Before reading this summary, I suggest you review my “Why Some Family Law Cases Settle Quickly and Others Turn Into Litigation: The Four Biggest Factors That Shape a Case” post that discusses the main factors that influence the steps.
Below is a general overview of what the divorce process typically looks like in Texas and some of the major steps that may be involved along the way. While this article focuses on divorce cases, the overall process is often similar in other types of family law litigation as well.
Every case is different. Some steps may occur in a different order, some cases may skip certain stages entirely, and some cases may involve additional steps not discussed below. The purpose of this article is simply to provide a general framework so you have a better understanding of what the process may look like from start to finish.
Step 1: Filing for Divorce
Every divorce starts with one spouse deciding to file. That person hires an attorney, and the attorney prepares and files the Original Petition for Divorce with the court. Filing the petition officially opens the case.
Step 2: Getting the Other Spouse Involved in the Case
There are several ways this can happen, but I will focus on the main three.
1) Waiver of Service: In more amicable divorces, the filing spouse may ask the other spouse to sign a Waiver of Service. This document acknowledges receipt of the divorce paperwork without requiring formal service by a process server. This approach is often appropriate in truly uncontested cases where there is trust between the parties and little concern that the case will become hostile.
2) Formal Service: In many cases, however, formal service is the better option. This simply means hiring a process server or constable to personally deliver the divorce papers to the other spouse. While people sometimes view formal service as aggressive, it is actually very common and often the most practical way to move the case forward.
Whether formal service is appropriate depends on the circumstances of the case. If there are concerns about conflict escalating, emotional volatility, dishonesty, or attempts to avoid the process, formal service may help establish structure and protect everyone involved. Once served, the other spouse has a deadline to file an answer with the court.
3) Appearance Through an Attorney: Sometimes a spouse will avoid formal service altogether by hiring an attorney who files an answer on their behalf. Once that happens, the court considers that spouse to have officially appeared in the case.
Step 3: Temporary Orders: Establishing Rules While the Divorce Is Pending
After both parties are involved in the case, the next major step may be temporary orders. Temporary orders are essentially short-term rules that govern how things will function while the divorce is ongoing. They are not the final outcome of the case.
Before a hearing can be held, most courts require the parties to attend mediation first. Mediation involves hiring a neutral third party, often a retired judge or experienced family law attorney, to help facilitate settlement discussions. During mediation, each side stays in separate rooms. The mediator moves back and forth between the parties. The mediator does not make decisions. The goal is simply to help the parties reach an agreement, which often times people are able to do.
Temporary orders can address issues such as:
- Who stays in the house
- How bills are paid
- Temporary child support or spousal support
- Possession schedules for the children
- Decision-making rights involving the children
- Restrictions on spending or transferring property
A temporary orders hearing is often described as a “mini trial.” Courts usually impose strict time limits, and the goal is to quickly stabilize the situation until the case can be fully resolved.
Not every case requires temporary orders. Many people are able to work these issues out informally without court involvement, especially in more amicable divorces.
Step 4: Gathering Information via the Discovery Process
Discovery is the formal process of gathering information and documents relevant to the divorce. This stage can be relatively simple or extremely time-consuming depending on the complexity of the case and the level of cooperation between the parties. This step may begin shortly after the case – it depends on the situation.
Discovery comes in many forms, such as:
- Requests for financial documents, such as income reporting records, bank statements, etc.
- Business records
- Retirement records
- Written questions called interrogatories
- Requests for admissions
- Depositions
- Subpoenas
The discovery process is often the longest phase of a divorce case.
The biggest factor affecting how long discovery lasts is resistance. When one party refuses to provide information or produces incomplete records, the process becomes significantly more expensive and time-consuming for everyone involved.
In some situations, attorneys may need to file motions to compel, asking the court to order a party to comply with discovery obligations.
While discovery can feel frustrating, it is often necessary to ensure both parties have enough information to make informed decisions regarding property division, financial issues, or custody disputes.
Step 5: Mediation on Final Orders
After discovery is completed, most cases proceed to mediation on final orders. This mediation is focused entirely on resolving the entire case and is usually a full day experience.
The parties and attorneys spend the day negotiating issues such as:
- Division of assets and debts
- Custody and possession schedules
- Child support
- Any other issue involved in the case
The vast majority of divorces settle at mediation rather than trial.
If a settlement is reached, the parties sign a Mediated Settlement Agreement, commonly referred to as an “MSA.” An MSA is binding and cannot be unilaterally changed by a single party after it is signed except in extreme and rare circumstances.
Step 6: Final Trial
If your case does not settle, then you will go to trial on the merits. Most trials are heard by a judge, but a jury has the ability to decide certain issues in a family law case.
Step 7: Drafting the Final Decree of Divorce
Once a settlement is reached or a trial is complete, the attorneys draft the Final Decree of Divorce.
The decree takes the framework of the settlement terms or trial ruling by the judge and turns it into a detailed, enforceable court order. This document contains the specific language needed to ensure the terms can actually be carried out and enforced if necessary.
Step 8: Finalizing the Divorce
The final step is submitting the signed paperwork to the court for approval and entry.
Once the judge signs the Final Decree of Divorce, the divorce becomes official.
There may also be additional documents required depending on the assets involved, including:
- QDROs (Qualified Domestic Relations Orders) for retirement accounts and pensions
- Deeds transferring real property
- Vehicle title transfers
- Retirement account paperwork
- Ancillary transfer documents
These post-divorce tasks are important because they ensure the property division outlined in the decree is actually completed.
In Conclusion: Every Divorce Is Different
Some divorces are resolved quickly with very few contested issues. Others require every step discussed above. There is no “normal” divorce. The process depends on the people involved, the complexity of the assets, whether children are involved, and the level of conflict in the case. My role is to help clients understand the process, protect their interests, and move their case toward resolution as efficiently and strategically as possible.