The process for a contested divorce in Houston typically involves the following seven steps:
1. Filing the Original Petition for Divorce
The spouse initiating the divorce (the petitioner) files a petition with the court that includes information about the marriage, grounds for divorce, and any proposed terms for property division, child custody, and support.
2. Serving the Other Spouse
The other spouse (the respondent) must be formally notified of the divorce proceedings through service of process. We can do this through personal service by a process server or, in some cases, by certified mail.
3. Responding to the Petition
The respondent has a limited time to file an answer to the petition, typically 20 days from the service date. If the respondent fails to respond, the court may grant a default judgment in favor of the petitioner.
4. Discovery
Both parties exchange information and documents relevant to the divorce, such as financial records, property deeds, and child-related information. This process helps both parties have a complete picture of the marital assets and debts.
In many cases, the court will require the parties to attend mediation before proceeding to trial. During mediation, a neutral third party (the mediator) works with the spouses to reach a mutually agreeable settlement.
6. Trial
The case may proceed to trial if the parties cannot agree through mediation. During trial, both sides present evidence and arguments to the judge, who will then decide on the divorce terms.
7. Finalizing the Divorce
The marriage legally terminates once the judge issues a final divorce decree. The decree will outline the divorce terms, including property division, child custody, and support, as well as any spousal support obligations.
