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Divorce paperworks completed? That’s only the beginning. Filing those forms kicks off the official process, but it’s far from a simple handoff. The court won’t recognize your case until those documents land in the right hands and follow the right steps. Then comes the challenge of notifying your spouse, handling court fees, and preparing for temporary orders. Every move you make after filing sets the pace for how smoothly or painfully your case moves forward. If you plan to handle things on your own, you’ll need more than just paperwork—you’ll need to know exactly what happens next.
Filing for Divorce in Texas: What Happens After the Paperwork Is Ready
Once you’ve completed all required forms for your divorce, the next step is filing them with the proper court. In Texas, this means choosing between online submission or an in-person visit to the courthouse. For instance, if you live in Harris County, you’ll need to file at the courthouse located at 201 Caroline Street or use the county’s online filing system.
You could have all your documents correctly filled out, but your divorce case doesn’t officially begin until those forms are filed with the court clerk. Filing officially starts the process, not the act of preparing documents.
Court Filing Fees and Fee Waivers
Texas courts charge filing fees to start a divorce case. The cost usually falls between $250 and $350, depending on whether you’re also filing for temporary orders or requesting a citation for service. These fees apply even if you file without an attorney.
If you cannot afford the filing costs, you have the option to submit an affidavit of indigency. This form asks the court to waive the fees based on your income and financial situation. If the court approves your request, you won’t need to pay anything upfront to move your case forward.
Getting a Case Number
After you file your paperwork, the court clerk assigns your divorce a case number and court designation. You’ll see a space for these at the top of your petition, but leave those blank. The clerk will fill those out once the paperwork is officially accepted. Your petition should follow the standard template, and most people can complete it fairly quickly without needing legal help.
If you struggle to complete the initial petition or feel unsure about your paperwork, it might be time to reconsider handling the divorce without legal assistance. The process gets more technical as it moves forward. Small errors during filing can cost time, money, or both.
Court Instructions After Filing
Once your case is filed, the county may give you a handout with next steps. Read it carefully. Some counties include timelines, specific forms, or links to local resources. Following those instructions keeps your case moving and helps avoid delays.
Use any guides provided by the court and combine them with resources like this one to stay on track.
Serving Divorce Papers to Your Spouse
Filing the petition starts the process, but your spouse must receive official notice of the divorce. The process of providing this notice is called “service.” The most common method is personal service, which means a constable, sheriff, or private process server physically hands the documents to your spouse.
After being served, your spouse typically has around 20 days to respond by filing an answer. Once that answer is on record, they can receive notices of any future court dates or hearings.
If You Can’t Locate Your Spouse
Sometimes, people lose touch with their spouse. If you don’t know where your spouse lives, you can ask the court for permission to use an alternative method of service.
One option is certified mail. Before the court approves this, you must show that you’ve made a serious effort to locate and serve your spouse in person. This includes submitting an affidavit explaining your efforts and confirming the last known address. If approved, you can mail the documents, and your spouse will need to sign for them.
Responding to a Divorce Petition
Once served, your spouse must file a response called an “answer.” Most answers include a general denial of the claims in your petition. Your spouse can also file a counter-petition. This allows them to raise issues of their own and request relief, such as spousal support or a specific division of shared property.
Filing a counter-petition protects the right to make claims later. If your spouse doesn’t file one, they may lose the opportunity to raise certain issues down the road.
Temporary Orders and Hearings
Either spouse can ask the court to schedule a temporary orders hearing. This hearing sets rules for how you and your spouse will handle daily life during the divorce, especially if you have children.
Temporary orders may cover:
- Spousal support
- Child support
- Parenting schedules
- Use of the marital home or vehicles
Before a hearing takes place, many courts require you to try mediation.
Mediation Before Temporary Orders
Mediation involves you and your spouse working with a neutral third party to try to reach an agreement on the temporary terms. If you succeed, you avoid the need for a hearing.
