As any divorce law firm will tell a potential client beginning with the first phone call, no two Texas divorces are the same.
It is impossible to give a firm estimate on things like time frame, outcome, or other details about divorce, as each of those depends on the specifics involved in the case; however, what Texas divorce attorneys can also tell clients is that as different as each situation may be, they all involve the same basic process.
While the details affecting each divorce and the complexity of the case might differ, every divorce lawyer follows the same step-by-step legal process.
Understanding the process can many times help spouses going through it keep track of where they are in their case and what they can expect to happen next.
Step 1 - Filing And Serving
The very first part of every divorce, whether it involves a divorce attorney or not, is the filing of the petition to divorce with the family court.
Once the papers have been filed, the court will serve the papers to the other spouse to ensure their receipt, as a response to the petition is legally required.
Although the actual filing of the petition to divorce is not that difficult, divorce lawyers recommend that filing spouses discuss it with them first so that the petition is filed in the right jurisdiction and other details have been considered about the filing including the potential direction of that their divorce case.
Step 2 - The Response
Once the spouse being served receives the divorce petition, they have a certain amount of time to respond to the citation, specifically the Monday after 20 days from the date of service.
The served spouse can then either respond affirmatively for a no-fault divorce and request to negotiate a settlement once they retain a divorce attorney of their own or they can contest the divorce and begin the legal process of going to trial.
No-fault divorces are often amicable and can usually skip right to Step 4, either with arbitration or mediation, as long as each spouse agrees to be honest and willing to compromise during this part of the process.
When a spouse cannot be located or they simply ignore the papers, divorce law firms will assist their clients through some additional legal paperwork that must be submitted to attempt to contact the missing spouse, which will require additional time and slow down the process.
Once the legally required attempts have been made, the process can then continue.
Step 3 - Discovery
As with other legal cases, the discovery period is for the gathering of records and evidence that can be used by divorce lawyers to build a case for their clients.
Discovery is only necessary when the divorce is contested and will go to trial.
Step 4 - Trial, Mediation, or Arbitration
When a divorce is contested and both spouses cannot agree on the terms of separation, it must be decided in a hearing or trial in front of a judge.
After a period of discovery, so divorce attorneys can work with their clients to build a case, the judge will hear the case and review all of the presented evidence.
When the divorce is not contested, spouses can either enter into mediation to amicably negotiate the terms of their divorce or enter into arbitration as some divorce law firms may suggest, both to collectively draw up an agreement of terms that can be presented to the court for approval.
Step 5 - Judgment and Finalization
Once mediation or arbitration has produced an agreement, this document can then be presented to the court for review, modify if necessary, and ultimately have a divorce decree signed by the judge.
Cases that go to trial will undergo a final judgment hearing, after which the judge will then sign and finalize the divorce decree.
Upon the signing of the decree, the divorce process is complete.
Get Help From An Experienced Divorce Lawyer
Though the average divorce only involves five main steps, divorce attorneys advise their clients that this means little in terms of how long it will take and what the outcome is likely to be.
Simple Texas divorces that follow this legal process take a minimum of 61 days, as this is the required waiting period for finalization, with a contested divorce often taking much longer.
In either case, spouses working with an experienced divorce law firm can keep track of their process simply by knowing these five steps and what happens in each one.
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Those with questions should speak with a local divorce lawyer at Foreman Family Law who can help them in what will hopefully remain a simple road to a legal divorce.
For help with any aspect of family law, consult with the experienced and dedicated team at Foreman Family Law who guide families through difficult times – call (979) 217-6279 to set up an appointment!
