A court can grant a divorce
based on no fault grounds, fault grounds or both. A no-fault
divorce is based on a find that the marriage has become “insupportable because of discord or
conflict of personalities that destroys the legitimate ends of the marriage” and that there is on
reasonable hope of the parties reconciliating. Fault grounds that are recognized in Texas include
conviction of a felony, cruelty, adultery, and abandonment.
A court cannot grant a divorce in Texas for 60 days from the date of filing. The 60 day waiting period must occur even if the parties agree to all the terms in a divorce. A divorce is a form of a lawsuit. It can be settled in one of two ways - a settlement or trial.
What is the Divorce Process?
In general, the step in a divorce as follows:
1. An Original Petition for Divorce is filed. This petition identifies the parties, if there are
children involved, what the overall situation is and the reason(s) for the divorce.
2. The opposing party is served the divorce.
3. An Original Answer for Divorce is filed by the opposing party.
4. Sometimes it is necessary to have a Temporary Orders hearing. This is a process that will put a Temporary Order in place through out the process of your divorce.
5. Sometimes it is necessary for discovery to occur in a divorce. Discovery includes the disclosing of the facts of the case, disclosing assets, gather bank accounts, retirement accounts, other financial accounts and other documents as requested. This is a very overwhelming process, but it is sometimes a very necessary part of your divorce.
6. Inventory and Appraisements are filled out. This is the financial picture of your lives together. Typically, six months of financial documents are to be provided and exchanged with the other party.
7. Mediation is where the parties have a chance to negotiate the possession and access of the children and the property division divorce of their divorce. This is done with a neutral third party known as a mediator. Mediation is binding and irrevocable.
8. If mediation fails or if all the matters were not negotiated in mediation, litigation in front of a judge may be necessary.