Understanding the divorce process in Texas

Divorce can be an emotionally difficult time, and understanding the steps involved can help make the process clearer. If you live in Texas and are considering a divorce, it’s important to know what to expect so you can prepare for each stage.

Filing for divorce

The first step in the divorce process requires one spouse to file a petition for divorce. The petitioner, who files this document with the court, officially starts the divorce. You must meet state residency requirements to file; either you or your spouse must have lived in the state for at least six months. The petitioner also needs to serve the divorce papers to their spouse, known as the respondent, who then has the opportunity to answer the petition.

Temporary orders and discovery

After the petitioner files the petition, the court issues temporary orders to address issues like child custody, living arrangements, or financial support during the divorce. These temporary orders help maintain stability until the divorce concludes. During this time, both spouses also go through a process called discovery, where they exchange information about finances, assets, and debts to ensure both parties have a clear picture of what they own and owe.

Negotiation or mediation

Next, the spouses negotiate a settlement. They can do this directly or with the help of a mediator, who helps both sides reach an agreement on issues like property division, child custody, and spousal support. If both spouses agree on all matters, they present a final settlement agreement to the judge for approval. In Texas, most divorces settle before reaching trial.

Finalizing the divorce

If the spouses cannot reach an agreement, the divorce goes to trial, where a judge makes the final decisions. Once the judge makes all decisions, they issue a final divorce decree. State law requires at least a 60-day waiting period from the time the petitioner files before finalizing the divorce.

Moving forward

Divorce is never easy, but understanding the steps involved can help you feel more in control. Knowing what to expect can make the process less overwhelming and help you focus on what comes next in your life.