December 1, 2022  

Understanding the Texas Divorce Process

If you are in the process of getting divorced or considering it, one of the first steps is understanding the process. Divorce proceedings in Texas can be quite complicated and involve a variety of legal and emotional issues. This blog post will provide an overview of the divorce process in Texas, including filing for divorce and how to handle child custody, spousal maintenance, community property division, and other important matters.

What are Uncontested & Contested Divorces?

The first step in understanding the Texas divorce process is to know the difference between contested and uncontested divorces. An uncontested divorce is when both parties agree on all aspects of their separation, such as child custody, support, spousal maintenance, division of community property, etc. This typically results in a much shorter legal process and financial savings relative to other types of divorces. However, if there are disagreements or disputes between you and your spouse regarding any of these matters, then a contested divorce may be necessary. A contested divorce involves more negotiation and court hearings to resolve any disputes between you and your spouse regarding financial matters or child custody arrangements.

Filing for Divorce in Texas

When filing for divorce in Texas, one party must complete a petition for dissolution of marriage (also known as a "divorce petition"). This document must include information about each party's marital status, grounds for seeking a divorce (if applicable), children involved in the marriage (if any), and an assessment of each party's assets and debts. Once this form is completed, it must be served on the other party within 60 days after filing it with the court. If either party fails to respond to this document within 30 days after being served with it, a default judgment can be granted by the court without further legal proceedings.

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"When filing for divorce in Texas, one party must complete a petition for dissolution of marriage, also known as a divorce petition."

Child Custody & Spousal Maintenance 

The next step in understanding the Texas divorce process involves addressing issues related to any minor children who are involved as well as possible spousal maintenance awards that may need to be negotiated between both parties. If you have minor children from your marriage, then you will need to decide what type of custody arrangement you wish to pursue: joint legal custody (where both parents share legal rights over decisions related to their children) or sole legal custody (where only one parent has sole authority). You should also consider whether their visitation rights will be granted between children and non-custodial parents, as well as what type of child support payments would be appropriate for each situation if applicable. Additionally, if one party is requesting spousal maintenance from another, then this issue must also be addressed through negotiation between both parties before moving forward with the proceedings further.

This step involves dividing up any community property that was acquired during the marriage, such as real estate assets, bank accounts, etc.. This can either be done through negotiation between both parties directly or through mediation if necessary, where an impartial third party assists with negotiations until an agreement is reached agreeable by all sides. Additionally, other issues such as alimony payments (if applicable) also need to be resolved at this stage before proceeding further if applicable.

During Hearings 

Once all required documents have been filed with respective courts, then hearings can officially begin – either through settlement negotiations or trial proceedings, depending on what type of hearing has been requested by the parties involved or mandated by the presiding judge(s). During this time, both parties will need someone representing their interests, whether that’s through legal counsel from attorneys or other mediators who specialize in family law-related matters such as those involving child custody disputes etc.… During hearings, agreements can range from who gets what possessions/assets upon dissolution -– ranging from homes/cars/jewelry, etc --– all way down to details regarding visitation rights/interactions/activities that parents may partake in when spending time with minor-aged children post-divorce, etc… No matter what type agreement is reached among parties involved –– at the end of the day –– agreed upon terms must still go through judge(s) overseeing case before becoming legally binding aka “finalized” according to permission granted under state laws regulating marriages within respective jurisdiction.

 Finalizing the Divorce Decree and Other Matters 

Once all negotiations have been completed and agreed upon by both parties, then it is time for formal paperwork such as the Final Decree Of Divorce (FDOD), which terminates all marital ties legally between former spouses along with other paperwork related to various agreements made during negotiations regarding the division of property/assets/debts, etc.. After all paperwork has been signed off by both parties, then a judge will review everything prior to issuing a Final Decree Of Divorce, which officially terminates marital ties completely once signed off on by a judge. 

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"It’s important for couples embarking on this process to understand each step carefully so they know exactly what needs completing when going down this route instead relying on secondhand information often given out by friends, family members, etc."

Conclusion 

In conclusion understanding the process behind getting divorced in Texas can save divorcing couples time, money, stress, etc. It’s important for couples embarking on this process to understand each step carefully so they know exactly what needs completing when going down this route instead relying on secondhand information often given out by friends, family members, etc. It’s optimal to speak with an experienced family law attorney who can help walk through the entire process carefully while answering questions accordingly, making sure everything goes smoothly while existing rights remain intact.

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AILEEN LIGOT DIZON

Aileen is an experienced Texas Divorce Attorney. She is the founder and managing partner of Ligot Dizon Law Firm, P.C. She handles immigration, estate planning, divorce, and related family law matters.