Divorce, no matter the circumstances, is a challenging and emotionally charged time in one’s life. Due to the uncertainty, anxiety, and, sometimes, the shock of their own situation, many going through it for the first time can find it comforting to have a better understanding of how to get a divorce, so they know what to expect moving forward. Though the specifics can vary, the divorce process generally follows the same progression.
Here’s a step-by-step divorce guide to help you understand how it works in Texas:
1. File a Divorce Petition
Filing for divorce is the first step in the divorce process. Even when both spouses agree that getting a divorce is the right decision, one spouse is still required to file a petition with the court to start the divorce process. The person responsible for filing for a divorce is the petitioner. The other spouse is referred to as the respondent.
Filing the petition is one of the most important steps to getting a divorce. When a divorce petition is filed, it officially begins the divorce process in Texas. However, the petition must be filled out correctly and contain all of the necessary details. This means that in order to know how to get a divorce, you must first know how to apply for one by filling out the petition.
A divorce petition must include the following information:
- A written statement to the court informing them that at least one spouse meets the state’s residency requirement for divorce. In Texas, one spouse is required to have lived in the state for at least six months prior to filing for divorce, and one spouse must have lived in the county for the preceding 90 days.
- The legal reason for the divorce, fault or no-fault
- Any other statutory information required by the state, such as the date of marriage, your plans for child-related matters, and your plans to divide the marital property
But where do you file for divorce once you’ve properly filled out the petition? You will need to file your divorce with the district court in the county where you live.
2. Notify Your Spouse and File Proof of Service
The next step in how to start a divorce process is to give your spouse, the respondent, legal notice of the divorce petition. Legal notice requires serving your spouse with a copy of the filed, stamped copy of the petition.
Those who are reasonably amicable with their spouse or have had previous discussions about taking the steps to divorce may choose to give the divorce petition directly to their spouse, who can then sign a Waiver of Formal Service.
Those whose spouses may not want to get a divorce or may not be agreeable to signing a waiver can hire a process server or a county constable or sheriff, who is licensed to personally serve the legal documents to your spouse.
In the event that personal service is not successful, you can obtain a court order that allows for alternative service by other means, such as by mail, online, or by posting a notice at the courthouse or publishing it in a newspaper.
Once your spouse has been served with the divorce petition, you will need to file a proof of service or the signed waiver of service, which states that you have met the statutory requirements for providing a copy of the divorce petition to your spouse. If you fail to file a proof of service or properly serve your spouse the necessary paperwork, the divorce case will not be able to proceed.
Your spouse must now file a response within a certain time frame; otherwise, it could result in a default judgment against them. Reversing this judgment can be a complicated and costly process.
3. Request Temporary Court Orders if Necessary
In some circumstances, it may not be viable to wait months for a divorce to be finalized. In this situation, the next steps in the divorce process will include temporary court orders. One party can request temporary court orders, either in their original petition or in a separate motion, to address matters such as child support, child custody, and spousal support during the pendency of the case.
When temporary court orders are requested, the court will conduct a hearing where both spouses can present their case. The judge will then issue a ruling, and the order will stay in effect until the divorce is legally resolved.
4. Negotiate a Settlement
Negotiating a settlement is a crucial aspect of how the divorce process works. Important matters in your lives, such as child custody, property division, or the dividing up of a business, can be difficult for both parties to agree upon. In order to help resolve issues such as these, spouses and their attorneys will discuss these points in an attempt to reach a settlement. Prior to any trial, the court will require the parties to attend mediation, in which a neutral third party assists in the settlement negotiations.
5. Trial
If negotiations fail and problems are still unresolved, the next step is to take the divorce to trial. At trial, both parties will present their evidence to the judge to support their claims regarding matters such as property, financial support, child custody, and other similar issues. The court will then consider all evidence and testimony and make a final ruling on all outstanding matters of the case.
6. Finalize Judgment
The court’s judgment will be finalized in a final decree of divorce as the last step in the divorce process. This decree, which the judge signs, will end the marriage and make specific orders regarding matters such as child custody, financial support, division of assets, and other issues.
About the Author
Ally Caskey is well-versed in the practice of family law; she specializes in working with children to make a positive difference in their lives and strategizing on options for property settlement with clients. She is a part of the Dallas Bar Association, Family Law Section, and the Annette Stewart American Inn of Court. Ally is a graduate of Southern Methodist University, Dedman School of Law, where she was named to the Dean’s List and served as president of the Family Law Association.
