Key Steps and Common Mistakes to Avoid
Your marriage is over and it’s clear that the only way forward is through divorce. Even when there’s little or no acrimony, divorce can be an emotional experience. Those emotions can make it difficult for you to know what’s in your best interests. Let’s look at the key steps required to terminate your marriage, as well as common roadblocks that can prevent you from getting the outcome you want.
What Are the Key Steps in a Texas Divorce Proceeding?
Divorce is a legal process—you can’t simply file a document and be done with it. Here are the essential steps to complete a divorce in Texas:
- One spouse must file the divorce petition. This must be done in the district court for the county where one of the parties currently lives. The petition must be delivered to (served upon) the other spouse.
- The other spouse may or may not file a response. If no response is filed within the time period required, the spouse who filed for divorce may seek a default judgment. If a response is filed, the parties will typically begin discovery, a process during which evidence is gathered.
- An uncontested divorce may take less time, but the parties must still wait a minimum of 60 days before the divorce can be finalized.
- The court will commonly issue temporary orders regarding custody, visitation, support, and property.
- The parties may attempt to negotiate a settlement or may go through mediation in an effort to resolve any differences.
- If matters cannot be resolved, the divorce will go to trial. Most divorce trials in Texas are “bench” trials, i.e., with a judge but no jury.
- The court will issue a final divorce decree, which will include all relevant rulings on custody, visitation, support, and property matters.
Mistakes People Often Make During Texas Divorce Proceedings
When you’re in the midst of a divorce, the pressure and anxiety can be virtually nonstop. That can lead you to make decisions or do things that aren’t in your best interests:
- Concealing or hiding assets or income—The division of marital property can be contentious. In an effort to protect what you believe is yours, you may be inclined to hide property or fail to disclose all your assets or income. Don’t do it. If you are suspected of misrepresenting financial or property holdings, the court may order a forensic accounting, which can be expensive. In addition, if there’s evidence of wrongdoing on your part, the court may impose harsh penalties, particularly with respect to the eventual division of marital debts and assets.
- Venting on social media—The best thing to do, once you’re involved in a divorce proceeding, is to temporarily suspend any social media presence. Furthermore, ask friends and family to refrain from posting pictures or other information about you and your situation. It may all end up as evidence in court and can easily be subject to misinterpretation.
- Failing to disclose all relevant information to your lawyer—Your lawyer needs to know everything, even information that might be detrimental to your case. Being open with your legal counsel is the best way to minimize the potential impact of any negative facts. Your lawyer can provide the best representation possible only when you provide full disclosure.
- Pretending it’s not happening—If you don’t pay attention to your divorce proceedings, you’ll have very little chance of getting any type of positive outcome. While it may be emotionally draining, you need to be fully involved in the process and help your attorney in order to get the best possible outcome.
Let the Experienced Divorce and Family Law Attorneys at Bailey & Galyen Help
At the law offices of Bailey & Galyen, we bring more than four decades of experience to people in Texas who are considering or have filed for divorce. We have a thorough understanding of Texas laws governing custody, visitation, child support, alimony, and the division of marital debts and assets under Texas community property law. Contact us by e-mail or call our offices to set up a free initial consultation with an experienced divorce lawyer. Our phones are answered 24 hours a day, seven days a week.
