Texas Divorce Process

The attorneys at Wilhite & Lea, P.C. are highly skilled and knowledgeable in representing clients in divorce suits in Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Humble, Klein, and the FM 1960 area, as well as Conroe and The Woodlands in Montgomery County.

For most people, a divorce is their first interaction with the court system. This can be a confusing and overwhelming process. While each case is different, following is a basic outline of the major aspects of a divorce proceeding:

1. Consultation with an Attorney

The first step in a divorce case is consulting with a competent family law attorney with the knowledge and experience to help you through this trying experience. A good attorney will provide a thorough explanation of your legal rights and obligations, help you sort through the information that will be important, give you guidance as to what to expect from the process, and advise you what steps you should take to obtain the best possible outcome. In the initial consultation, the lawyer will also establish the terms of representation and assist you in estimating the cost of legal services.

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2. Filing for Divorce

After some initial fact-finding and establishing the terms of attorney representation, the lawyer will prepare the necessary paperwork and file it with the court. This initial paperwork filed will usually include a petition for divorce and a mutual temporary restraining order (TRO).

3. Serving the Opposing Party

Once the divorce suit is on file, the other spouse must be served with a copy of the initial pleadings. If the opposing party agrees to accept informal service, the attorney may send them a copy of the paperwork along with a waiver of service. However, if the other spouse does not return the waiver of service to the attorney, he or she will be served in person by a private process server, constable, or sheriff.

4. Temporary Orders

After the necessary parties have either returned a waiver of service or been personally served, the attorney will usually attempt to negotiate terms that will govern the parties, their property, and their children while the divorce is pending. Some courts require the parties to attempt to settle their disputes at mediation. If an agreement cannot be reached between the parties or at mediation, the attorney will set a hearing with the court. This hearing on temporary orders is a formal legal proceeding where the parties and attorneys present evidence to the court and the judge decides all contested issues.

More information on temporary orders

5. Discovery

To ascertain evidence of the claims and defenses being made, the attorney will send formal written discovery questions to the other spouse. These questions generally include requests for the other spouse to produce documents he or she intends to use to support their allegations, and questions that require a sworn narrative response from the other spouse about the case. The lawyer may also take the oral deposition of the other spouse and important witnesses to establish their answers to relevant questions about the case. Each spouse will also be required to complete a sworn inventory and appraisement describing in detail all of the property owned by both spouses and the value of each asset.

6. Mediation

Almost all courts require parties to attend mediation to attempt to resolve disputed issues before trial. A qualified and skilled mediator can facilitate an agreement between the spouses. At mediation the parties and their attorneys negotiate with one another through a neutral third party (the mediator) to find a solution to the outstanding matters in the case. The mediation process is confidential, and the mediator may only report to the court whether the parties reached or did not reach a settlement. If an agreement cannot be made, the outstanding issues must be presented to the judge at trial.

More information on divorce mediation

7. Parenting Class

In many counties, including Harris County, Montgomery County, and Fort Bend County, the courts require both parents in a divorce case involving children to attend an approved parenting course. Upon conclusion of the course, each parent will receive a certificate of completion that must be filed with the court before the divorce can be finalized.

8. Trial

When husband and wife cannot reach an informal settlement agreement or settle at mediation, they must present their case to the judge. Trial is a formal proceeding where the parties present evidence to the court and ask the judge or jury to make a ruling. After all evidence is presented, the judge or jury will make a decision on each disputed matter. The rulings of the judge and the findings of the jury will then be written into a final divorce decree.

Wilhite & Lea, P.C. | Texas Divorce Lawyers

Contact us to start your divorce process if you are located in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County or Waller County. Call (281) 537-2171 or submit your brief situation details in our online form. Our Houston divorce attorneys are experienced and compassionate. We're ready to evaluate your case and help you through the divorce process.