The Divorce Process

To begin the divorce process in Texas, a petition for divorce must be filed. The following information is contained in the petition:

  • Identifies the parties and children;
  • Jurisdictional statement;
  • Requests custody
  • Asks the court to divide the community property

The party that files the petition is called the petitioner. The petitioner’s spouse is called the respondent. After the respondent is legally notified of the divorce petition, the respondent must file an answer. If the respondent fails to file an answer the court may file a default judgment.

During the divorce process a standing order prohibiting acts that would be harmful to the persons, property and pets involved is binding in the petitioner and the respondent. In addition to the standing order, temporary custody of minor children and temporary support will be heard before the court. These temporary orders will be vacated once a Final Decree of Divorce is entered.

If the parties to the divorce agree on all issues, the Court can enter a Final Decree of Divorce after sixty days from the date the petition was filed. If the parties cannot agree, the Court will order mediation. The goal of mediation is to enter into a binding mediated settlement agreement.

If mediation is not successful, the divorce will be set for trial. The jury will only hear issues regarding primary custody of minor children and the characterization of community property and separate property. All other outstanding issues will be determined by the presiding judge. Once the Court rules following a trial, the Final Divorce Decree is entered and the divorce is final.

Do not delay in contacting the Law Office of Samuel Solodar at (512) 375-0321. Your attorney consultation is 100% free.