Texas
is a no-fault divorce state, and thus, obtaining a divorce can be fairly easy.
Of course, some divorces can be extremely complex because children
are involved or because the community estate is rather large.
In any event, the Texas Family Code and local family courts control
the process from start to finish. A
spouse (the petitioner) initiates the divorce process by filing an Original
Petition for Divorce. Once the
petition is filed, the remaining spouse (the respondent) must be made aware
of the filing of the petition. Usually,
a constable or civil process server will serve the Respondent with a copy
of the Original Petition and a citation notifying her that she has been sued.
The respondent has a limited number of days in which to respond to
the petition. If the Respondent
chooses to respond, she does so by filing an Answer.
If the Respondent chooses not to respond, the divorce is considered
uncontested, and a default judgment can be entered against the Respondent.
Regardless of whether the Respondent files an Answer or not, a divorce
cannot be granted until 60 days after the date the petition was filed.
Should
the divorce become contested, both sides will then shift to a discovery phase
during which both parties will petition each other for specific personal and
financial information that will have an impact on child custody, child support,
spousal maintenance, and the division of the marital estate.
Another
common phase in the divorce process is mediation.
Many courts in Harris County require both spouses go to mediation before
taking their case to trial. This
requirement was implemented to help alleviate the overworked, overcrowded
court system and to keep legal costs down for the litigants.
Mediation is often much less expensive and less time-consuming than
going to trial. Mediation is
not absolutely required in every case, but the courts utilize this alternative
form of dispute resolution with great frequency.
We
hope this brief overview has provided a better understanding of the divorce
process.
