How Does the Divorce Process in Texas Work?
A divorce in Texas is no easy task, but understanding the fundamentals can help you navigate the process more effectively.
“Texas has a few regulations regarding residency, such as who the child winds up with, and where the child resides. You are also working through an entire process: forms, waiting, maybe a court battle, and a nasty dose of legalese you did not need,”says Texas family lawyer Matt Towson of Towson Law Firm, PLLC.
If you are considering divorce or would like to understand the process, this guide breaks down the entire procedure into manageable steps to prepare you for what you can expect in Texas.
Filing a Petition for Divorce in Texas
If you have reached the point where you want to pull the plug, you need to begin by filing a divorce petition. It is your golden ticket that initiates everything legally. You take the petition to the courthouse in the county in which you, or your soon-to-be former spouse, reside.
Texas does not care about your reasons. If you just want out because you have had enough, you can do your “no-fault” divorce, which is easy. If your spouse was cheating on you, or something totally crazy, you can go for “fault divorce.” Usually, that little piece of information can make a significant difference in who gets what or who pays whom when money and property are involved.
Service of Divorce Papers in Texas
Once you have filed your divorce petition, you must then serve the opposing party. You cannot serve your soon-to-be-ex over dinner. You need to have someone perform this task, such as a process server, sheriff, or even a constable.
After the petition has been served, they have up to 20 days to respond. In the unlikely event they ghost you or they will not sign the forms, it is within the court’s rights to do it all in their absence and give judgment in your favor in default. But if they insist on fighting it, get ready, because it is about to get nasty.
Pre-Trial Steps in a Texas Divorce
Once your attorney and you determine a hypothesis regarding what is occurring, then you are in the pre-trial jungle. Pre-trial begins with discovery, where you exchange information, such as bank statements, property inventories, and potentially even those dubious deals.
Then there is mediation. Here, a neutral third party will attempt to calm you and the other person down, helping you settle the issue between yourselves. Most people settle here. No one wants to pay attorneys for a silly fight.
But if you are stubborn (or merely unlucky), then short-term solutions can be ordered by the judge, who gets the house, who pays what, whose parent has to deal with this month’s science project; just enough to get a little bit of peace before you go off to court.
Divorce Trial
And if that cannot be settled, your divorce is sent to trial. And that is where courtroom drama starts. You and your soon-to-be-ex-husband/wife present evidence, witnesses, and make your argument in front of a judge, and potentially a jury, although jury trials are not as prevalent.
The judge rules over everything: money, which both spouses wish to control, and any accusations of fault within their relationship. It becomes costly and stressful, and individuals try to avoid this process unless absolutely necessary.
Economic Blunders Minimized with a Lawyer
Attempting to do it yourself is a headache waiting to occur and will likely result in a skinnier wallet. Not to mention the likelihood of losing deadlines, getting paperwork wrong, or flat-out miscalculating the value of their belongings. A seasoned divorce attorney, particularly one well-versed in Texas family law, will save you that headache.
Do not pick the first lawyer whose name you search on Google. Check out their ratings, ensure they clearly state their pricing, and have your questions answered during the consultation. You need an attorney who understands your case and treats you as a person.
