Filing a Divorce in Texas

dallas divorce lawyerJust the thought of divorce causes a wide range of emotions. Fear of the unknown seems to top the list. As with any major decision, information is power. Getting information on the process and what to expect can calm that fear. Our experienced divorce attorneys can evaluate your situation and help you make informed decisions. We begin with a consultation, to learn about your family and relationship, so that we can individualize your divorce process to fit your unique situation.

While there are contested and uncontested divorces, you are absolutely entitled to a divorce if you decide that you want one. Your spouse cannot keep you from getting a divorce.

Whether a divorce is contested or uncontested refers to whether or not you and your spouse have reached agreements to the terms of the divorce, such as division of property and debts and an agreed parenting plan providing for possession, access and support of the children. If you have reached agreements then you have an uncontested divorce and the process can be streamlined. If you do not have agreements then you have a contested divorce and we can help you with the negotiations, mediation and, if need be, trial of your case to the court.

The process of divorce is designed to help you reach agreements as to the terms of the divorce or prepare for trial so that the judge can order the terms of the divorce. While we strive to help our clients reach agreements outside of the court, we are always preparing for trial if negotiations fail. It is our goal to get you through the process as efficiently and painlessly as possible. We are with you every step of the way.

Why Hire A Dallas Divorce Lawyer

We have been helping our clients in the Dallas metroplex to make informed decisions for over twenty years. To meet with one of our experienced Dallas divorce attorneys and get the information you need to make decisions contact us at 214-265-7630 today for a consultation.

The Process of Filing for Divorce

It can be very difficult to go through a divorce. The process can be confusing and very emotional. It is important to work with someone that knows the law and has your best interests in mind. When you try to file a divorce petition on your own, you are accountable for identifying assets and dividing property, negotiating support and even figuring out the custody of your children.

There is a lot of misinformation about the process of filing for divorce. There is no such thing as an online divorce. All divorces in Texas are lawsuits. The following graph demonstrates the process:



Petition for Divorce – The document that starts the divorce proceedings with the court.  All divorces must file a Petition.  There is no such thing as an online divorce.  The Petition tells the court who the parties are, what the issues are and what the party wants the court to do.

Counter Petition – This document is the same as a Petition for Divorce but is the responding spouse’s counter request for a divorce, what that party believes the issues to be and what that party wants the court to do.

Response – This document is the response of the responding spouse to the Petition for Divorce.  If this pleading is not filed, the spouse that filed the Petition can obtain a default judgment against the non-responding spouse and can obtain a divorce on any terms the Petitioning spouse requests.

Temporary Orders – These are court orders that act like a band-aid to help while the case is pending.  They can include things like who drives what car, who lives in the marital residence, who pays what bills, with whom the children live, when the children visit with the other parent, how much child support is paid, whether there is spousal support paid, etc.

Discovery – This is the process for making the other spouse disclose documents and information with regard to the issues in the divorce.  Sometimes one party has more access to this information than the other.  This process lets both parties have equal access to the information necessary to properly divide assets and debt and determine issues related to the children.

Decree of Divorce – This is the document that finally disposes of all the issues in the divorce.  It divides property and, if there are children, it includes the parenting plan.

Parenting Plan – This is included in the Decree of Divorce and lists the agreements and/or court orders that provide for the possession of the children, visitation with the children, rights and duties with regard to the children for each parent, and the support of the children.  It can contain provisions for passport and international travel, and even activities or counseling for the children.