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In Texas, the divorce process typically involves several stages, which can vary depending on the complexity of the case (e.g., whether there are contested or uncontested issues such as child custody, property division, or spousal support). Below are the main stages in a Texas divorce:

1. Filing the Petition for Divorce

• Petition for Divorce: The spouse seeking the divorce (the petitioner) files a legal document called the Petition for Divorce with the court. This petition outlines the grounds for divorce (usually irreconcilable differences or living apart) and other details like child custody, division of assets, and support.
• Filing Fee: There is a filing fee to submit the petition, which varies by county.  You can find the fees for Bexar County by clicking here. Comal County fees click here. Guadalupe County fees click here. Wilson County fees click here.  
• Temporary Orders (optional): If needed, the petitioner may request temporary orders that provide immediate decisions on issues such as child custody, visitation, child support, or temporary spousal support while the divorce is pending.

2. Serving the Divorce Papers

• The respondent (the other spouse) must be served with a copy of the Petition for Divorce. This can be done through a process server, a sheriff, or by mail/email with a waiver of service.
• If the respondent agrees to the divorce, they can sign waiver of service or file an answer on their behalf, acknowledging receipt of the papers and agreeing to the divorce.

3. Waiting Period

• Texas law requires a 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized, unless there is a special circumstance (e.g., family violence).
• During this period, the couple may attempt to reach agreements on issues such as property division, child custody, and support, either through negotiation, mediation, or court hearings.

4. Discovery and Negotiation

• Discovery: Both spouses may exchange information and documents related to assets, debts, income, and other relevant matters. This stage can involve subpoenas, requests for documents, and depositions.
• Negotiation/Mediation: Spouses may negotiate or engage in mediation to resolve any disputes outside of court. Mediation can help settle contentious issues, including child custody and division of assets, without the need for a trial. Mediating for Temporary Orders is becoming the new norm as it gives both more control on a favorable outcome for both parties. 

5. Temporary Orders Hearing (if applicable)

• If there are disputes that need resolution while the divorce is pending, the court may issue temporary orders that cover things like custody arrangements, child support, spousal support, and who will live in the family home.
• Keep in mind a hearing can be very expensive and a judge can only rule within the confines of what the law reads. 

6. Finalizing the Divorce

• Settlement Agreement: If the spouses reach an agreement on all issues, they can submit a Final Decree of Divorce to the court, which will outline the terms of the divorce. A settlement agreement can be reached either by mediation or through formal exchanges of proposal/counter proposals through the attorneys.
• Trial: If the spouses cannot agree on all issues in mediation, a trial may be necessary. During the trial, both parties will present evidence, and the judge will make final decisions on contested issues such as property division and child custody. Before a trial can be set, mediation must first occur. 
• Final Decree of Divorce: Once the judge approves the terms of the divorce, a Final Decree of Divorce is signed, and the divorce is legally complete.

Each divorce case can have its own unique timeline and complications depending on the level of disagreement between the spouses and whether children or significant assets are involved. It takes a compassionate approach to the practice of family law. The Denis Law Group is an experience team that is prepared to consult with you regarding any questions related to your family law matter. 

The Denis Law Group uses innovative technology to create an effective and efficient process for our clients. Our clients are able to contact us in multiple ways and our clients have 24/7 access to their own family law file.  We are dedicated to approach each unique case and help guide our clients to the best long-term solution for their family that works for them. 

The financial burden of a divorce can be overwhelming and exhausting. We have partnered up with Affirm – LawPay in an effort assist with those costs for our clients. We also bill every two weeks to allow our clients the control over their case as needed and the ability to make payments easier to manage. 

Contact the Denis Law Group today and let us help you navigate these waters with experience and compassion.