How the Divorce Process Works

Your divorce process only succeeds after a judge consents to a divorce decree. However, the divorce proceedings must address issues crucial to the union before the judge signs the decree. For instance, they must address property division, child custody, alimony, and other support.

The rate of divorce in the United States is alarming. For instance, about 50 percent of marriages in the country end in a breakup. Yet, several people are unaware of how the divorce process works. 

“Understanding the divorce process and being mentally ready for it is essential because it can be complex, costly, and time-consuming. When you know what the process entails, it helps you to prepare well for it,” says divorce law attorney Matt Towson of Towson Law Firm, PLLC.

This essay explains the steps involved in a divorce:

Separation: Laying the Foundation for Divorce

Divorce does not happen in the blink of an eye; it must follow due process for it to be official and acceptable. Hence, the process often commences with the couple separating. 

Several jurisdictions have waiting periods. That is, a certain duration must elapse between when you separate from your estranged lover or file for divorce and when the authorities finally end your union. Texas imposes a 60-day waiting period on couples who intend to divorce.

During the waiting period, you can be legally separated or live apart informally. If the separation is formal, a court order or written agreement between the couple governs critical issues like child custody, finances, and alimony. 

Understanding the purpose of this waiting period will help maximize the process. Consult a reputable divorce law attorney to help you take advantage of this “cooling-off” period to settle crucial issues that may delay the divorce.

Determining Divorce Grounds: Why You Want to Quit

Before commencing your divorce process, you must decide whether to institute a fault or no-fault divorce. Texas and other states allow a no-fault divorce process where you and your spouse don’t need to prove anything to call for your marriage dissolution. There must not be any specific wrongdoing to seek an end to your union.

You can use “irreconcilable differences” as the ground for the no-fault breakup. The court can grant the divorce even if your partner opposes it. 

Also, you can end your marriage based on certain faults of your partner. For instance, you can file a divorce suit if your spouse is abusive or adulterous. Abandonment is also sufficient grounds to seek divorce. 

However, it is essential to note that fault divorces are expensive and more complex. People opt for this pathway if they want the court to decide property division, child custody, and alimony. You can also take this route if you want to establish your spouse’s record of wrongdoing. 

Getting into the Ocean: Filing a Divorce Lawsuit

When you approach the court for divorce, you must submit the necessary documentation to the authorities to undertake the process. However, before filing for divorce, you must have met all conditions, including the mandatory waiting period. You will restart the process if the court discovers you have evaded any step.

Your county’s divorce or family court is the most appropriate to file your divorce petition with. You or your spouse must have lived in the jurisdiction for a given period before you can file your petition. 

Your divorce petition must include the names and contact information of both parties, your grounds for the breakup, and details about the kids involved, like their locations and ages. It should also contain your desired outcomes concerning asset division, child custody, and support. 

You must accompany your petition with the required fees. However, you can demand a fee waiver if you cannot afford it. 

Getting the Other Side Ready: Informing Your Partner About the Petition

Your partner will receive a formal notification of the divorce proceedings after filing your petition. You can engage a process server or sheriff to serve your spouse the divorce papers. 

If you are unaware of your partner’s whereabouts, you should still carve out a way of informing them of your intentions. For instance, you can get the court’s approval to publish the divorce filing in local news outlets. 

Before the case can proceed, you must provide evidence to the court that you have served your spouse with the papers or genuinely attempted to reach them. The court will review your steps and decide if it is appropriate to continue with the case. 

Response from the Spouse 

Your spouse must respond within a given timeframe after receiving the notice of divorce. But if they ignore the notice, you can request an uncontested or default divorce from the court. Your partner’s failure to respond should not hinder you from moving forward.

If the divorce is uncontested, the court will approve the divorce and may award the requests in your petition. After this, the judge will effectively dissolve the union. 

If your partner responds to the petition, they will answer your initial divorce petition. They may agree or disagree with your claims. They can also proceed to institute a counter-complaint where they will accuse you of certain things or inform the court of unknown facts.

Your responding partner must serve you with a copy of their response and provide the court with evidence of this service. Doing this will signal their intention to continue with the case.

The Need for Tentative Hearings

If you face special conditions, you may not need to wait until the end of the waiting period. For instance, if you are facing threats of abuse from your partner, the court may hold a tentative hearing. They may give a restraining order or give a verdict on children’s welfare.

You and your spouse must be present. The court needs to hear from both sides before giving a verdict.

Discovery Phase and Preparation for Trial

You need to collate proof to establish your claims or counter your spouse’s assertions. You need to prepare diligently for the trial if you want the court to grant your requests. 

Part of the preparations may include conducting depositions, sending interrogatories to your spouse, and submitting documents. However, it is essential to state that you will only undergo this process if you involve attorneys in a contested divorce. 

Settling the Case or Proceeding to Trial

You can decide to settle things amicably with your partner or proceed to a trial for a judge to end your marriage. Your divorce is uncontested if you and your spouse agree on all issues. This method is often quick, economical, and less hostile. 

If you opt to settle things out of court, you can involve a mediator to oversee the negotiations. The neutral party will help you resolve the issue satisfactorily.

The case will proceed to trial if you fail to settle amicably. Both parties need to get their attorneys and prepare to argue their case. Each party must present its proof and witnesses. 

The court will use the applicable laws to pass its verdict. If children are involved, the court will prioritize their interests.

Final Thoughts

If you’re considering divorce in Texas, it’s crucial to seek counsel from a qualified family law attorney to navigate the complex legal procedures. The process is complex and demanding, but a reputable attorney can help simplify it and achieve the desired outcome.