Blog

Home»Divorce Articles»Divorce Procedure 101: How to File for Divorce in Texas

Divorce Procedure 101: How to File for Divorce in Texas

 

One of the most frequently asked questions among those looking to file for divorce is “how do i go about starting the process?”  Each state has different requirements and laws to abide by in the process. In the Lone Star State of Texas, the procedure has a number of steps to properly complete filing for divorce. This blog will break down the steps in simple easy to understand points to assist you in the procedure.

Paperwork

First, the Petitioner, otherwise known as the filing spouse, files an Original Petition for Divorce with their local court. Once a petition is filed,  Texas divorce papers will be issued to the petitioner. Then the papers must be personally served to the Respondent, or the other Spouse in question. If needed, at the initial filing, either spouse may request a restraining order if the court deems it necessary.

Waiting for the Judge

Commonly, the court will also consider temporary orders, which will be in effect while the divorce is pending. Temporary orders usually involve temporary use of property and servicing of debt. It can include temporary spousal support and the payment of interim attorney’s fees as well. It is important to have all proper divorce documentation when attending the initial filing as Texas courts are legally inclined to ask for all proof of assets or debts. The process known as “Discovery” can also occur during this time. This is where both parties must exchange copies of all documents, this can be done between spouses or between legal council.

Settlement Procedures

Texas divorce courts always try to settle divorce matters with as little in court sessions as possible. Therefore, once all documents have been exchanged the spouses discuss settlement of the case, either directly or with the help of attorneys or mediators. If they can work out an agreement on everything, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement. The spouses and their attorneys sign it, and eventually the judge does as well. however, if a mutual agreement cannot be concluded, a trial date will be set to have the matters handled in court.

Mediation

Texas Law requires spouses to participate in mediation if they absolutely cannot come to an agreement and a trial is put into effect. Mediation is an informal process allowing the divorcing couple to work with a neutral third party, usually a court appointed therapist or counselor, to negotiate and settle all terms of their conflict. Then if mediation is not successful, the trial will take place. A Final Decree of Divorce is then drawn up by the courts. This contains the ruling passed down in the trial, and the rules and stipulations that both parties must adhere to.

The process can be swift and relatively easy or the exact opposite, all dependent on both parties and their willingness to cooperate with one another and the courts. There is a small amount of paperwork that must be completed in full in order to get the ball rolling on the filing. It is always important to be fully ready for the process that takes place, as divorce proceedings usually take on average, of 6 months to complete.

Written by

The author didnt add any Information to his profile yet

Leave a Reply

Your email address will not be published. Required fields are marked *

*

* Copy This Password *

* Type Or Paste Password Here *

14,946 Spam Comments Blocked so far by Spam Free Wordpress

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>