The Divorce Process
A civilian (non-military) divorce general looks like this in Texas.
The Divorce Process
Consult an Attorney
Although this is not required, you may not know enough to represent and advocate for yourself as good as you deserve. Having an attorney can help you make sure you do everything swiftly and properly when seeking to end a marriage. If you are looking up how to divorce online, you might not know enough to proceed confidently alone. Additionally, during this emotional time, you may not be getting enough sleep to think clearly.
File for Divorce
Even if both parties want a divorce, one of them must file for divorce to get the process started.
When filing, you must provide:
- A statement claiming you or your spouse meet the residency requirements (6 months in Texas and 90 days in the county where you are filing).
- The reason for divorce, no fault, or fault: abandonment, adultery, confinement in a mental hospital, cruelty, felony conviction, or separation (minimum 3 years living apart) . The reason for divorce can affect your alimony or division of assets outcome.
Once you file, you must wait another 60 days before you can get divorced.
Serve Divorce Papers
The petitioner for divorce must formally inform their spouse that they are seeking divorce by serving them with a copy of the of the divorce petition. If the spouses are on good terms, the petitioner can skip hiring a court-servant, and instead ask the spouse sign a Waiver of Formal Service. If both of those method fail and you can't find your spouse, you can request court permission allowing for posting divorce notice to a local newspaper, or equivalent.
After you have informed your spouse, you will have to document that you have informed them, allowing your case to proceed.
Wait for Your Spouse's Answer
After informing your spouse, they will have time to respond. They will be entitled to all court proceeding and may even file a counter petition for divorce.
Temporary Orders - Optional
Temporary Orders can be sought for spousal maintenance and asset maintenance while a possibly lengthy divorce process takes place. This can instruct the other party to not sell shared items, like a car, or to keep reasonably providing monetary support to another.
Mediation - Optional
It can save you time and money if you and your spouse can mediate divorce terms outside of the court. The family judge may even request this. If possible, you can agree to property division, child custody arrangements, an alimony through mediation.
Agreement Incident to Divorce (AID) - Optional
This document is typically draft by the two people getting divorced, with the assistance of a lawyer, and is consensually signed by both parties. This differs from a mediation agreement, as there is no mediator facilitating dialog between the two parties and a mediated agreement cannot be revised once signed and cannot be revoked. The document can contain much of the same information as decided in an open-court divorce agreement (such as child support, spousal support, division of property & debts), however this specific document is kept private.
Prove-up Hearings
- You will provide evidence and testimony for your divorce request.
- Account for and Divide Community Property & Debt.
Prepare for the Final Divorce Decree
You may have to work with your lawyer to negotiate the terms of your divorce that you are willing to agree to. This can be a quick process, or take some time if many topics are contested.
Final Hearing & Final Divorce Decree
Attend the final hearing, and have the judge sign the final terms of the divorce.
If you reached an agreement with your spouse, the final hearing may be fairly brief.
If there is no agreement, there may be a bench trial (judge-only, no jury), or a jury trial.
Whatever is resulted from the hearing will be incorporated into the final divorce decree. Once the judge signs it, the divorce is complete. You will have to file the final divorce decree with the clerk's office.
Freedom
You are set to enjoy your freedom and can make independent decisions now. You may want to update your will at this time.