A Guide Through the Texas Divorce Process
Getting a divorce can be a stressful, frustrating process. The personal feelings and emotions that a divorce can bring to the surface can be overwhelming. On top of this, the legal system can be confusing and may seem to only make the process worse.
Our attorneys believe we can reduce the stress of divorce by educating you about the legal system and formalities that are involved. We feel that removing uncertainty about the process will better prepare you for the changes that lie ahead.
The information below describes the general divorce process in Texas. Every divorce in Texas will follow this general outline. However, time limits may vary depending on your particular situation, and on the County where you file your divorce. There may be other variations within the process that are created by the parties inability to agree on a divorce settlement, problems agreeing on child custody, and domestic violence between the parties, among others. However, this information will give you a general overview of the divorce process in Texas.
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Initiating the Divorce Process
In Texas the divorce process begins by preparing and filing an Original Petition for Divorce in the District Clerk’s Office. This is a form that collects general information about you, your spouse, your marriage, and other applicable information. To qualify for a divorce in Texas one of the spouses must have lived in Texas for the past six months, and been a resident of one county in Texas for 90 days. Both spouses do not need to meet these requirements.
Giving Your Spouse Legal Notice of the Divorce
Once the Original Petition for Divorce has been filed the next step is to give your spouse legal notice of the divorce. Texas provides three ways to accomplish this, as listed below. The purpose of this is to inform your spouse that you are requesting a divorce and to allow them to respond through the courts.
- Service of Process- An official process server delivers a copy of the Original Petition for Divorce to your spouse, and your spouse signs with the process server acknowledging receipt of the divorce petition. This usually requires paying someone who is certified with the court to deliver the divorce petition to your spouse.
- Waiver of Citation- This is a more informal way of serving your spouse. A copy of the divorce petition is delivered to your spouse with a waiver attached to it. Your spouse signs the waiver and returns it to your lawyer. Your lawyer then files this with the court. This is usually the most time and cost efficient method.
- Service by Publication or Posting- This type of service entails very specific circumstances before it can be used and requires a Court Order. This allows you to publish notice in a local newspaper notifying a spouse who cannot be found that you are requesting a divorce.
Responding to the Divorce
Once you have either served your spouse with the divorce petition, or you yourself have been served, the next step is for the served party to respond. This is generally done by filing an Answer with the court, although if the party does not respond with an Answer, the proceeding may continue. If an Answer is filed with the court, it entitles the answering party to notice of all court hearings and to be present in court for any proceedings in the case.
The 60 Day Waiting Period
After the divorce petition is filed you must wait at least 60 days before you can finalize the divorce. This is a mandatory waiting period required by Texas. This period is to allow the parties to “cool off” and try to reconcile the marriage, or if this is not possible, to try and reach agreements about what to do with property and children at the end of the marriage.
During this time the court may conduct Temporary Hearings and grant Temporary Orders. The purpose of these are to set the ground rules for the parties during the pending divorce. These orders may involve the protection of property, protection of the spouses, or involve matters regarding child support and/or visitation.
Also during this period the parties will typically attempt to negotiate and reach a final settlement. The court encourages the parties to reach an agreement as to all aspects of the divorce. In facilitating this agreement, the court may order the parties to attend a Mediation. Mediation is a process where both parties meet with a neutral third party who is experienced in divorce negotiations. The Mediator does not make a decision that binds the parties, but rather tries to discuss the divorce with both parties and help them reach an agreement about the divorce. If an agreement cannot be made at this time, a decision will be made by a judge or jury at the Final Hearing (discussed below).
Finalizing the Divorce
After the 60 day waiting period is over, the next step in the process is to schedule the Final Divorce Hearing. This is scheduled for the next available hearing date the court has available and the time may vary depending on the schedule of the court.
What happens at the Final Hearing will vary depending on your particular situation. If you and your spouse are in complete agreement then the process may be as simple as answering a few simple questions. If an agreement was not reached, there will be a hearing to the judge or jury. The court will then reach a decision on any disputed terms of your divorce and its decision will be binding on you.
Next, a Final Decree of Divorce is prepared. This document lays out all of the agreements made between the parties for the divorce, or if agreements were not reached the decision of the judge or jury. Once the judge signs the Final Decree of Divorce your divorce becomes official. You or your ex-spouse, however, cannot get remarried for 30 days because the Final Decree of Divorce is appealable for this time.
Finally, if there are children and the divorce involves child support, a child support account needs to be set up. Additionally, a child support withholding order may be issued.
The information you receive from this page is not, nor is it intended to be, legal advice. You should consult with an attorney regarding your specific legal matter.
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