Divorce Process in Texas
You already know that ending a marriage is tough — the toughest thing you may ever go through. My hope is that this information on the divorce process in Texas will help to make the process easier to understand, and a little less painful to go through.
The Divorce Process, Step by Step
- You begin, if you are the one seeking the divorce, by filing a petition with your district clerk. Texas is not a no-fault state, so you must cite grounds: cruelty, adultery, insupportability, conviction of a serious crime, living apart, abandonment or having clear mental problems. If you and your spouse made a prenuptial agreement, now is the time to present that. This petition will be sent to your spouse, with instructions on how to respond.
- The court may issue temporary orders covering the divorce period. These orders may cover parenting arrangements, financial support for the child or spouse, or other matters you may bring up.
- A process of discovery then ensues in which each side shares information about the case. Various methods are employed in this process, from sharing documents to interrogatories and depositions. The idea is that all relevant information be on the table and available to both sides.
- The two sides must decide whether to go to trial or to work through differences in negotiation. Many of my clients find that mediation or the collaborative divorce process meets their needs best. Trial is only the right process when the two sides are unable to come to any agreement on their own. Issues to be decided include parenting and financial support for children of the marriage and sometimes for the ex-spouse. All marital assets are to be divided according to Texas community property standards.
- Once the parties reach agreement on key issues, the court will draw up a formal divorce decree. This decree will have orders that are binding upon the couple forever, unless formal modifications are entered.
Advising Clients on All Aspects of the Divorce Process
I invite you to learn more about all aspects of the divorce process by reading the following pages:
- Contemplating divorce
- How to select a divorce lawyer
- Working with a financial advisor
- Working with mental health professional
- Post-divorce issues
- Life after divorce
Filing for Divorce? Call Me, Divorce Attorney Wayne Ward, Today.
Se habla español. Spanish-language service is available.