For those seeking to file for a divorce in Texas, it is wise to know the procedure involved before you jump into anything. If you are being served with divorce papers, you should also have a good understanding of what lies ahead.
The procedure is as follows:
- First, one spouse must file the Original Petition for Divorce with the court. If the other spouse is not working with the one filing, they must be served divorce papers in person. Otherwise the other spouse can sign off that they are in agreement about the divorce and they do not have to be formally served.
- When the Petitioner files for divorce, they may request a Temporary Restraining Order. This requires both spouses to act civilly towards one another and does not allow either spouse to get rid of assets prior to being divided by the court.
- If the Petitioner does not request a Temporary Restraining Order, the Responded (other spouse) has 20 days plus the following Monday to file an official Answer.
- For spouses who may think that they have not uncovered all of the information that the need from one another, they can go through the process of discovery. All important documents and any other necessary information must be exchanged during this time.
- From here, the spouses will have to discuss how they want to settle the case. There are two options: either the spouses agree on all matters of their divorce and create an Agreed Decree of Divorce or a trial date is set to further discuss the case.
- Spouses are required to attend mediation before going to trail, to see if they can potentially resolve their conflicts.
- Should mediation fail, the case continues on to trial. Once the final aspects of the divorce have been settled upon, one of the attorneys involved will prepare a Final Decree of Divorce, which must be signed by the judge.
Considering Divorce? Call Mathur Law Offices, P.C. First!
As qualified Dallas divorce lawyers with extensive experience working with families throughout Texas, speak with our firm before you move forward with any legally binding decisions. Make sure your rights are protected throughout your divorce by hiring an attorney from our firm. We place our clients as our top priority, stopping at nothing to procure desired results.
Call 888-867-5191 today to get started.