Disclaimer: No two divorces are alike. Divorces are as different as people. Consequently, the process may vary and the procedures may vary from one client to the next. The following text is a generalized attempt to enable you to have some idea of the divorce process whether it is simplified or more complex. Your case may vary. There is no substitute for specific advice regarding your situation, so please do not hesitate to contact our Law Firm for guidance.
Client/Attorney Informational Meeting:
A client will enter the attorney’s office and they will gather information necessary to begin and end the divorce.
Divorce Petition & Filing Fee:
The attorney will draft an original petition for divorce with the county and pay the filing fee. Texas law requires a mandatory 60 day waiting period from date of filing before you may finalize the divorce.
During this waiting period, other documents are drafted such as a waiver of citation, a final decree of divorce, documents to transfer title to real estate, documents to transfer titles to cars, employers order to withhold child support, qualified domestic relations orders, inventory and appraisements, any discovery documents needed or any other document your particular divorce calls for.
Client/Attorney Approval & Approval of Spouse:
After all the information the attorney needs is reviewed and incorporated into your legal documents, then you and the attorney may review the paperwork. Changes may or may not be made. Upon approval by the client and the attorney, then the documents are sent to your spouses’ attorney for their review and approval.
Typically, the other side may want to modify or change some terms. If there are changes made then you and the attorney will approve the changes or not.
Signatures to Finalize Documents:
If you approve the changes then all the documents are signed by the attorneys and the clients.
Court Date Scheduled:
A court date is scheduled after the waiting period.
Court Date Appearance:
In an agreed divorce, there is typically one attorney and one client who make the actual court appearance to finalize the divorce. The other party does not have to be there but may choose to be there.
Upon the judge’s signature on the final decree you are divorced. The assumption is no party will file a motion for new trial within the following thirty days.
This page is intended for general informational purposes only. Please be sure to consult with your attorney for any and all steps and details that need to be addressed in your particular situation. If you do not have an attorney, please contact Randy Essenburg for a consultation meeting so that you can be protected, advised, and guided appropriately.