If you are planning to file a divorce in Texas, your process will start with filing original petition of divorce. This is a document that tells the Judge that you and your spouse want to file for a divorce. This document is filed with the District Clerk or the County Clerk, and it begins your 60 day mandatory waiting period.
This document will briefly state the grounds for your divorce and a brief outline of what you are seeking in the divorce, which includes: property (house or cars), joint custody, and child support.
When you file a divorce with our experienced family law attorneys, we will start the process with a detailed discussion with you about the grounds of your divorce, property that you and/or your spouse own, child custody, and child support. On the basis of this discussion we will prepare the original petition of divorce for your divorce case.
Our divorce lawyers have worked on hundreds of divorce cases over the years, and have the experience of handling property settlements, custody issues, and child support agreements. Our lawyers provide a free consultation for your divorce case, so call us at 972.789.1664, or email us at contact@dallasarealaw.com to discuss your case.
When you apply for divorce in Texas, the court cannot grant a divorce without deciding about the property and children issues. The court will resolve your property conflicts and will issue orders concerning custody and support of children.
When you file your divorce in the court, the court will determine if the court has jurisdiction to grant a divorce. This is determined by the residency and domicile of one or both parties, which has to be in the State bar of Texas and also in the county where you filed the divorce.
Your attorney will file your petition in your local court. We have seven (7) Family Courts in Dallas and seven (7) in Fort-Worth, and your divorce attorney will file your case in these courts depending upon your location. The filing is done in one of these courts, which attorney has no control over. In some counties there are no separate family courts, so divorce cases are filed in regular courts that handle civil and criminal matters.
You or your spouse may feel the need court to issue orders between the date the divorce is filed and when the divorce is guaranteed. These court orders are called temporary orders that are effective during the divorce proceedings. READ MORE >
Another order that can be requested to the court is for preventing the transfer and disposition of property and/or any harassment or other specific actions.READ MORE >
This is a more specialized form of restraining order, which prevents acts of violence and is suitable if you are in an abusive relationship and want to file a divorce to get out of it. This special order will be issued by the court after a testimony in the court about the acts of violence in the relationship. READ MORE >
A temporary restraining order is valid for only for fourteen (14) days, and is granted without a notice to your spouse or a hearing. After a hearing, the temporary restraining order can become a temporary injunction, which stays active until the divorce is granted. Normally, a temporary injunction is granted upon request, and both parties know about it at the time of its issuance.READ MORE >
In extra ordinary circumstances, a court may consider issuing a protective order, which has the powers of temporary restraining order (TRO), but also have the option to involve law enforcement involved if there is a chance of violation of the order. You can opt for this kind of order, if you are in an extremely abusive relationship, and feel that your decision of filing for a divorce can lead to an aggressive response from your spouse. READ MORE >
Once your Original Petition for Divorce is processed at the court, it must be delivered to your spouse. A Process Server, Sheriff, or a Constable normally hand the document to the spouse along with a citation. A citation is another document that tells the spouse that a divorce has been filed and he has limited number of days to file a response.
You may also deliver the Original Petition for Divorce to your spouse, but this can only be done effectively if there is no request for a restraining order or a hearing. If you have requested for a hearing and you choose to deliver the Original Petition for Divorce to your spouse, you cannot show that your spouse has been legally served with a notice to be at the hearing.
The process of Discovery includes a process of learning that starts with one side of the case requesting information about the case from the other side. Discovery always includes a request for disclosure, which is general information about the case. Discovery also includes:
In the case that you are served with Discovery or acquire a notice that you are summoned to a deposition, it is in your best interest to hire a divorce attorney. Our experienced family law attorneys are here to help you with your discovery process. Our Dallas divorce lawyers have represented hundreds of clients in divorce discoveries.
During discovery your divorce attorney will go through all the details of the case that you have. You should discuss all the details of your case with your attorney, so that he or she can effectively represent you during the discovery process.
When your attorney has all the information about your divorce case, he or she can also request the opposing attorney to disclose additional information about the case. This gives your divorce attorney a chance to access the case information that your spouse’s attorney has. This will help your attorney to prepare a case with the knowledge of all the necessary information from both sides. All of this is a part of discovery process.
When you and your spouse have property, its division is decided during discovery. The division of property and debt is discussed between you and your spouse in the presence of your attorneys. Your divorce attorney will discuss the legal aspects of division; argue your demands; and how you want to finalize the division of the property and debt. Having knowledge of what is to be divided and how it should be divided gives authorization to the preparation of a Sworn Inventory and Appraisement, in which you and your spouse will list all property or debt involved in the divorce case. The list also includes each side’s opinion as to the value of the claim.
Having an experienced family law attorneys on your side is extremely important at this stage. The attorney can effectively explain your legal rights, help you in deciding the right division of your assets, and effectively convey your demands to your spouse’s attorney. Contact us at 972.789.1664 to schedule a free consultation with one of our experienced family law attorneys.
