The Texas Divorce Process

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Family Law Attorney Explains the Divorce Process in Texas

The choice to end a marriage is not an easy one, but it is often the best solution for couples whose relationships have broken down beyond repair. However, legally terminating a marriage will involve a variety of complex issues, and couples will need to understand the procedures that will be followed and the decisions that they will need to make. To ensure that the divorce process can be completed successfully, it is crucial for a spouse to secure representation from a skilled family law attorney. An experienced lawyer can explain the steps that will be followed during the divorce process while offering advice on how to resolve legal issues effectively and providing representation during legal proceedings.

years of experience in divorce and family law cases

At Clark Law Group, we have years of experience representing clients in divorce and family law cases. We understand the complex legal and financial issues that can affect divorcing spouses, and we are dedicated to advocating for our clients to ensure that they can reach positive outcomes to their cases. We can answer any questions you may have about the divorce process, and we will make sure you understand your rights and are prepared to address any concerns that may arise.

Steps in the Texas Divorce Process

Each divorce case is unique, but dissolving a marriage will generally involve the following steps:

Filing a divorce petition – One spouse will initiate the divorce process by filing an Original Petition for Divorce with their local county court. The petition will include information about the couple, their property, and their children. It may also state certain grounds for divorce, which are the reason(s) that a spouse wishes to end their marriage. In most cases, a spouse will pursue a no-fault divorce based on the grounds of insupportability, meaning that conflicts or personality differences between spouses have caused the relationship to break down with no possibility of reconciliation. However, a spouse may specify certain fault-based grounds for divorce, including adultery, felony convictions, abandonment, or abuse or other forms of cruelty.
Serving legal notice – After one spouse files a divorce petition, the other spouse must be provided with notice. A process server or sheriff may serve divorce papers to a spouse, or the respondent may agree to sign a waiver of service acknowledging that they have received the divorce petition. The respondent will generally be required to file an answer to the divorce petition, and they may also file a counter petition that includes claims against the other spouse or requests for how certain matters should be handled.
Discovery – Once a divorce has been initiated, the spouses and their respective attorneys will gather relevant information that may play a role in the decisions that will be made during their case. This will often involve details about the couple’s finances and the property they own, as well as information about their children that may affect decisions about child custody.
Temporary orders – Spouses may attend one or more hearings in family court to address how matters will be handled while they are going through the divorce process. They may ask the judge to issue temporary orders regarding issues such as the allocation of marital property, child custody and visitation, child support, or spousal maintenance. These orders will usually remain in effect until the divorce has been finalized, although if necessary, a judge may issue temporary orders that revoke or modify orders that had previously been issued.
Settlement or trial – In an uncontested divorce, spouses will negotiate a divorce settlement that addresses all of the outstanding issues in their case. However, if they cannot reach agreements on any of these issues, a trial may need to be held. During a trial, the spouses’ attorneys will make arguments and present evidence, and witnesses may be called to provide testimony. After hearing both sides, the judge will make the final decisions about how the outstanding issues will be addressed.
Divorce decree or judgment – In an uncontested divorce, a couple will file their settlement, and after this settlement is approved by the judge, their divorce decree will be issued. In a contested divorce, a judge will issue a divorce judgment that details all of the decisions made following a trial. Once a divorce decree or judgment is issued, the couple’s marriage will be legally terminated.

Contact Our Dallas Divorce Attorney

Our lawyers can help you understand your requirements during each stage of the divorce process, and we will provide you with representation and advocate on your behalf when negotiating a settlement or resolving disputes in court. To get legal help with your case, contact us at 469-906-2266. We assist with divorce cases in Dallas, University Park, Highland Park, Park Cities, Preston Hollow, North Dallas, Lakewood, Lake Highland, Irving, Carrollton, Farmers Branch, Valley Ranch, Coppell, Garland, Mesquite, Grand Prairie, Plano, McKinney, Fort Worth, Collin County, Denton County, and Dallas County.