Melanie K. Morgan Divorce Law Blog on Lawyers.com

What are the steps of obtaining a
divorce in Texas?

Every divorce is different, but every divorce in Texas must
follow a basic process:

1)      Filing of a petition.  This is the document that starts the legal
process of divorce.  The party who files
the petition is called the “Petitioner.” 
The other party is called the “Respondent.”  It doesn’t matter who files first.  Everyone’s property and parental rights
remain the same, whether you’re the Petitioner or Respondent.  The
petition must be on file for 60 days before the divorce can be final.

2)      Service of process on the Respondent.  The other party has to know that the petition
has been filed, and the court has to know that they received a copy.  There are three ways to accomplish this:

a.      
Formal
service of process.  A constable or private process server finds
the Respondent, hands him or her a copy of the petition, then reports back to
the court that he has done so. 

b.     
Waiver of
service.  The Petitioner or attorney
delivers a copy of the petition to the Respondent, in person or by mail.  The Respondent signs a document called a “Waiver
of Service of Process” in front of a notary, and returns the form to the
Petitioner.  The Petitioner’s attorney
files the document with the court.

c.      
Filing of
an answer.  If the Respondent hires
an attorney, the attorney will usually just file an answer with the court,
indicating that they have received the petition and are “making an appearance”
with the court. 

3)      Issuance of standing order.  Most counties in north Texas have what
are called “standing orders” that apply to all family law cases.  This order is attached to the petition and applies
to both parties as soon as the case is filed. 
Basically, the order requires everyone to act like grownups.  It prohibits hiding property, interfering
with the children, verbal and physical abuse, and other bad behavior that
people going through divorce tend to engage in. 

4)      Temporary Orders.  Many divorce cases require what are called “temporary
orders,” which are orders that apply while the divorce is pending.   Many attorneys include a request for
temporary orders in the petition. 
Usually, the courts are able to hold a hearing on temporary orders
within a short time (two to three weeks) after the petition is filed.  These hearings are usually short (in Collin
County, temporary orders hearings are limited to twenty minutes for each side),
and cover issues such as where the children will live, who will stay in the
home, and child support. 

5)      Information-gathering.  The next step is to gather information.  This can be done informally, by both parties
providing all the information requested by the other side, or formally, through
a legal process called “discovery.”  Each
party sends the other party lists of questions, called “interrogatories,” and requests
to produce documents.  The attorneys may request
a “deposition,” which is an opportunity to question the other party in person,
under oath and with a court reporter present. 
If children are involved and there is a dispute over possession or
conservatorship, then the parties may have to pay for a “social study.”  An expert, usually a social worker or
psychologist, will visit both homes, interview the adults and children, and
provide a report to the attorneys and the judge.  If a family business is involved, the parties
may have to hire a business evaluator to determine the value of the
entity.  Tax, real estate, or financial
professionals may need to be consulted to help determine the appropriate
division of the property.

6)      Resolution of Issues.  Usually, the parties agree on many issues,
but still have some problems they can’t resolve.  There are several ways such differences are
resolved in divorce cases:

a.      
Informal
settlement discussions.  The
attorneys or the parties may write letters, exchange e-mails, talk on the phone,
or meet in person to resolve the issues. 
This is how the vast majority of divorce settlements are reached. 

b.      Mediation. 
The parties and their attorneys sit down with a neutral third party
who helps them identify the points of agreement and disagreement and come to a
resolution.  The mediator does not make
decisions; the parties retain control of the process and any agreement.   Ideally, a mediation results in a “mediated
settlement agreement” which resolves all issues in the divorce.

c.       Judicial hearing.  If the parties and their attorneys are not
able to reach an agreement on one or more issues, then either party may request
a hearing or trial in front of the judge (or in some cases, a jury).  This is a formal process where evidence is
presented, witnesses testify under oath, and the judge makes a decision which
is binding on both parties. 

7)     
Preparation
of a Final Decree.  Most divorce
cases end when the parties have finally agreed on all issues, or when the judge
has ruled on the issues they could not resolve. 
These terms are written up in a document called a “decree.”  It contains many provisions that are required
by statute, as well as the terms the parties have agreed to.  Final decrees can be very long, as they
detail the parties’ rights and duties regarding the children, the possession schedule,
and disposition of all property. 

8)     
Prove
up.  If the Decree is agreed to without
a trial, then one party still needs to appear in front of the judge to “prove
up” the divorce.  A prove-up is essentially
a very short trial, with one witness who confirms that the Decree contains the
agreement of the parties.  The court
grants the divorce, signs the decree (which then becomes the order of the
court), and the divorce is final. 

9)      Post-divorce matters.  After the decree is signed, there are
usually some other matters to be handled. 
If there is child support ordered, an account is set up with the Child
Support Division of the Office of the Attorney General (OAG).  If a retirement account, such as a 401K, was
divided, the parties must obtain a “Qualified Domestic Relations Order” (QDRO)
to send to the plan administrator.  If
there was a transfer of real estate, the deed must be filed with the county
clerk.

There are many other twists and
turns a divorce can take.  Sometimes
restraining orders are necessary to prevent destruction of property or family
violence.  Sometimes the parties may have
more than one hearing to determine issues involving the children or property. In
a Collaborative Divorce, the information-gathering and issue-resolution steps
look very different.  But this is the
basic legal process of getting divorced in Texas.