Divorce 101: Step-by-Step Divorce in Texas

When people say, “I do, ” divorce is a distant dream. Lovers almost always dream of a long-lasting union filled with happiness and love.

The sad reality is that quite a high percentage of marriages end in divorce, with statistics showing this to be true 40% to 50% of the time. While the process can be draining emotionally and financially, an awareness of the process involved can help ease some uncertainty in an already sensitive period.

“The divorce process can look simple in theory, but actually turns out to be a lot more challenging in real life. It involves inner emotional struggles and legal complications that many overlook,” says Texas family attorney Matt Towson of the Towson Law Firm, PLLC.

Keep reading as we break down everything you must know about filing for a divorce in Texas, starting with collecting documents to the day the court issues the divorce orders.

Organizing Information

Organizing yourself is important before filing for a divorce. Begin with collecting critical dates that count, including your marriage date, date of separation, and important events concerning your life together.

Keep important documents such as marriage certificates, birth certificates of the kids, tax returns, and financial statements in your hands. Write down property information regarding possessions such as a house and shared property and debts accumulated during marriage.

The information will serve as a backbone for your case and make it easier to understand when discussing with legal professionals. Having a ready-made foundation makes the whole process easier as you go through a difficult period.

Filing Divorce Petition and Serving

Once organized, file the petition for your divorce. The petition contains your intention to divorce and your important information, such as grounds for your divorce, arrangements for your kids, and property distribution.

Go to your district court website or office and download forms specific to a Texas state case. Ensure that you sign each form as instructed before submission. Engage a lawyer in this stage, as their expertise will help you avoid mistakes that could complicate the process.

Once you are done with filing the petition,  serve your spouse with a copy. This will inform them about the proceeding and enable them to respond appropriately with timelines. Proper service keeps legal processes afloat.

Responding to Divorce Petition

Once your spouse is notified of the divorce petition, they can respond in several ways. Most prefer to file an answer, in which case they admit receipt and state their position concerning issues such as custody and property.

If you disagree with the terms in your petition, your spouse can file a counter-petition. With this paperwork, they can introduce alternative terms or terms. Alternatively, your spouse can choose not to respond, and such can lead to a default ruling in your favor.

Proceeding After a Response

Once your spouse files a response, you go through a period of discovery. In this, both parties swap information and documents regarding assets, debts, and provisions for child care.

The negotiation comes thereafter, in which each party seeks to settle any grievances peacefully. In case a settlement is reached, it is codified in a settlement agreement, and the court bases its orders on the agreement.

In case negotiations fall apart, then a trip to court through mediation is initiated. In Texas, a proceeding for divorce takes three months to over a year, depending on the complexity and cooperation between couples.

The Divorce Reality

Such complications require professionalism. In comes a lawyer who assists in a big way with explaining your rights, walking you through negotiations, and speaking for your case in court.

When choosing a family lawyer, pay attention to cases of a similar kind and speech manner. Perhaps seek one who hears your concerns and suggests pragmatic alternatives for your case. The ideal attorney can make a big difference in minimizing tension in a painful period and in raising the chance for a positive resolution.