Respondent's Answer

The Respondent spouse files an Answer to the Original Petition with the District Clerk's office with their counter request to the court for the divide the major areas of Children, Property, Retirement, Wills etc.

Original Petition for Divorce

One spouse files an Original Petition of Divorce with the District Clerk's office stating that you want a divorce and how you request the court divide the major areas of Children, Property, Retirement, Wills etc.

  • Children - 'We have none' OR who will be primary
  • Property - 'We have none' or who gets primary residence, separate properties, vehicles etc.

Waiver of Service for Divorce

Service is the way in which your spouse is 'informed' that the legal divorce process has been initiated with the District Clerk. An officer of the Court will 'serve' a spouse with a copy of the Original Petition. In Uncontested Divorces, the spouse is already more than aware of the impending legal divorce and is usually willing to waive this service by signing a Waiver of Service

Temporary Orders

This is a hearing in which both parties come together to determine what is agreeable for the temporary interim time prior to the signing of a Final Decree

Original Petition

One spouse files an Original Petition of Divorce with the District Clerk's office stating that you want a divorce and the major areas agreed upon:

  • Children - 'We have none' OR who will be primary
  • Property - 'We have none' or who gets primary residence, separate properties, vehicles etc.

Party Negotiations

Final Decrees are to be signed by both parties. It can take time to reach an agreement. Private Mediation is one way to move the process forward. If common agreement can not be reached, the Court may intervene to determine terms.

There are two possible routes for a Texas divorce;

Contested and Uncontested

Final Divorce Decree

Final Divorce Decree solidifies the legal terms on which the marriage has been dissolved. It is, however, a living document that can be altered depending on circumstances.

Below is a brief outline of the typical steps leading to the finalization of an Uncontested and Contested divorce. Of course, circumstances vary for each specific situation and timelines may alter.

Contested

Waiting Period

Texas requires a 60 day waiting period before a Final Divorce Decree can be signed by the court

Uncontested, simply means 'no fighting'. The four areas of consideration (Children, Property, Retirement, Wills) are all agreed upon.

Contested Divorces are situations in which there is dispute in one or more of the major areas (Children, Property, Retirement, Wills). This is a much longer and more involved process due to the necessary involvement of several other parties.

Final Divorce Decree

Final Divorce Decree solidifies the legal terms on which the marriage has been dissolved. It is, however, a living document that can be altered depending on circumstances.

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Uncontested