What is the process for divorce?

The short answer is that it begins with the filing of a divorce petition and ends with a divorce decree resulting from either an agreement or a trial. The process in between varies dramatically according to: (1) what legal avenue is pursued, (2) whether temporary arrangements are needed during the pendency of the divorce, and (3) the amount of discovery required.

The firm uses four legal avenues to resolve cases. Three focus on obtaining an agreement: negotiation, mediation, and collaborative law. The fourth, litigation, focuses on trial. We attempt to reach agreements when it is in our client's best interest to do so, and the vast majority of our cases result in agreements. Agreements cause the matter to be resolved without waiting for an opening on the court docket and usually result in lower expense for the client.

However, we do not enter into an agreement when it is not in our client's best interest; in those situations trials must be used to assert our client's rights.

Temporary orders are often needed to determine spousal support, interim attorney’s fees, temporary property possession, and temporary expense and debt payments while the divorce is pending. Temporary orders are also often needed to ensure that the parties are ordered not to commit harmful acts while the divorce is pending. Sometimes temporary orders are not needed; other times they are vital to protecting a spouse during the litigation.

Standing orders are court orders that family law courts put in place for every divorce suit or suit affecting the parent-child relationship that are filed in a specific county. No party to the lawsuit requests the order, it is adopted by the court for all family law cases to protect the parties, their children and preserve their property while the lawsuit is pending. Dallas County and Denton County family law district courts have adopted standing orders.

Restraining orders are the most common method to stop harmful acts by a spouse. A restraining order prohibits or “restrains” a party from specific behaviors or acts or from taking certain actions. Temporary restraining orders at the beginning of a divorce may last up to fourteen days without a court hearing, and after a court hearing the same restraints may become part of the Court's temporary orders for the case.

Protective orders are used if physical violence or threats of physical violence occur. Police departments may be used to enforce protective orders, unlike temporary restraining orders.

Discovery refers to obtaining information from the spouse and/or third parties. Discovery can consist of production requests, interrogatories, requests for admissions, disclosures, depositions, and request for mental health examinations. Sometimes discovery may be accomplished informally at a lower cost. Other times, discovery must be done formally so that the court can order the opposing party to comply with the discovery requests.

Most Texas family law cases eventually are resolved by agreement of the parties resulting from negotiation, mediation, or collaborative law. In order for an agreement to resolve the matter, all the terms of the divorce must be agreed upon. If an agreement on all issues is not possible, the remaining issues are resolved with a court trial.

Depending on the number of issues that must be tried and the number of witnesses that are required, a trial may last only a few hours or may last longer than a week.