Round Rock Divorce Process

Texas follows a structured divorce process, and a skilled divorce attorney from Kimbrough Family Law can help you understand each step that must be taken before the final decree is issued. We understand that ending a marriage can be stressful and emotionally draining, even if your petition is uncontested because you both agree on crucial issues such as child custody, spousal maintenance, and the just and right division of property. Our attorneys and support staff share a goal of making the Round Rock divorce process as painless as we can for you. Call now and let us explain what to expect.

How Do Both Spouses Become Involved in a Pending Divorce?

To start, before either of you can file, one of you must have been living in Texas for at least six continuous months, and in the county where you file the petition for at least 90 days. Once that requirement is met, one spouse becomes the petitioner and files an Original Petition for Divorce with the district clerk. When you file your petition, the clerk assigns a case number, and the Round Rock divorce action proceeds through the system.

We assist clients to ensure this contains all pertinent information, such as the spouses’, any children, and the grounds for divorce, which can be fault-based or no-fault.

Fault-based grounds for divorce include adultery, cruelty, and abandonment. If fault is involved, you must prove wrongdoing in court hearings, which can affect how the judge allocates property. The no-fault reason for divorce cited most often is insupportability.

Serving and Answering the Petition

The petitioner must formally serve the respondent, who then responds to the petition with a filing of their own. A process server or deputy can serve the respondent, or the respondent can waive formal service, but must answer the petition usually by a certain deadline. It is also important to note that a Texas divorce generally cannot be granted until at least 60 days after filing, subject to limited exceptions.

Temporary orders may be used while a divorce is pending to address property, support, conservatorship, possession, bills, and other issues. After filing the petition, you or your spouse can ask for a temporary orders hearing, which establishes household rules while the divorce progresses. These rules include who remains in the marital home, a parenting schedule, temporary child and spousal support, and who pays specific bills. These orders expire when the divorce is final but may serve as a foundation for orders that go into your final Round Rock divorce order.

Mediation, Settlements, and Trials: What Is Best For You?

The discovery of the divorce process in Round Rock allows both spouses and their attorneys to review finances, assets, and debts to make informed decisions about a settlement. The information is gathered through written questions submitted to the opposing spouse and sometimes through depositions.

Most Texas courts strongly suggest mediation in contested divorces to facilitate agreement on necessary issues before heading to costly and drawn-out trials. A mediator is a neutral third party who facilitates negotiation and suggests resolutions until spouses decide which terms to settle on that create the foundation of the judge’s final decree. If issues are not resolved in settlement talks, the divorce proceeds to a bench or jury trial where a jury may decide certain eligible disputed issues, while other family law matters remain for the judge to determine.

Let Our Round Rock Attorneys Guide You Through the Divorce Process

Whether you are the petitioner or respondent, act quickly to avoid escalating issues if you and your spouse do not agree on all divorce matters. Early consultations with an attorney allow you to participate in all stages of divorce and can prevent it from being mired in controversy and contention. We use sophisticated technology to assist us with every phase of the Round Rock divorce process. Schedule a case review now and learn how we can help you.