Skip to content 
Filing a divorce is similar to other significant goals in life. You know your current situation and your desired outcome, but the steps to get there may seem unclear. The attorneys at the Law Office of Bryan Fagan, PLLC, are here to help guide you through the process when you decide to file a divorce in Texas. While we can’t guarantee your divorce will follow these exact steps, we can outline the typical procedure to provide you with a clearer path forward.
You May Have Heard About Filing for Divorce, but What Does It Entail?
To get a divorce in Texas, one spouse must have lived in the state for at least six consecutive months before filing. Additionally, the county where you file must have been one spouse’s primary residence for at least ninety days before filing, as per jurisdiction requirements.
Once you establish the county’s jurisdiction over your case, you can start by preparing an Original Petition for Divorce. This document includes both spouses’ names, the divorce grounds, and basic information about any children.
If you believe a judge’s hearing is necessary for temporary custody or financial issues, you must request a hearing date from the court. After filing these documents in your chosen county, the court will review them. The court will then arrange to serve them to your spouse. You can hire a professional process server or request a law enforcement officer to handle this task, depending on your jurisdiction’s procedures. Verify the appropriate law enforcement agency for this service.
What Responsibilities Does My Spouse Have After I File for Divorce?
From the moment you serve your spouse with the Original Petition for Divorce, they must file their Original Answer by 10:00 a.m. on the first Monday after twenty days have passed. While this deadline may seem arbitrary, it aligns with our legal requirements for the responding party.
Assuming your spouse meets this deadline, you and your spouse will likely proceed to mediation to negotiate the issues in your case, or to a temporary orders hearing where a judge will decide on property and child-related matters.
The Law Office of Bryan Fagan Explains Discovery and What It Entails
Discovery is the process through which both parties can gather information they may not have known or had access to regarding the opposing party. This includes documents, theories of the case, potential witnesses, and admissions. Typically, these discoveries must be provided within thirty days from the date they are served. Once both sides have had the opportunity to engage in discovery, another mediation attempt is likely to occur.
Final Orders Mediation
At this stage in the case, both parties are often fatigued by the divorce process, each other, and the associated legal costs. Considering these factors, the parties and their attorneys will collaboratively select a neutral third-party attorney to mediate their case.
The mediator will arrange separate rooms, likely at their office, for each party and their respective lawyers. They will serve as an intermediary to facilitate communication of settlement offers. If all outstanding issues are resolved through mediation, the parties can avoid going to trial.
The mediator will document all agreements in a Mediated Settlement Agreement (MSA). All parties, along with their attorneys and the mediator, must sign the MSA, certifying it as the final agreement, and neither party can back out of it.
A Trial (only if necessary)
Trials are rare due to the high success rates parties experience in divorce mediation. If all issues in a case are resolved except one, the parties may proceed to trial on that particular issue. If the parties cannot reach an agreement on any issue, a full-fledged trial will be necessary, involving witness testimony and the admission of documentary evidence into the record.
Final Decree of Divorce
After either mediation or trial, one attorney will draft a Final Decree of Divorce. This document consolidates all court orders and agreements, making them official. There is typically some back-and-forth between the attorneys to refine the wording. However, once the case reaches this stage, the end is in sight.
One party, usually the petitioner, will appear with their attorney before the judge to present the Decree and answer any questions. Once the court approves the Decree, the judge will sign the document, and the parties will be officially divorced.
Final Thoughts
In conclusion, filing a divorce in Texas can feel overwhelming, but understanding the general process can help ease the uncertainty. While every divorce is unique and may have specific nuances, working with experienced attorneys at the Law Office of Bryan Fagan, PLLC, ensures that you are guided through each step. By outlining the common procedure, we aim to make the journey smoother, helping you move forward with clarity and confidence. If you’re ready to file a divorce, having the right legal support can make all the difference in achieving a fair and efficient resolution.
Get Help from The Law Office of Bryan Fagan
For more information about your specific divorce situation, please don’t hesitate to contact the Law Office of Bryan Fagan, PLLC. A consultation with one of our family law attorneys is free and can provide significant guidance as you navigate this challenging phase in your life. We proudly represent clients across Southeast Texas and would be honored to assist you and your family.
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=a3PK2HcKcL5sbjTfQ34Iw)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=0TAaIlPpzb4QWRK62HCR4g)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- How filing for divorce in a certain state can affect you
- Divorce Residency Requirements in Texas: What You Need to Know Before Filing
- Are There Any Advantages to Filing First For A Divorce In Texas?
- What is Divorce and Family Law Mediation in Spring and Houston Texas?
- 6 things You Need to Know Before You File for Divorce in Texas
- I Want a Texas Divorce but My Husband Doesn’t: What can I do?
- Can I sue my spouse’s mistress in Texas?
- 6 Tips – On How to Prepare for a Texas Divorce
- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan, PLLC | Tomball, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Tomball, TX Divorce Lawyers right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
