The decision to get a divorce is never easy. But once it’s made, the next step is to file. But what exactly does this mean? What are the steps to filing for divorce?
Filing for divorce is a big decision and often a difficult time in the lives of those who must go through it. It can also be financially, emotionally and legally complicated. The best thing to do is to contact your attorney to assist you with the process before you file to ensure you have the best possible chance at success during this time in your life.
Attorneys are familiar with each state's family law requirements, and will know the necessary steps to take for your particular situation. Our dedicated legal team at Ashmore & Ashmore Law Firm can help you prepare, file, and complete all of the necessary forms with minimal stress, thus ensuring that your divorce is handled quickly and correctly.
The general steps typically include the following:
Filing the Petition
The original petition for divorce in Texas is a document that is filed with the court to start the divorce process. It is also known as the “petition for dissolution of marriage.”
Legal Notice
While simply notifying your spouse of the divorce filing in a conversation or in writing is actual notice of the divorce, it is not the same as a legal notice. Legal notice to your spouse is required and it is frequently accomplished by either A Waiver of Service or Service of Citation.
Mediation/Hearing
A petition for divorce generally will require at least one hearing to make a final decision on all of the issues in the divorce, such as property and debt distribution, and child custody arrangements, among others. During the hearing, the parties present evidence to the court on their behalf.
Final Decree
Once the issues are all decided, the final divorce decree is signed. Getting to this step can take months or take very little time if the situation is amicable. However, it’s important to note that many states require a waiting period before a divorce decree is signed, Texas has a 60 day period.