In filing for a divorce in Texas, the procedure can either be as taxing or as civil as possible. As a potential Petitioner, you are impelled to undergo certain phases other than entering the actual court room. Here is a basic rundown of the steps that you might have to go through in a typical legal procedure under Texas Law.
First and foremost, you need to make sure that one of the spouses has been continuously residing in the State of Texas for at least six months.
- Once you are fully set in your decision, as a Petitioner, you will file an Original Petition for Divorce, wherein the papers will be served to the other side of the party. If the divorce is a mutual agreement, the Respondent can waiver his/her rights in having the papers personally served.
- Both parties can then request for a Temporary Restraining Order (TRO) for various reasons. Once a TRO is issued, the court must then schedule a hearing within 14 days of the issuance. If there is none, the Responded is set to submit an Answer within 20 days.
- The next step then involves data gathering for both parties, which then proceeds to exchanging of information and documents.
- The spouses are to discuss a settlement through mediators, authorized representatives, or lawyers. There are two options that this will proceed: either the two parties agree on a settlement, leading to an Agreed Decree of Divorce, or there is no settlement, heading to a trial date.
- Before the actual trial, you and the other party need to go through one last mediation, wherein a third party mediator will try to work on a possible settlement to avoid the entire trial process. If both parties are no longer amicable to settle, then everyone steps into the court.
There is no specific time frame on how long a case will take. This will now depend on the parties involved, the evidence presented, and the complexity of the statutory grounds being claimed. Give us a call at Sherman Law Firm, P.C. for a free consultation in guiding you through the entire procedure.