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Ways to Get Divorced

Four Ways to Get a Divorce (in Texas)

File a PETITION with the District Clerk & use any of the following procedures.

(The waiting period in Texas is a minimum of 60 days from filing.)

Click here for a diagram of "Ways to get Divorced"

 

1. Informal Agreement

(Usually for those without children or property.)

  • Exchange information
  • Agree on asset division
  • Take agreement to attorney to draft documents and file.


2. Litigation

  • Prepare for and attend hearings as necessary for protective orders, Restraining Orders, Temporary Orders on child-related issues, use of house and car, spousal support, and payment of bills.
  • Prepare and complete Discovery (exchange of information) as per Texas Rules of Civil Procedures.
  • Request for Documents, written interrogatories, depositions, subpoena records, request for disclosure, requests for admission and sanctions.
  • Exchange and file inventories with court.
  • Negotiate issues and come to agreement or go to mediation
  • If no agreement: Trial starts 9-12 months after filing
     

3. Collaborative Divorce

  • Sign Participation Agreement
  • File Notice with court to avoid scheduling order
  • Set agenda for meetings
  • Attend joint meetings (with spouses, attorneys, financial and mental health Professionals)
  • Exchange information cooperatively
  • Prepare joint inventory
  • Negotiate issues and agreement
  • Sometimes go to mediation
  • 4-6 meetings & 5-6 months on average
  • If unsuccessful, must retain new attorneys.

4. Early Mediation

  • Employ Divorce Financial Analyst
  • Submit financial data
  • DFA creates settlement scenarios
  • Mediate with team (can include attorney, DFA, and/or psychologist)
  • Mental Health Professional helps with communication during mediation, or with career planning and/or parenting plan
  • Mediated settlement Agreement provides info for drafting of decree by second attorney who files documents with court after they are signed by parties.
  • Estimated Time: 60 to 90 days
     

Attorneys Prepare Documents

  • Qualified Domestic Relations Order
  • Warranty Deed and Deed of Trust
  • Withholding Order for Child Support
  • Medical Child Support Order
  • Agreement Incident to Divorce
  • Other Transfer Documents



Final Decree/Order is signed by Judge and divorcing parties.

Click here for a diagram of "Ways to get Divorced"

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    Address: 10777 Westheimer, Suite 1100, Houston, TX   77042 email: pb@lifetimeplanning.cc