The divorce process includes a number of different steps from start to finish. A divorce begins with the filing of a petition, followed by a response. A divorce is then finalized with a final divorce decree. However, in between the initial petition and final decree, common steps also include temporary orders, negotiation and trial.
Generally, the divorce process lasts about one year from start to finish, but can last as little as 61 days in Texas. This is because Texas requires a minimum 60 day waiting period before any divorce can be finalized.
This is only an average. If prior agreements are not reached or there are disagreements along the way, the divorce process may exceed a year in some cases. Let’s review the steps involved in the divorce process.
Filing for Divorce
The first step in the divorce process is filing for divorce. This is also known as a petition for divorce. Even if both spouses agree on the terms they want in a divorce and are amicable, one spouse still needs to file this petition in order for a divorce to take place.
The petition for divorce is legal document that is filed with the court and includes the following information:
- Both spouses names and addresses
- The date of the marriage
- The city and state where the spouses were married
- Children’s names (if any) and their addresses
- The length of time you have lived in your current state
- The county that the divorce is being filed in
- If there are any grounds for divorce (reasons for divorce). Texas offers the option for “no fault divorce.”
- Specific requests on finances, property, custody and schedules of visitation
Service of Process
Service of Process is the procedure where the person filing for divorce gives appropriate notice of initial legal action to the other party (i.e giving legal notice the other spouse involved in the divorce). Many times, this service of process goes directly through the other spouse’s attorney.
Temporary Orders Issued by Judge
In many divorce cases, a judge will issue what is called temporary orders. Essentially, these are orders from the court that say what you need to do until the divorce is finalized. Temporary orders cover various instructions relating to:
- Who will have child custody
- Child visitation schedules
- If and how much spousal support will be needed
- Who will live in the primary home
- How bills will be paid between the spouses
Response to the Petition for Divorce
When the petition for divorce is filed in the divorce process, the other spouse will have the right to respond to the petition. This is where the other spouse can disagree with terms in the petition relating to custody, child support and how assets will be divided. However, if there is no disagreement and both parties can come to an agreement, then the divorce will become an uncontested divorce. This is the fastest and lowest cost option, however many times, spouses simply do not agree on the initial proposed terms.
In this case, the divorce would become contested and could take more time to finalize as it will require negotiation and possibly mediation.
Negotiation and Mediation
In the event of a contested divorce, the two spouses will need to enter into a period of negotiation to work out the terms. This is where a judge may schedule meetings or mediation. Mediation is where the two parties will negotiate with a neutral third-party facilitator to even the playing field. Mediation is also known as an alternative dispute resolution (ADR).
In addition to negotiation and mediation, a judge may also order parental evaluations or other means to determine custody and how assets should be divided among the parties involved in the divorce.
Trial and Divorce Court
In the event an agreement cannot be made from negotiation and mediation, the next step is divorce court. At this point, expect the divorce process to take longer and become more costly. Along with increased length and expenses, the outcome may also become a bit more unpredictable since it is now up to a judge to make the call. It is highly recommended to hire an experienced family lawyer before this point to ensure you can receive the best possible outcome.
The Final Divorce Decree
At the finalization of a divorce, a divorce decree is issued. This is a legal document from the court that makes the divorce official. It is not common to have changes to the final decree, however there are exceptions if circumstances change such as financial status or issues with custody and spousal support.
Ease the Divorce Process
Divorce is rarely simple. We understand that. But we are also here to help. Sometimes navigating all of the legal complexities of divorce can be overwhelming and exhausting when all you want is a clean end. At our firm, you can expect a team of devoted legal professionals who truly care about your well-being and outcome. Let us know how we can help. Contact us for a consultation and let us help you achieve the best possible result in your unique case.