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Going through a divorce can be a stressful and emotional time for anyone. If you’re in Texas and considering or starting the divorce process, it’s important to understand what lies ahead so you can plan accordingly. Divorce can feel overwhelming, but with the right knowledge, you can navigate the legal process with confidence.

This is a basic process of the divorce process in Texas, providing a clear roadmap from start to finish. Whether you’re seeking a contested or uncontested divorce, understanding the steps can help you better manage your expectations and prepare for what’s to come.

Step 1: Deciding to Divorce

The first step in the divorce process is deciding that divorce is the right option for your marriage. It’s important to take time to think through the decision, as divorce is a significant change in life. Many people consider counseling or mediation to try and save their marriage before deciding to file for divorce.

However, if reconciliation is not an option, you can begin to prepare for the legal process. It’s helpful to consult with a Texas family law attorney who can explain your rights and help you navigate your options.

Step 2: Filing the Divorce Petition

Once you’ve made the decision to divorce, the process begins by filing a divorce petition. In Texas, this document is called the Original Petition for Divorce. You will file this petition with the district court in the county where either you or your spouse lives. The petition will outline your basic information, grounds for divorce, and your requests regarding custody, property division, and spousal support.

Key Points:

• Residency Requirement: One spouse must have lived in Texas for at least six months and in the county where they are filing for at least 90 days.
• Filing Fees: There will be a filing fee to submit the petition, though this can vary by county.

Once filed, the petition will be served on your spouse. They will have a set period, usually 20 days, to respond to the petition.

Step 3: Temporary Orders

In some cases, there may be a need for temporary orders. These are court orders that are put in place to address issues like child custody, child support, spousal support, and property use while the divorce is pending.

Temporary orders provide a clear structure while the case is in process and can help prevent one spouse from making drastic financial or living arrangements before the final decision is made. A hearing for temporary orders will be scheduled soon after filing the petition.

Step 4: Discovery Process

The discovery phase is when both parties exchange information about their assets, debts, income, and other important details. This process is crucial for determining how property and debts will be divided, as well as other aspects of the divorce, like child custody.

What to Expect During Discovery:

• Financial Disclosure: Both spouses must provide a sworn financial statement that outlines income, expenses, assets, and debts.
• Depositions and Interrogatories: Your attorney may ask you and your spouse questions under oath, and you may also receive written questions to answer.

Discovery can take time, and if there are disagreements or if the information exchange is complex, this phase can take several months.

Step 5: Negotiation and Settlement

Once both sides have all the necessary information, negotiation begins. This is often when divorce mediation takes place. Many couples can settle the terms of their divorce, including child custody, spousal support, and property division, without going to trial. Mediation is a less expensive and less emotionally taxing option compared to court.

If you and your spouse are able to agree on the terms, your attorney will help you draft a Mediated Settlement Agreement (MSA) that is presented to the court for approval.

Key Considerations:

• Child Custody and Support: Parents need to decide on an arrangement for their children’s custody and support.
• Division of Property: Texas is a community property state, which means assets and debts acquired during the marriage are typically divided equally.
• Spousal Support: Depending on the circumstances, you or your spouse may be entitled to or required to pay spousal support.

Step 6: Court Hearing and Finalization

If both parties agree on all terms, the judge will review the divorce agreement and grant the divorce. However, if the parties cannot settle, the case will proceed to trial, where each side will present its arguments, and the judge will make the final decision.

What Happens at the Final Hearing:

• Uncontested Divorce: If both parties agree on all terms and submit their divorce settlement agreement, the judge will likely approve it without a trial.
• Contested Divorce: If there are disagreements that cannot be resolved through negotiation or mediation, the case will go to trial. A judge will make final decisions on property division, custody, support, etc.

The divorce will be finalized once the judge signs the final divorce decree. This typically happens within a few weeks to a couple of months after the hearing.

Step 7: Post-Divorce Actions

After the divorce is finalized, there may be additional steps to take. For example:

• Changing Name: If either spouse wants to revert to their maiden name, they can request this as part of the divorce process.
• Dividing Assets: Once the divorce is finalized, the division of property and assets needs to be carried out according to the divorce decree.
• Child Custody Modifications: If circumstances change after the divorce, you may need to seek a modification of the custody arrangement.

How Long Does a Divorce Take in Texas?

The length of a divorce in Texas can vary depending on whether it’s contested or uncontested. If the divorce is uncontested and both parties agree on the terms, it can be finalized in as little as 60 days after the petition is filed.

If the divorce is contested, it can take several months or even over a year to resolve, depending on the complexity of the issues involved.

Hiring an Experienced Divorce Attorney in Texas

Divorce can be complicated, and it’s important to have a trusted legal expert by your side. A skilled Texas divorce attorney can guide you through each stage of the process, from filing the initial petition to finalizing the divorce. At Denis Law Group, we are committed to providing personalized, compassionate legal representation for every client.

Final Thoughts

The divorce process in Texas may seem overwhelming at first, but with the right guidance, you can navigate each step with confidence. Whether you’re facing a contested or uncontested divorce, it’s essential to have a clear roadmap and understand what to expect at each stage.

If you’re considering a divorce in Texas, Denis Law Group is here to help. We specialize in family law and will work diligently to ensure your rights are protected throughout the entire process.

Need help with your divorce in Texas?

Contact Denis Law Group today to schedule a consultation. We’re ready to assist you every step of the way.