Our clients tell us that prior to filing for divorce they were simply overwhelmed. From making the decision to move forward with a divorce to trying to understand the process, preparing to divorce can be quite daunting. The laws surrounding the legal divorce process in Texas create a relatively complex system, making it challenging and unadvisable to navigate on your own.
However, what you can do is to equip yourself with basic knowledge about the process itself. Here we provide an overview of a sample divorce “timeline,” the sequence of events which can typically occur in every divorce.
The Pre-Filing / Pre-Petition Phase
Before you file for divorce in Texas, it is wise to ensure you have full access to certain pieces of information. Essentially, you need to gather information and preserve a copy of:
- Tax records
- Bank statements
- Credit card statements
- Investment account statements
- Loan documents, mortgage statements
- Retirement account statements (IRA, 401(k), pension)
- Paystubs, deferred compensation plans, stock options
- Real estate purchase documents and deeds
- Employment contracts
- Tuition savings plans for your children
- Property appraisals (real estate, jewelry, art)
- Documents relating to separate property, inheritance, gifts
- Trusts
- Prenuptial agreements
As you gather these, you can start to have some sense of how much property there is to be divided.
It is wise to also give some thought to what a parenting plan may look like. Courts will always make decisions that are in the best interests of the child and that support a child’s relationship with both parents (absent abuse or other extenuating circumstances). You should begin to look at custody from that same standpoint, preparing to share time and coparent.
In other words, you can start to develop a workable game plan prior to initiating your divorce case.
Filing / Responding to the Petition for Divorce
When the time comes, as the Petitioner, you will initiate your case by filing a Petition for Divorce; in the event that your spouse files first, you will be the Respondent to your spouse’s Petition. The initial filing of a Petition is the action which formally begins a new divorce case within the Court system. This initial filing starts the legal process, providing basic personal information about the parties involved – i.e. names, dates of birth, ages, children, etc. It is important to note that Texas is a “no fault” jurisdiction, which means that the Petitioner is not required to cite a specific ground for the dissolution.
The bottom line is that the Petition is simply the initial legal document which officially starts the case, and it will contain the essential information needed to get the process going.
Temporary Orders
In many cases, the parties will enter into Temporary Orders that outline the status quo while the divorce is pending. This may include a parenting plan covering possession (or “custody”), note who stays in the marital home, limiting spending to only necessary expenses, prohibiting beneficiary changes or account “raiding”, etc. It basically freezes everything in place while the divorce process works through to a final Order.
If you and your spouse cannot agree to the Temporary Orders terms, you will have a hearing in which the Court decides for you. It is important to note that hearings can cost each of you approximately $10,000 or more, so if you and your spouse can agree to temporary terms, that will save you time, money, and the stress of appearing in Court.
Information Gathering
Full disclosure regarding all assets and liabilities is the next step. This is where all the documents and information you collected prior to initiating the divorce come in handy. Both parties are required to disclose documents from all financial accounts and regarding all assets and liabilities, whether held jointly or separately. You may be required to produce 3-7 years’ worth of documentation.
It is important to also disclose any documents that will support a claim that certain property is your separate property and not subject to division in the divorce. This can include money and assets from an inheritance, funds and property you had prior to the marriage, or gifts you’ve received at any time. Having documents that trace ownership and value are crucial to proving a separate property claim. Being able to prove that funds were not comingled with community property funds is also critical; once funds are comingled, they lose their separate property classification and are subject to division with your spouse.
Once both of you have put “all of your cards on the table” by making full disclosure, you can begin negotiations.
Develop Your Game Plan for Negotiations
You and your attorney will now identify all of the disputed elements of your case. Whatever issues are disputed in your case – marital property classification, the division of marital assets, whether you will seek shared physical custody or sole physical custody, etc. – will be the focus of developing your strategy. It is vital that you start focusing on the future you want to build, and evaluate what is really fundamental for that future and what is not. Look for areas in which you can compromise in order to get what is most important to you.
Your attorney can guide you through all the decisions that must be made and help you evaluate all of your options. They can also advise on what decisions the judge is likely to make if you cannot agree. We also have a wealth of resources and information about all aspects of a divorce that may be useful for you as you make decisions; our core mission is to equip you with everything you need to make empowered, informed decisions with clarity and confidence.
After this phase is complete, you should be able to clearly identify and articulate the issues in your case and your initial plan to resolve them. Your plan should be focused on what you need to build a foundation for your future, leaving the past behind, and creating the new life you want for yourself and your children.
Attempting Resolution Through Mediation
Mediation is a dispute resolution process which occurs outside of the courtroom, and it offers several distinct benefits as compared with traditional litigation. Mediation has a high success rate, and many Courts require you to mediate prior to setting a trial setting with the Court.
