Divorce can be an emotionally challenging process involving many legal steps. If you’re looking for a clear understanding of how to navigate a divorce in Texas, you’ve come to the right place. This article will walk you through the essential steps, covering various scenarios, examples, and relevant information from the Texas Family Code to help you better understand the process.
At Turner Monahan PLLC, we are committed to helping our clients through each stage of the divorce, ensuring that your rights are protected and your needs are addressed. Whether you need a spousal maintenance attorney, assistance with a prenuptial agreement, or help with the divorce asset split, we provide experienced representation that keeps your family strong.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Step 1: Filing the Divorce Petition
The first step in the divorce process is filing a Petition for Divorce with the court. This document is the official request to end the marriage. Either spouse (the “petitioner”) may file the petition, while the other spouse (the “respondent”) will be notified.
The petition must be filed in the county where either spouse has resided for at least 90 days. In Texas, at least one spouse must have lived in the state for a minimum of six months before filing for divorce (Texas Family Code § 6.301).
Example: If you’re living in Fort Worth and your spouse resides in Cleburne, you can choose to file the petition in either Tarrant County or Johnson County. If you’re looking for the best divorce attorney in Fort Worth, Turner Monahan PLLC is here to assist with local expertise.
Step 2: Serving the Divorce Papers
Once the petition is filed, the respondent must be served with divorce papers. This is a formal process that gives the other spouse notice of the divorce. Service can be completed by a process server, sheriff, or any disinterested party over 18 years old.
If the respondent refuses to accept the papers, a judge may authorize alternative methods of service. Service must be completed to move forward with the divorce proceedings.
Step 3: Waiting Period
In Texas, there is a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized (Texas Family Code § 6.702). This waiting period allows both parties time to consider reconciliation or prepare for the next steps. It’s during this time that many issues are negotiated, such as child custody, asset division, and spousal support.
Step 4: Negotiation and Temporary Orders
During the waiting period, both spouses may need to resolve several temporary issues, such as:
- Child Custody and Support: Determining where the children will live and the financial obligations of each parent.
- Spousal Support: Arranging temporary spousal support or spousal maintenance if one spouse needs financial assistance.
Temporary orders are critical to ensuring stability until the divorce is finalized. They can be particularly important in cases involving military divorce or high-net-worth families.
Example: A temporary order may require one spouse to continue paying the mortgage on the family home during the divorce. Turner Monahan PLLC can help you file for temporary orders to ensure your financial rights are protected.
Step 5: Discovery
The discovery phase involves gathering information about the marital assets, debts, and other relevant issues. Both spouses must disclose financial information, including bank statements, tax returns, and retirement accounts.
In cases involving a contested divorce, this step can be crucial to uncover hidden assets or evaluate the true value of marital property.
Example: If one spouse owns a business, Turner Monahan PLLC can help assess the value for equitable marriage asset division.
Step 6: Mediation and Settlement Negotiation
The Texas Family Code encourages both parties to try and reach a settlement outside of court. Mediation is a form of alternative dispute resolution where a neutral mediator helps the spouses come to an agreement on issues like asset division, child custody, and spousal support.
Mediation can be less costly and quicker than going to court. It is also helpful for maintaining a working relationship, which is beneficial if children are involved. Hiring an affordable divorce attorney near you can make a significant difference during this stage.
Step 7: Court Hearings (If No Settlement Is Reached)
If the spouses cannot agree during mediation, the case will proceed to court, where a judge will decide on unresolved issues. This is common in high-conflict divorces, such as when both parties cannot agree on child custody or division of assets.
The judge will make decisions based on the Texas Family Code and what is considered in the best interests of all parties involved. For instance, Texas Family Code § 7.001 requires a just and right division of marital property, which means the court will divide assets fairly, though not necessarily equally.
Example: If one spouse contributed significantly more to the marriage financially, the judge might award that spouse a larger portion of marital assets. Turner Monahan PLLC’s top divorce attorneys are well-versed in arguing for fair divisions based on each client’s contributions and needs.
Step 8: Final Divorce Decree
Once all issues are resolved, either by agreement or court ruling, the judge will issue a Final Divorce Decree, which legally ends the marriage. This decree will outline:
- The terms of the asset division
- Child custody and visitation arrangements
- Any obligations for spousal maintenance or child support
The final decree must be followed by both parties. If circumstances change, modifications can be requested, but these must be approved by the court.
Example: If a spouse receiving spousal maintenance finds a new job and becomes self-sufficient, the paying spouse may seek a modification to reduce or terminate support payments.
Turner Monahan PLLC – Here to Support You
Divorce can be an overwhelming process, but having the right legal representation can make a significant difference in the outcome. Since 1973, Turner Monahan PLLC has provided clients with reliable and compassionate representation, handling everything from divorce asset split to legal separation and child custody. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
