Divorce can be an overwhelming and emotionally taxing experience, but understanding the process can help alleviate some of the stress. In Texas, the divorce process involves several important steps that must be followed to ensure a legal resolution. Our attorneys at Bailey & Galyen guide you through each stage, offering support and clarity from start to finish.
Filing for Divorce
The divorce process begins when one spouse (the petitioner) files a petition for divorce with the court. This document outlines the grounds for the divorce, whether it’s a no-fault divorce or one based on fault (such as adultery or cruelty). The petition is then served to the other spouse (the respondent), who has the opportunity to respond. If both spouses agree to the divorce, the process can proceed smoothly, but if there are disagreements, the case may move to a contested divorce.
Waiting Period
Texas law requires a 60-day waiting period after the divorce petition is filed before a divorce can be finalized. This mandatory waiting period gives couples time to reconsider or attempt reconciliation. However, it also provides time for spouses to gather necessary financial documents, discuss custody arrangements, and work on an agreement.
Temporary Orders (If Necessary)
If urgent issues arise during the divorce process, either spouse can request temporary orders from the court. These orders can address child custody, visitation, temporary spousal support, and the use of property during the divorce. Temporary orders are not final, but they provide a framework until the divorce is finalized.
Discovery Process
Discovery is the phase where both spouses exchange information relevant to the divorce. This can include financial records, tax returns, property deeds, bank statements, and other important documents. In contested cases, discovery can become lengthy and may involve formal requests for information or depositions. Our team helps ensure you understand your rights during this phase and that you have the necessary information to make informed decisions.
Negotiation and Settlement
Before proceeding to trial, many divorcing couples can resolve their issues through mediation. This process allow both parties to agree on issues such as property division, child custody, and spousal maintenance, without the need for a trial. At Bailey & Galyen, we prioritize amicable resolutions that save time, reduce emotional strain, and lead to an agreed outcome.
Trial (If Necessary)
If an agreement cannot be reached through negotiation or mediation, the divorce will proceed to trial. During the trial, each spouse presents their case to the judge, who will make decisions on unresolved issues like custody, property division, and support. While most divorce cases settle before trial, we are fully prepared to advocate for your interests in court if necessary. Our experienced attorneys are committed to ensuring that your case is presented in the most effective way possible.
Finalizing the Divorce
Once all issues are resolved—either through settlement or trial—the court will issue a final decree of divorce. This decree outlines all the terms of the divorce, including custody arrangements, property division, and any spousal support or child support obligations. After the divorce is finalized, both parties must comply with the terms of the decree.
