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Overview of the Divorce Process

Every state has different laws and procedures regarding divorce and all of the ancillary issues that come with ending a marriage. The following is a brief overview of how a divorce case works under Texas family law.

Residency – You can only seek a divorce in Texas if you or your spouse has lived in the state for at least six months.

Filing the petition – One spouse must initiate the process by filing a petition requesting a divorce in the civil court of the county in which you or your spouse lives. This petition sets out the grounds for divorce and how you stand on the various issues that must be decided, such as child custody.

Service – The spouse who filed the petition must properly notify their spouse of the filing in accordance with the Texas Rules of Civil Procedure. If both spouses agree on the divorce, service can be waived.

Waiting period – Texas requires a 60-day “cooling off” period before a divorce can be granted, in case the spouses change their minds.

Temporary court orders – If two spouses cannot agree on all of the issues, the court may have to order a temporary arrangement for child custody and financial support while the divorce is in the process.

Discovery – In many cases, spouses will need to gather information from the other to help negotiate and resolve issues. This commonly includes financial statements and inventories of property to help resolve property division and support matters.

Negotiations – The spouses and their attorney will discuss the various matters in the divorce and see if they can reach an agreement. Mediation may be used to help facilitate agreement and avoid litigation whenever possible.

Trial – Any issues that cannot be resolved will be taken in front of the court. Each side will present its arguments and supporting evidence and it will be up to the judge to decide.

Entry of judgment – The court will decide on any matters and will enter a divorce decree, which legally ends the marriage and sets out orders for custody, support, and other relevant issues.

Consult with a Richmond, TX Divorce Lawyer Today

It is critical to have a divorce lawyer on your side who understands the entire divorce process and procedures in Texas. Please call The Vendt Law Firm, P.L.L.C. at (832) 263-6770 today to discuss how we can help you.


2 http://www.txcourts.gov/media/1084233/Texas-Rules-of-Civil-Procedure.pdf