Often, we find that people who are considering divorce or initially faced with divorce are wondering just how divorce works.
In every divorce case, it all begins with an original petition for divorce. This petition is prepared by the spouse (or spouse’s attorney) who is seeking divorce from their spouse. The spouse who is filing for divorce is also referred to as the petitioner.
The petition for divorce contains relevant information to the marriage and how property will be divided. It also outlines the parties involved in the divorce. This includes names of the husband and wife as well as any assets and liabilities the couple may share.
If children are involved, it also covers child custody and child support requests.
To cover how divorce works in a simplified version, here are the steps involved in a divorce.
Serving Divorce Papers
Also referred to as serving a divorce petition, this is where divorce papers are served to the other spouse. It is a required step.
In legal terms, this is what is called “service of process.” This simply means that the person filing for divorce is giving appropriate notice of initial legal action to the other party.
If both spouses agree on the divorce (also called and uncontested divorce), then an acknowledgement saying that papers were served is all that needs to be signed by the served spouse.
In the event that the spouse being served doesn’t want to sign, or cannot be located, a professional process server may be a recommended option. This way, he or she can personally deliver the divorce petition, meeting this requirement.
In Texas, there is a 60 day waiting period to get divorced. However, the countdown does not begin until service of process is completed.
At this time, a date of separation is established. In addition, this also creates automatic restraining orders on both spouses involved.
This means that that neither spouse can take children outside of the state. Also, they cannot borrow against any community property, or sell any community property on their own.
Response to Divorce Petition
After a spouse has been served with divorce papers, the next step is getting a response to the served petition. The spouse being served is also referred to as the respondent.
If the respondent agrees, he or she may send a response saying that he or she agrees with the divorce.
This is done by filing a response to the petition. In doing so, this states that both spouses involved agree.
With an agreed, uncontested divorce, a court hearing may not be necessary since there is no disagreement on terms.
When a case needs to go to court, it will almost always take longer to get divorced and cost more. Generally, this will happen in a contested divorce, when one or more of the parties disagree with the terms of the divorce.
If it cannot be worked out between each spouse and their attorneys, then the case may require mediation to resolve the divorce.
Final Steps in a Divorce
When spouses agree on the terms of the divorce, the process is much more streamlined and less costly. As long as both spouses disclose their income, expenses, assets and liabilities and agree how this will be handled, then there is no need for a prolonged divorce.
There is just a bit of paperwork to file, a waiting period to follow and then that’s it. You’re done.
However, if an agreement cannot be reached, then this is where court hearings will be needed so that a judge can hear about the case. In some instances, the divorce may even need to go to trial when stakes are high and resolutions cannot be met.
After the court enters the judgement on the case, then the divorce will be finalized.
And this is how divorce works.
Work with a Divorce Lawyer in San Antonio
While a divorce can be simpler if uncontested, we always recommend working with a San Antonio divorce attorney who can help guide you along. At our firm, we take the time to listen and provide advice along with compassion for what you are going through.
Being faced with divorce is enough to deal with on it’s own. You don’t need the additional stress that comes with trying to handle all of the legal aspects on your own as well.
So if you are in this situation, we encourage you to contact us today.
