Blog Post #2

The 7 Basic Steps of a Divorce

Thinking about getting a divorce? Among a host of other emotions, you’re probably feeling anxious about what a divorce entails and how it might impact the next months or years of your life.  Unfortunately, it’s impossible to predict exactly what your divorce will look like because no two divorces are the same and the process can get incredibly complicated. However, there are common elements to most divorces you should know about. To hopefully give you a better understanding, we have broken the basic process of a divorce into 7 steps below.

#1. Legal Consultation

When it comes to divorce, it’s always best to obtain professional counsel. This is especially true if your divorce is “contested” (meaning you and your spouse can’t agree on the terms of separation), but is also true even if you believe you and your spouse will agree on the specifics of dividing your assets and coparenting your children.  Obtaining information from a reputable attorney early on will likely save you time, money and additional heartache during the divorce process.  Without an expert’s knowledge and advice regarding your specific situation, you are at risk of being taken advantage of by your spouse or risking property or custody rights to which you may be rightfully entitled.

#2. Filing the Original Petition for Divorce

To officially begin the divorce process, the first step is to file an Original Petition for Divorce in the appropriate county. Filing the Original Petition for Divorce starts the clock on a mandatory 60-day waiting period required by Texas Family Code Section 6.702, during which the divorce may not be finalized under most circumstances.

#3. Notifying Your Spouse

After filing the Original Petition for Divorce, you are legally obliged to notify your spouse. There are typically two ways to do this that will satisfy the notice requirement for new lawsuits: (1) hire a process server or constable to serve your spouse with the petition for divorce.  (2) get your spouse to sign a Waiver of Service, meeting the requirements set out in Texas Family Code Section 6.4035, in front of a notary. Either of these will sufficiently demonstrate to the court that your spouse was notified of the divorce.  

#4. Temporary Orders

In some divorce cases, it may be necessary to petition the court for temporary orders. Temporary orders are legal mandates that are intended to balance the rights of the parties and specify the rights and duties each party has while the divorce is pending.  For instance, they can be used to determine temporary visitation rights, child support obligations, and possession and access to certain pieces of property that were shared between spouses during the marriage. Absent agreement of the parties, obtaining temporary orders will require attending a hearing and standing before the judge presiding over your case. Luckily, not every case needs temporary orders. For those that do, however, preparation is crucial. Commonly, the ruling that the judge makes at your temporary orders hearing will create a status quo that is likely to carry forward throughout the case.

#5.  Information Gathering

One of the most burdensome parts of the divorce process can be what attorneys refer to as “discovery,” especially if you do it without a law office to help you. Discovery requests can be made by both parties.  The primary aim of these requests is to gather information from the opposing party that may be relevant for finalization of your case. Documents produced during discovery typically include things like tax returns, bank records, property information, and, in certain cases, health records and even social media. In some cases, alternative information gathering processes can be utilized to accomplish the same goals without the necessity of the same legal formalities, time and cost.  Regardless of the process used, these disclosures will likely play a large role in determining the outcome of your case and ensuring all property and debt is disclosed and awarded in a Final Decree of Divorce.

#6 Mediation

In the practice of family law, there is a strong preference for alternative dispute resolution. Mediation is the most common form of alternative dispute resolution utilized and is also the means by which the majority of divorce cases are resolved.  In fact, many counties require that parties attend a mediation prior to a final hearing in the case.  Settling your divorce in mediation is almost always preferable for both parties given the enormous financial and emotional costs that come with going to trial. Having an attorney accompany you to mediation is crucial to protecting your rights and, if applicable, your children’s rights.

#7 Final Divorce Hearing  (Trial)

If a settlement cannot be reached through mediation or other means, the case will be determined by the ruling of a judge in a final hearing. Final hearings are often times unpredictable. The only guarantee you have is that, by the time it’s all over, your pocketbook will be significantly lighter.  Whatever the judge’s final ruling may be, it will be permanent (and only certain aspects will be modifiable in the future), so your attorney and his or her team will spend hours upon hours preparing to present your best case. During a divorce trial, all of the issues that couldn’t be reconciled between you and your spouse (e.g. custody rights, child support payments, division of assets and debts, etc.) will be ruled on by the judge.

Closing Thoughts on the Divorce Process

Divorces can be messy. They are almost always emotionally taxing and often one of the most challenging hardships of a person’s life. Fortunately, there are resources that can help make the process less confusing and more manageable. If you live in the Austin area and are considering filing for divorce, call the Law Office of Kara Borchers Jones at (512) 337-5030 to schedule a preliminary consultation. Whatever path you choose to take with your divorce, we’ll make sure you start off on the right foot.