Texas Divorce Procedures

When the Original Petition for Divorce is filed, the divorce procedure is initiated. This document is processed at the courthouse and further must be forwarded to the Defendant. The formal means of delivery, also called as a service, means that a private process server or a constable or a Sheriff should hand over the documents to the Defendant.

Texas Divorce Procedures regarding Temporary Orders

Temporary Orders of the court are those orders that are effective from the date the divorce is filed to the date the divorce is granted. Some of the situations determined by these orders are as follows.

• Restrictions on contact between the child and the divorcing parents
• Use and possession of property and other assets
• Spousal support
• Schedule of parental possession of the children
• Living arrangements for the children
• Production of documents
• The Filing of sworn inventories
• Payment of fees of the lawyer
• The support and custody of the children
• The payment of bills

Texas Divorce Procedure regarding Discovery

The procedure in which relevant information regarding the litigation is disclosed by one party to other is called as a Discovery. Some of the methods of this procedure are as follows.

• Request for production of documents (like credit card statements, loan documents, vehicle titles, deeds, bank account records, tax returns etc)
• Interrogatories (written questions)
• Depositions (oral testimony in the presence of a court reporter)
• Requests for disclosure (General information regarding the claims being made)

Process of Settlement

On completion of the process of discovery, both the divorcing parties must attempt to reach an agreement to solve their case. One of the methods of doing so is to attempt Mediation. In a majority of cases, direct negotiation is also observed.

A third method is known as Collaborative Law. This occurs when the divorcing partners along with their attorneys accede with each other to solve their divorce issues out of the court on a voluntary basis.

What if settlement fails?

When the divorcing partners fail to reach an agreement, they can approach the court to execute a Trial. During any Trial, relevant evidences are presented in the court. After contemplating on the divorce issues for a span of time or sometimes directly off the bench, the court makes a ruling. This ruling is declared by the Judge. However, in course of time, it must be put in written form that is called as the Decree of Divorce.

Procedure regarding fees of the lawyer

The thumb rule is that every divorcing partner must pay his or her lawyer the fees and expenses of litigation. The legal expenditure is considered as a marital debt and distributed amongst the divorcing partner in a manner identical to how debt and other property are divided. There is also a provision as per which the court may consider the facts of the case and respective financial resources and accordingly order one of the divorcing partners to disburse the fees of the lawyers, wholly or partially.

Divorce Papers