Divorce is the legal process of ending a marriage, and in Texas, the law outlines specific steps and requirements. While the process shares similarities with other states, understanding the nuances of Texas law is crucial. At the Law Office of David J. Rodriguez, PLLC, we guide individuals through divorce with compassion and clarity. If you’re considering divorce, call us to explore your options in a confidential consultation.
Starting the Divorce Process: Filing a Petition
Divorce begins when one spouse files an Original Petition for Divorce. This document includes basic information such as the names and addresses of both spouses, the date of marriage and separation, and details about children, property, and debts.
To file in Texas, at least one spouse must have lived in the state for six months and in the county of filing for at least 90 days. After filing, the other spouse must be legally served with the divorce papers, giving them a chance to review and respond by filing an answer.
Contested vs. Uncontested Divorce
Texas law allows both uncontested and contested divorces. If both spouses agree on major issues—like child custody, child support, spousal maintenance, and property division—the process can move quickly. These types of divorces are usually less expensive and less emotionally taxing. A signed settlement agreement is submitted to the court for final approval.
If there’s disagreement on any key issue, the divorce becomes contested. The court must step in to resolve disputes and may ultimately decide important matters after reviewing evidence at trial.
Contested Divorces: What to Expect
Contested divorces often involve a formal discovery phase, where both sides exchange information and gather evidence. In cases involving child custody, psychological evaluations may be ordered, especially if there are concerns about abuse, addiction, or a child’s best interests.
Each spouse’s attorney will prepare arguments and evidence for trial. There is no jury in family court; the judge alone will issue decisions on custody, support, and property.
Finding Common Ground
Even high-conflict divorces can move toward resolution with the right approach. Mediation can help couples work through disagreements with the guidance of a neutral third party. Attorneys may also collaborate to reduce tension and help their clients reach fair compromises.
Divorce is often a dynamic process—what you want at the beginning might change over time. That’s why it’s essential to communicate openly with your lawyer and remain open to solutions that serve your long-term goals. Many contested cases ultimately settle before trial.
Talk to a Texas Divorce Lawyer Today
It’s never too early to seek legal guidance. Whether you’re certain about divorce or still weighing your options, we’re here to help you understand your rights and next steps. Call the Law Office of David J. Rodriguez, PLLC, to schedule a confidential consultation and start building a strategy that protects your future.
