Divorce can feel overwhelming when you do not know what comes next. While every Texas divorce is different, many cases follow a general roadmap that includes filing, service, temporary orders, discovery, mediation, and finalizing the divorce.
The Ashmore Law Firm, P.C. created this Texas Divorce Flowchart to help individuals and families understand the major stages that may occur during the divorce process. Some steps are optional, some may not apply in every case, and the order can vary depending on the county, the issues involved, and whether the divorce is contested or uncontested.
Step 1: Initial Pleadings Are Filed
A divorce usually begins when one spouse files an Original Petition for Divorce. Depending on the circumstances, additional pleadings may also be filed, such as a Temporary Restraining Order or a Notice of Hearing for Temporary Orders.
After the case is filed, the court and case are assigned. This begins the formal divorce process.
Step 2: The Respondent Is Served
The other spouse, known as the Respondent, must receive legal notice of the divorce. This may happen through a Waiver of Citation if the Respondent is willing to waive formal service, or through service by a process server.
This step is important because it gives the Respondent notice that a divorce case has been filed.
Step 3: Temporary Orders May Be Needed
Temporary orders can address important issues while the divorce is pending. These may include child custody, child support, possession schedules, who stays in the home, payment of bills, use of property, and temporary spousal support.
Some cases resolve temporary issues through mediation. If the parties cannot agree, the court may hold a temporary orders hearing.
Step 4: Discovery and Document Exchange
Discovery is the information-gathering phase of a divorce. This may include exchanging financial records, completing an inventory and appraisement, providing a financial information statement, and producing documents related to assets, debts, income, business interests, retirement accounts, and other relevant issues.
Discovery is especially important in complex divorce, high-net-worth divorce, business ownership cases, real estate disputes, and cases involving separate and community property questions.
Step 5: Preparing for Final Resolution
Many Texas divorce cases go to mediation before a final agreement or trial. If the parties reach an agreement, the terms are put into a final decree of divorce and presented to the court for approval.
If the parties do not reach an agreement, the case may move toward a pretrial date and then a trial date. After the court makes decisions, the final decree of divorce is completed and signed.
Why a Divorce Roadmap Helps
A flowchart cannot predict exactly what will happen in your case, but it can help you understand the general process. Divorce can involve legal, financial, parenting, and emotional decisions that may affect your future for years to come.
The Ashmore Law Firm, P.C. helps clients in Dallas and throughout North Texas navigate divorce, child custody, property division, temporary orders, mediation, complex divorce, and high-net-worth family law matters.
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