During mediation, there will be a single mediator who is selected to guide and facilitate the negotiations. Both parties will be represented by counsel who are their legal advocates throughout the process. Ultimately, the goal is to develop workable, equitable resolutions to all disputed issues without having to go to trial. It is important that you enter mediation with a mindset focused on resolution and building a foundation for your future, not one based in the past.
If you succeed and settle all disputes, you both will sign a Mediated Settlement Agreement that outlines all resolutions reached. That document will be the basis for your attorneys to prepare the final Divorce Decree for the Court to sign, making the divorce final.
If there are still outstanding issues that were not resolved at mediation, the Court will decide for you at a final trial. Hearings are expensive, and you will surrender the decisions to a judge. It’s important to, for example, decide if fighting over those “tea cups” are worth the $10,000+ it will take to have a hearing about them, or if you’re willing to give them up in order to get something else that’s truly important to the future you are building for yourself and your children.
See our other blogs about the preparing for and going through the mediation process:
Keeping Your Cool during Mediation – Dallas Divorce Attorney | Divorce Without Destruction™
Utilizing Mediation as a Divorce Strategy – Dallas Divorce Attorney | Divorce Without Destruction™
How Mediation Can Help Your Divorce – Hargrave Family Law
Final Trial in Court (“Litigation”)
Conflict is the number one driver of cost in divorce. That’s why it’s important to continuously evaluate what is truly important to you and what you may want to compromise on in the interest of keeping decision making in your hands and what you truly need for the future you envision. Any unresolved issues will have to be settled in a traditional trial setting in Court. Litigation in a divorce context closely mirrors the litigation process in any other area of law: there will be a judge, bailiffs, a traditional courtroom. The hearing will be open to the public, as will any exhibits and documents you present to the Court. You will have a limited time to present your case and submit exhibits; the opportunity to call expert witnesses, such as appraisers or financial specialists, or child care specialists; and you have the ability to testify.
One of the main things to think about if litigation occurs is simply cost: the cost of litigation can rapidly add up, from your legal team’s time to prepare, to the cost of exhibit preparation, to witness fees and expert reports. Final hearings can cost each of you from $20,000 on up depending on how many issues are in dispute, how many exhibits will be needed, and how many witnesses and experts must be called. Money spent on a hearing diminishes the amount of money left for you to split.
Another major factor of a final Court trial is the surrender of the decision-making power: you are turning over the decision to a judge who, due to time constraints, will not be as familiar with the facts of your case and will be operating from the guidelines in the Texas Family Code. Those standards and guidelines unfortunately are not a “one size fits all”, and may not be the best fit for your unique family, yet another reason to avoid Court if at all possible.
Finally, due to the overloaded Court system, a final trial can add significant delays. Beyond the financial aspect, the emotional stress can also take a toll, and the delay in reaching resolution can affect the entire family.
Obtain a Final Divorce Decree (“Resolution”)
The last step in any divorce in Texas is to obtain the final Divorce Decree Order from a judge and button up any ancillary documents needed to divide property. The Decree is an official judgment signed by a Texas judge which formally integrates all the terms and conditions derived from mediation or trial.
To avoid future conflict, all the terms of your marital dissolution should be clearly and thoroughly spelled out so that there is no ambiguity regarding how things should progress from that point forward. After your divorce, if you believe that your ex-spouse isn’t following the terms of the Decree, you will use the Divorce Decree to return to Court and ask that it be enforced. If it’s not in the Decree, the court can’t enforce it.
You may also be required to complete other ancillary documents:
- A Qualified Domestic Relations Order to divide or transfer retirement funds
- A Special Warranty Deed or Quit Claim Deed to transfer physical property such as real estate
- Powers of Attorney for vehicle transfers
- Income Withholding Order that allows employers to deduct child support or spousal maintenance from the paying spouse’s paycheck
For a more complete post-divorce checklist, including changing your name and revocation of Powers of Attorney, beneficiary changes, and/or a new Will that removes your ex-spouse, see our complimentary resource here.
What’s Next After You Legally Change Your Name?
To recap:
- Gather documents and information before you file, and start contemplating what’s important to you
- File or respond to the Petition for Divorce
- Enter Temporary Orders to set the status quo while the divorce is pending
- Disclose documents and information regarding all assets and liabilities, and identify separate property
- Attempt to resolve all issues disputes via mediation
- Resolve any and all unsettled disputes via traditional litigation in Court
- Obtain the final Divorce Decree Order and complete any needed ancillary documents
While it is important for you to gain a basic understanding of the divorce process, this is generally not sufficient for you to navigate the Texas divorce process in an optimal fashion by yourself. It is highly advisable to enlist the assistance of a qualified and skilled family law attorney to ensure you have a steadfast legal advocate to help you navigate the process, Texas law, and the Court system.
For more information on any aspect of the divorce process in Dallas, reach out to us at Hargrave Family Law today. Our highly skilled team stands ready to be your legal advocate and walk with you every step of the way. Learn about your options to start writing your next chapter with hope and clarity. We’re here to help.