The mediator helps both parties come up with solutions that meet everyone’s needs. Even couples with a rocky relationship often reach partial agreements during mediation. The pressure of an upcoming court date tends to encourage cooperation.
Once you reach an agreement, the mediator prepares a document called a mediated settlement agreement. You’ll still need to turn this into a formal court order.
Converting the Agreement Into Temporary Orders
The mediated settlement agreement isn’t a court order yet. One of the attorneys, or you if you’re representing yourself, must draft the official temporary orders based on what the agreement says. Everyone involved must review and sign them.
Pay close attention to the language in the proposed order. It must match what was agreed to during mediation. Don’t assume that any mistakes will get corrected later. If the judge signs off on the wrong version, you’ll have to follow it unless you can prove a problem.
Once signed and filed, these orders become part of your case record. They control how you and your spouse manage custody, finances, and shared responsibilities during the divorce process.
Life During the Temporary Orders Phase
After temporary orders go into effect, both you and your spouse will adjust to life apart. You may be sharing custody of children or learning to live alone. Take this time seriously.
Follow your possession schedule. Pay attention to how your children respond. If they mention wanting a change, make a note. Their input could help during the final phase of the case.
Avoid thinking that the final orders will look drastically different. In most cases, the final orders will closely resemble the temporary ones unless there is a major issue.
For example, if your spouse breaks the terms or puts the children at risk, that can become a reason to change the final order. Otherwise, expect the final orders to build off what the court already put in place.
Preparing for Final Orders
The final orders phase starts once both parties have adjusted to temporary arrangements. If children are involved, this stage becomes even more significant. It can bring tension, especially when deciding long-term custody or dividing property.
One important area to watch is the pick-up and drop-off schedule for the children. The arrangement must work with both of your routines. For example, promising to pick up the kids every Friday afternoon won’t make sense if you work an hour away and traffic makes that impossible. Unrealistic promises lead to violations, which can hurt your standing in court.
Work with your attorney to build a plan that’s realistic. Every detail in the final orders will matter in the months and years ahead.
Mediation for Final Orders
It helps to work with the same mediator used during temporary orders, though it’s not required. The mediator already understands your case and can offer insights based on previous sessions. You and your attorney should arrive prepared to discuss:
- Custody and parenting time
- Child support
- Division of assets and debts
- Health insurance responsibilities
- Any special needs or concerns
If you and your spouse settle everything in mediation, you can avoid a trial. That saves time, reduces stress, and gives you control over the outcome.
When Mediation Fails
If you can’t agree on all issues during mediation, the unresolved matters will go to trial. A judge will then make decisions based on what both sides present.
Mediation also serves as a test run for trial. You’ll cover the same topics and prepare in similar ways. Mediators often have experience with the local judges, so they can offer useful insights about how those judges tend to rule.
Drafting the Final Decree of Divorce
Once everything is resolved, either in mediation or trial, the final step is creating the Final Decree of Divorce. This document includes all terms you and your spouse must follow going forward.
Unlike the original petition or the answer, the final decree is detailed and lengthy. It outlines custody schedules, division of property, financial responsibilities, and more. It becomes the foundation for co-parenting and financial planning after divorce.
If you represent yourself, you must write this document in a way that meets court standards. If you don’t, the judge can reject it or ask for changes. This can cause delays or create legal issues later.
Review the decree thoroughly before signing anything. Make sure every section reflects what was decided. Mistakes here are hard to fix once the order becomes final.
Moving Forward After Divorce
Once the judge signs the final decree, your divorce becomes official. Life will continue, but many things may look different. Stay organized, communicate clearly with your co-parent, and follow the court’s instructions carefully.
Pay attention to how your children adjust. Revisit parts of the decree only when truly necessary. The court will not change final orders unless a major change occurs or someone fails to follow the terms.
Handling divorce without an attorney requires attention to detail, patience, and the ability to follow legal procedures. If you manage each step with care, you can keep the process on track and move forward with confidence.
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