A Brief Description of the Divorce Process in the State of Texas
This page outlines seven steps in the divorce process. Each and every divorce is different, however, because each and every marriage is different. For example, not every divorce is going to need a temporary orders hearing. (Here is why: You can be divorced in Texas in as little as 60 days. If we expect the divorce to be finalized in a relatively short time, that reduces the need to spend the time and money to get temporary orders that will only be effective until the final divorce decree is signed by the judge.) Not every divorce is going to need an extensive discovery phase since sometimes both spouses already have a real good idea of what the marital assets and debts are.
You should seek the advice of an experienced attorney if you are thinking about filing for divorce. Please feel free to contact Ken Crain at 512/869-0131 to schedule a divorce consultation. I will gladly speak to you on the phone for a few minutes about your situation for no charge. If you prefer to come in to my office, I offer divorce consultations in my office for $100 for up to one hour.
Residency requirements. Before filing for divorce, one spouse must be a resident of Texas for at least six months and be a resident of the county in which he/she is filing for at least 90 days.
Step one. Filing the Petition for Divorce - The first step in any divorce is to file the Original Petition with the District Clerk of the county in which you or your spouse resides. The divorce petition will contain certain information regarding marital property, children of the marriage, the grounds for divorce, and the general requests that a party is making in the case. Sometimes the parties have reached total agreement on all issues before the petition is filed. Sometimes the parties have not even seriously discussed the serious issues of dividing up their property and what to do about child custody, child support, child visitation, etc. There is no need to wait until you have reached complete agreement with your spouse before filing a petition for divorce.
Step two. Service of Citation - (Delivering the petition to your spouse). Simple fairness and common sense (as well as the law) demands that your spouse be informed that you are seeking a divorce before a divorce can be granted by a judge. Delivering the divorce petition to your spouse can be accomplished by hiring a constable or a private process server for a fee that starts at around $60 to $75. In amicable situations, instead of paying a process server to provide a copy of the petition to your spouse, you or your attorney can provide a copy to the spouse and then you can have your spouse execute a Waiver of Service or an Original Answer. The method of serving your spouse will be determined by you and your attorney at your initial consultation depending on your individual circumstances. (If you receive a divorce petition from a process server or from your spouse, you should contact an attorney immediately so that he/she can review the divorce petition to decide how to deal with it. If you receive a divorce petition from a process server, there are deadlines for how long you have to respond or else face potentially bad consequences.)
Step three. Temporary Orders Hearing - In some circumstances, there is a need for the court to enter orders that will be binding on the parties while the divorce is pending. The most common situation that requires a Temporary Orders Hearing is when there are children involved and temporary child custody, child support, visitation, and living arrangements need to be determined as soon as possible. Temporary Orders can also set some "ground rules" which can ultimately assist in controlling assets, limiting debt, and even preventing harmful or negative conduct by the parties during the divorce.
Step four. Discovery - Discovery is the process where the parties can obtain information relevant to the divorce from the other party. Discovery is especially useful if your spouse holds financial knowledge or financial records that you do not have because he/she primarily dealt with the marital finances during the marriage. Discovery can be informal (one side asks the other side to provide copies of certain infomation and the other side complies). Discovery can be much more involved by requiring one party to provide detailed information under oath. Common discovery methods are written questions (interrogatories), preparation of inventories, production and inspection of documents, and depositions. The discovery process helps your lawyer learn more about your case, allowing for full disclosure of particular facts, such as income and liabilities of the parties, value of certain assets, and facts relevant to child custody and child support. There are a variety of ways to conduct discovery and your attorney should select the best method for your unique situation. Not every case requires the full use of the formal discovery process but that will be determined by you and the attorney depending upon your situation.
Step five. Mediation & Settlement Negotiation - After the attorneys and parties have had the opportunity to obtain the information necessary to make an informed decision about the strengths and weaknesses of the case and the issues in dispute, negotiations for final resolution of the divorce may begin. Many courts require that all parties participate in the mediation process prior to a final hearing or trial. Mediation is a process where a third party mediator facilitates a possible settlement of all (or some) issues involved in your case. Typically each party will be responsible for paying for half of the cost of the mediator (usually $200 to $300 per hour) and mediation of a family law case will typically last for 3 to 4 hours.
On occasion the parties, through their attorneys, can negotiate the case to a complete final agreement without the necessity of hiring a mediator and doing a formal mediation. For example, one of the attorneys may draft a proposed decree of divorce (approved by his client) and forward it to the other side to see if they agree to it in order to narrow the disputed issues. The proposed decree may go back and forth a couple of times to reach a complete settlement. (I have had settlement meetings where both spouses and their attorneys sat down around a dining room table with all their paperwork and successfully worked out a settlement. We turned off our cell phones and spent the time needed to settle all issues.) The negotiation and/or mediation process allows clients to determine the ultimate resolution of their case. That way you avoid the unknown outcome that is ultimately present any time a judge or jury is asked to make decisions in a case if the parties have failed to reach agreement.
Step six. Final Hearing or Trial - Most family law cases are settled by the parties before a final hearing or trial is needed. If an agreement cannot be reached between the parties, then the case will be ultimately decided by a judge or jury. The overwhelming majority of disputes in family law cases are decided by the judge of the court that the case was filed in (which is randomly determined by the district clerk at the time of filing the original petition for divorce). It is rare for an attorney to advise the client that spending the time and money to have a jury (rather than the judge) decide the disputed issues will be in the best interest of the client.
