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.)
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Exchange information
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Agree on asset division
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Take agreement to attorney to draft documents and file.
2. Litigation
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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.
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Prepare and complete Discovery (exchange of information) as per Texas Rules of Civil Procedures.
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Request for Documents, written interrogatories, depositions, subpoena records, request for disclosure, requests for admission and sanctions.
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Exchange and file inventories with court.
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Negotiate issues and come to agreement or go to mediation
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If no agreement: Trial starts 9-12 months after filing
3. Collaborative Divorce
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Sign Participation Agreement
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File Notice with court to avoid scheduling order
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Set agenda for meetings
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Attend joint meetings (with spouses, attorneys, financial and mental health Professionals)
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Exchange information cooperatively
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Prepare joint inventory
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Negotiate issues and agreement
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Sometimes go to mediation
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4-6 meetings & 5-6 months on average
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If unsuccessful, must retain new attorneys.
4. Early Mediation
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Employ Divorce Financial Analyst
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Submit financial data
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DFA creates settlement scenarios
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Mediate with team (can include attorney, DFA, and/or psychologist)
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Mental Health Professional helps with communication during mediation, or with career planning and/or parenting plan
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Mediated settlement Agreement provides info for drafting of decree by second attorney who files documents with court after they are signed by parties.
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Estimated Time: 60 to 90 days
Attorneys Prepare Documents
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Qualified Domestic Relations Order
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Warranty Deed and Deed of Trust
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Withholding Order for Child Support
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Medical Child Support Order
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Agreement Incident to Divorce
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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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