In Texas, there are four methods by which to get a divorce: an Informal Agreement, through a Litigated or Adversarial Divorce, a Collaborative Divorce, or a Cooperative Divorce Mediation.
The first step is to 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.)
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 over 5-6 months on average
If unsuccessful, must retain new attorneys
4. Early Mediation
Employ Divorce Financial Analyst (DFA)
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
Final Steps
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