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The Texas Divorce Procedures


An original Texas divorce petition in Texas must be filed with the court and then served on the Respondent personally. If the parties are working amicably toward a settlement in their Texas divorce, the Respondent can waive service in writing. This saves on the Texas divorce costs.

The Petitioner at the time of filing a Texas Divorce can request a Temporary Restraining Order to be issued. This allows the status quo of the parties involved in the Texas divorce to be frozen. This makes sure no assets will disappear before there is a court ruling in a Texas Divorce. It also requires that the parties will act civilly towards each other and not hide the children, turn off utilities, cancel insurances or credit cards, harass or threaten each other during a Texas divorce.

If there is a Temporary Restraining Order issued during a Texas divorce, within 14 days, the court will set a hearing date. At this hearing, the Texas divorce court will turn the restraining order into a temporary injunction against the parties involved in a Texas divorce.  These are the rules both parties will live under during a Texas divorce, such as: custody, support of the children, visitation, use of property and payment of attorney’s fees for the Texas Divorce.  If there is no Temporary Restraining order issued during a Texas divorce, the respondent will have 20 days to file an answer regarding the divorce in Texas.

Discovery is the next step in a Texas divorce; it is the process where the parties exchange documents and information that is relevant to the case in a Texas Divorce.  This would include depositions, written questions, requests for admission and production of documents during the Texas divorce proceedings.

Once Discovery is completed in a Texas divorce, all parties involved along with their attorneys will negotiate over the settlement of the case in the Texas divorce.  If an agreement is made during the Texas divorce, an Agreed Decree of Divorce will be prepared containing the terms of the agreement in the Texas divorce.  This document will eventually be signed by the judge, attorneys and spouses to finalize the Texas Divorce.

A trial date in the Texas divorce will be set in the in the case both parties do not agree on all of the issues involved during the procedures of the divorce in Texas.

Mediation will be required prior to trial in a Texas divorce.  Mediation is a process where parties are allowed to work with a neutral third party. A mediation is an attempt to resolve any issues or conflict before the trial date during a Texas divorce. Any talks made during mediation can not be used in trial of a Texas divorce and are protected by rules of confidentiality.  If there is no agreement during the mediation process of a Texas divorce, the case will go to trial for a judge to decide and finalize the divorce in Texas.

Once the trial is heard and completed in a Texas divorce, a Final Decree of Divorce will be presented for all parties involved to sign the divorce papers in Texas.  The Divorce Decree will contain all the rulings pertaining to the Texas divorce.

 


Do it yourself divorce forms for obtaining a Texas divorce are available by clicking here. By downloading and completing them yourself, most are able to completely avoid paying high attorneys high fees.

Texas DivorceTexas Residency Requirements For Divorce

A spouse filing for divorce must have lived in state for six months

Texas DivorceGrounds For Divorce In Texas

Texas recognizes the following grounds for dissolution of marriage:

  • marriage is irretrievably broken;
  • mental incapacity of one of the parties.

Divorce forms are created and routinely modified within each state. A do it yourself divorce form packet for your state will include the most recent applicable forms including the following:

Uncontested and No Fault Divorce Forms

Otherwise known as a Simple Divorce, these do it yourself divorce forms are suitable for dissolving marriages that do not involve children, property or spousal support.

Divorce with Children Forms

A divorce with children involved requires extra decisions and corresponding forms. Divorcing with children will require forms for child support, Custody, visitation, and possibly spousal support as well as the forms for the divorce itself.  We've got you covered by carrying the Texas divorce forms you need if you have children.

Orders to Show Cause for Temporary Arrangements

Orders to Show Cause are legal forms used to set up initial Child Custody, Child Support, Visitation, Spousal Support and Injunctive Relief. Orders to Show Cause are divorce forms that present evidence to the court as to why a certain arrangement should be made.

Modification Forms for Existing Child and Spousal Support Arrangements

During or following divorce proceedings, modification forms can be used to change previous arrangements such as child Custody, visitation or spousal support.

Domestic Violence Restraining Orders

A restraining order can remove a dangerous or threatening presence from your life including a spouse, a live-in significant other, or person to whom you are/were engaged or dating. 

Name Change Kits

Following divorce, you are able to legally change your name using these forms.


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