Texas Divorce Process Explained in 3 Steps

Understanding the Divorce Process: A Simplified Guide

Introduction
Divorce can feel like navigating uncharted waters. For many, the legal jargon and procedural steps can be overwhelming. In this post, we’ll demystify the divorce process and break it down into manageable steps.

What is Divorce?
At its core, divorce is the process of dividing one household into two. It involves:

1. Splitting property:
   • Each party typically retains the property they brought into the marriage.
   • Assets acquired during the marriage, such as bank accounts and other possessions, are divided.
2. Arranging child custody:
   • If there are children, agreements about living arrangements and responsibilities must be established.

Step 1: Filing a Petition for Divorce
The divorce process begins with filing an Original Petition for Divorce. This document formally requests a divorce and must be filed in the appropriate court—usually in the county where one spouse resides, provided they’ve lived there for at least 90 days and in the state for six months.

Key Points:

• There’s a filing fee involved.
• Filing the petition officially starts the legal process.

Step 2: Serving the Other Party
After filing, the other spouse must be informed of the divorce proceedings. This is called service of process.

Options for Service:

1. Formal Service: A process server delivers the petition, and proof of delivery is filed with the court.
2. Waiver of Service: The other spouse can waive formal service by signing a notarized document stating they’ve received the petition.

Without proper service, the court cannot proceed, ensuring both parties are aware of the case.

Step 3: Creating the Final Decree of Divorce
The divorce culminates in a Final Decree of Divorce, a document that legally ends the marriage. This decree outlines:

• Division of property.
• Custody arrangements and child support obligations.
• Health insurance responsibilities.
• Parenting schedules.

Who Prepares the Decree?

• The court does not draft this document.
• It’s created by the divorcing parties or their attorneys and submitted to the court for approval.

Finalizing the Divorce
There are two paths to finalize a divorce:

1. Mutual Agreement:
   • Both parties agree on terms.
   • A single party drafts the decree, both sign it, and it’s submitted for court approval.
2. Court Decision:
   • If no agreement is reached, a judge hears the case and decides.
   • The decree is then drafted to reflect the judge’s ruling and submitted for approval.

Can You Handle a Divorce Yourself?
Yes, but it can be complex. Handling the paperwork and ensuring compliance with legal standards can be daunting. Hiring an attorney often streamlines the process and ensures accuracy.

Conclusion
While every divorce is unique, understanding the basic process can make it less intimidating. Whether you’re filing on your own or with legal assistance, being informed is the first step toward a smoother resolution.

For more detailed breakdowns of divorce-related documents and scenarios, stay tuned for future posts!