Step seven. Prove up & closing documents - After a resolution is reached, either through an agreed settlement or by court ruling, a Final Decree of Divorce must be prepared that incorporates the terms of the resolution into final legal form. Judges generally do not draft the Orders or Decrees that they sign—it is up to one of the attorneys involved to prepare a document for the judge’s signature. Once the divorce decree language is agreed upon by all parties and attorneys involved, one party and his/her attorney then attends court to "prove up" the decree to finalize the divorce. In many cases there are closing documents that must be prepared along with the final decree of divorce, such as deeds to effectuate the transfer of real estate, powers of attorney to transfer motor vehicles, and Qualified Domestic Relations Orders (QDROs) to divide retirement benefits between the parties.
Contact the Law Office of Ken Crain
My goal as your attorney will be to finalize your divorce as quickly as possible and to get the best results possible for you. I recognize that the cost of a divorce is frequently a major concern, and I will do my best to minimize your expenses while obtaining the best results we can get. I believe in being creative to resolve disputes and move cases to faster conclusions so that everyone can get on with their lives. If you are struggling with a divorce or other difficult legal problem in Williamson County or elsewhere in Central Texas, I can protect your interests and your future. Call 512-869-0131 to reach Ken Crain and schedule an appointment.
Step one. Filing the Petition for Divorce - The first step in any divorce is to file the Original Petition with the District Clerk of the county in which you or your spouse resides. The divorce petition will contain certain information regarding marital property, children of the marriage, the grounds for divorce, and the general requests that a party is making in the case. Sometimes the parties have reached total agreement on all issues before the petition is filed. Sometimes the parties have not even seriously discussed the serious issues of dividing up their property and what to do about child custody, child support, child visitation, etc. There is no need to wait until you have reached complete agreement with your spouse before filing a petition for divorce.
Step two. Service of Citation - (Delivering the petition to your spouse). Simple fairness and common sense (as well as the law) demands that your spouse be informed that you are seeking a divorce before a divorce can be granted by a judge. Delivering the divorce petition to your spouse can be accomplished by hiring a constable or a private process server for a fee that starts at around $60 to $75. In amicable situations, instead of paying a process server to provide a copy of the petition to your spouse, you or your attorney can provide a copy to the spouse and then you can have your spouse execute a Waiver of Service or an Original Answer. The method of serving your spouse will be determined by you and your attorney at your initial consultation depending on your individual circumstances. (If you receive a divorce petition from a process server or from your spouse, you should contact an attorney immediately so that he/she can review the divorce petition to decide how to deal with it. If you receive a divorce petition from a process server, there are deadlines for how long you have to respond or else face potentially bad consequences.) 
Step three. Temporary Orders Hearing - In some circumstances, there is a need for the court to enter orders that will be binding on the parties while the divorce is pending. The most common situation that requires a Temporary Orders Hearing is when there are children involved and temporary child custody, child support, visitation, and living arrangements need to be determined as soon as possible. Temporary Orders can also set some "ground rules" which can ultimately assist in controlling assets, limiting debt, and even preventing harmful or negative conduct by the parties during the divorce.
Step four. Discovery - Discovery is the process where the parties can obtain information relevant to the divorce from the other party. Discovery is especially useful if your spouse holds financial knowledge or financial records that you do not have because he/she primarily dealt with the marital finances during the marriage. Discovery can be informal (one side asks the other side to provide copies of certain infomation and the other side complies). Discovery can be much more involved by requiring one party to provide detailed information under oath. Common discovery methods are written questions (interrogatories), preparation of inventories, production and inspection of documents, and depositions. The discovery process helps your lawyer learn more about your case, allowing for full disclosure of particular facts, such as income and liabilities of the parties, value of certain assets, and facts relevant to child custody and child support. There are a variety of ways to conduct discovery and your attorney should select the best method for your unique situation. Not every case requires the full use of the formal discovery process but that will be determined by you and the attorney depending upon your situation. 
Step five. Mediation & Settlement Negotiation - After the attorneys and parties have had the opportunity to obtain the information necessary to make an informed decision about the strengths and weaknesses of the case and the issues in dispute, negotiations for final resolution of the divorce may begin. Many courts require that all parties participate in the mediation process prior to a final hearing or trial. Mediation is a process where a third party mediator facilitates a possible settlement of all (or some) issues involved in your case. Typically each party will be responsible for paying for half of the cost of the mediator (usually $200 to $300 per hour) and mediation of a family law case will typically last for 3 to 4 hours.
Step seven. Prove up & closing documents - After a resolution is reached, either through an agreed settlement or by court ruling, a Final Decree of Divorce must be prepared that incorporates the terms of the resolution into final legal form. Judges generally do not draft the Orders or Decrees that they sign—it is up to one of the attorneys involved to prepare a document for the judge’s signature. Once the divorce decree language is agreed upon by all parties and attorneys involved, one party and his/her attorney then attends court to "prove up" the decree to finalize the divorce. In many cases there are closing documents that must be prepared along with the final decree of divorce, such as deeds to effectuate the transfer of real estate, powers of attorney to transfer motor vehicles, and Qualified Domestic Relations Orders (QDROs) to divide retirement benefits between the parties.
