The Original Petition for Divorce Gets Filed
An Original Petition for Divorce is the document that opens your divorce case. This document must have the names of you and your spouse, the names of any children, whether you and/or your spouse meet the residency requirements to file in the state and the county you filed in, the grounds for divorce, and any other requests you are making as to child custody, child support, and property division.
Once this Petition is accepted, it will get assigned a cause number and court number. This filing will also begin the 60 day time clock to finalize your divorce since Texas does not allow (without special exceptions) for a divorce to be finalized before 60 days has passed from the date of filing.
Your Spouse Gets Served OR Signs a Waiver of Service
If you have a contested divorce i.e. one where your spouse and you are not in agreement about even filing the divorce, your spouse will need to be personally served with the Petition you filed. This means a private process server, sheriff, or constable will serve them the Petition after the court issues a citation for service. If you are unsuccessful at serving your spouse through personal service, you may request the court allow you to serve your spouse using an alternate method.
However, if you and your spouse have already agreed to file a divorce and your spouse does not plan on hiring an attorney to represent them, they can sign and notarize a Waiver of Service allowing you to skip the personal service requirement.
It is important to note that a court cannot finalize your divorce without your spouse being served or waiving service.
Respondent’s Answer
The person filing the divorce is referred to as the “Petitioner” while the other spouse is referred to as the “Respondent.” Once getting served, the Respondent is given notice that they have until 10:00 am the Monday after the expiration of 20 days from service to file an Answer to the divorce.
If the Respondent is properly served and does not file and answer, the Petitioner may get a default divorce after 60 days has passed from the date of filing.
Discovery
At any point after a divorce has been filed and the Respondent has filed an answer, there may be a need for a formal discovery process.
The discovery process in a Texas divorce is a crucial phase where both parties gather and exchange information and evidence relevant to the divorce case. Discovery helps each spouse understand the other's financial situation, assets, debts, and any issues related to child custody or support. The discovery process usually entails written interrogatories, requests for production, requests for disclosures, requests for admissions, and depositions.
Each party must respond to the discovery within the time required which is usually 30 days. Failing to respond to discovery may have consequences which include the other side requesting the court order responses and award them attorney’s fees.
Mediation for Temporary Orders
Most courts in Texas require parties to attempt mediation absent certain circumstances.
Mediation in a Texas divorce is a process where both spouses work with a neutral third-party mediator to reach a mutually acceptable agreement on various issues related to the divorce. A mediated settlement agreement is not revocable and can help the parties avoid the costs and stress of going to court.
Mediation for temporary orders means that you will only be mediating as to the temporary use of property, temporary monetary support, and temporary custody of the children.
Temporary Orders Hearing
If there is no agreement for temporary orders in the mediation, you or your spouse may need to ask the court for a hearing date to have the court issue temporary orders. This hearing will only result with a court order that relates to the temporary use of property, temporary monetary support, and temporary custody of the children.
Mediation for Final Orders
Once you and your spouse are ready to finalize your matter, most courts will require a mediation for the final order in the divorce. The mediation process for final orders will include the final conservatorship, child custody, and child support agreements as well as an agreement on the final property division.
Final Trial
If you and your spouse are unable to come to an agreement in the final mediation, a trial will need to be held for the judge to hear both your cases and render a decision on all the issues in the case.
Final Decree of Divorce Gets Filed
Once there is an agreement or a court has rendered their decision as to your divorce, a final order called the Final Decree of Divorce will need to be drafted, reviewed, and signed by all parties and their attorneys. The court will also require the agreement be “proven up” before signing the order. The Final Decree of Divorce will need to be filed with any required forms.
Judge Signs Order
Once the judge in your case signs the Final Decree of Divorce, your divorce is now finalized. The date on the order is your date of divorce. You may request a certified copy of your divorce decree for your records.
A divorce can be a very complicated process with many moving pieces. It is advisable to consult with a knowledgable family law attorney to navigate the divorce process and understand your rights and obligations.