Steps for Filing for Divorce - The Clark Law Firm, P.C.

What Are the Steps for Filing for Divorce?

On Behalf of Robert S. Clark Sr.

Feb 15, 2025

If you’re planning on getting a divorce, it’s always wise to talk with a divorce attorney here in the Houston, TX area. When you have an attorney on your side, your divorce is more likely to move quickly and smoothly through the following steps.

Consider a Houston, TX Divorce Attorney

Your first step ought to be considering the help of a family law attorney. Divorce is a legal process, so as much as it is an emotional event for you, for the courts, everything needs to be done exactly right.

The court will be expecting the right paperwork, filed with the correct court, and for any agreements to be equitable under Texas law and in the best interests of any children of the marriage.

It can be very difficult to deal with all of this when you’re also going through the emotional hardship of getting a divorce; you might be surprised how much stress and emotional strain a divorce lawyer can take off your plate.

Additionally, if you are having difficulties in negotiating with your spouse and coming to an amicable agreement, a divorce attorney can be a huge help here, as well.

Your attorney can be a go-between who defuses tension and helps you to focus on the long-term and on your children rather than on short-term “wins” or arguments with a combative spouse.

If you have an abusive spouse, your lawyer can help you get the protection of the courts, as well.

Finally, a lawyer just helps everything to go more efficiently.

Having a lawyer on your side means that the process is streamlined, and this often means lower costs and less time needed to finish the process.

Filing the Petition

The first step will be filing an “Original Petition for Divorce” with the court. This document outlines the grounds for divorce and your requests regarding property division, child custody, and support.

You’ll need to give grounds for the divorce in this petition, and Texas recognizes both no-fault and fault-based grounds. No-fault is the most common reason for a divorce.

This is known as “insupportability” and just means that the marriage cannot continue do to disagreement between you and your spouse.

You can choose to give grounds for the divorce, and Texas will accept cruelty, abandonment, adultery, living apart for at least three years with no intention to reunite, a felony conviction, or a spouse being confined to a mental hospital with no reasonable chance of being released as grounds for a divorce.

The grounds you choose can have an important impact on your divorce, including on aspects such as spousal support or the division of assets.

For this reason, it’s very important to talk with an experienced lawyer about what grounds to claim.

In some cases, it may be in your best interest to just pursue a no-fault divorce, even if a spouse has committed adultery or has been showing cruelty towards you. In other cases, it’s better to pursue a fault-based claim.

Your attorney will make sure this petition is filled out correctly, filed with the right clerk, and that there are no mistakes that might cause a delay.

Notifying Your Spouse

Once you have filed this petition, you become known as the “plaintiff” and your spouse is now known as the “respondent.” The plaintiff is responsible for serving the respondent with divorce papers. If you and your spouse agree to the divorce and want to speed the process up, your spouse can sign a Waiver of Service. This allows you to move immediately to the next steps.

If your spouse refuses to sign this waiver, you would then serve them the papers by using a process server or through the local sheriff. There are a few other options, as well as things you can do if you can’t find your spouse, and your lawyer can tell you more.

Responding to the Petition

Once your spouse receives the paperwork, they have 20 days to file an answer or a counterpetition. If they file a counterpetition, they will state their own grounds for the divorce and their requests for the divorce, which could include quite a few things that are different from what you are asking.

Your attorney will work with you to look over this response and then talk through the best strategy and how to prepare for the counterclaims in order to safeguard your best interests. If your spouse does not respond, you can request a default judgment from the court, which is likely to go in your favor if your spouse isn’t communicating.

Waiting Period

In Texas, you are required to wait 60 days after filing for divorce, even if you’re filing for an uncontested divorce. This is the cooling-off period, during which time the state is allowing you a chance to reconcile. There are some rare exceptions granted to the 60-day waiting period but typically only in cases of domestic abuse.

If you’re not interested in reconciling, you can still take advantage of this time to talk to your spouse (together with your lawyer and your spouse’s lawyer) to come to an agreement about the terms of the divorce.

The more things you and your spouse can agree upon together, the more you retain control of how the divorce plays out and of your own futures.

Your lawyers will help you make sure that these negotiations are fruitful and reduce conflict along the way. Your own lawyer will also review any agreements you want to make about important issues like child custody or asset division and let you know if these agreements are likely to be acceptable to the court. If not, your attorney will help you to come up with an agreement that will be acceptable.

Negotiations and Hearings

Once you’ve gone through the waiting period, there is a chance for more negotiation, but if you can’t come to an agreement, you will likely begin hearings before the court.

These hearings will allow the court to evaluate what you’re asking for in terms of property division, the distribution of your shared debt, child custody and support, spousal support, visitation schedules, and more.

Even if you have an uncontested divorce, you can expect to have at least one hearing, though the respondent typically does not have to attend this hearing if the two of you agree about everything.

During this phase, the lawyers for the two sides can also make requests of the other spouse for important information and evidence. Depending on how much information there is to exchange and how prompt both sides are in responding to these requests, this phase can be short or greatly extended.

Final Divorce Decree

If you and your spouse are in agreement, then the final divorce decree is essentially the court signing off on what you have already agreed to, provided it is acceptable. If you and your spouse cannot agree, then the judge will make the final decision in this decree about everything that you are still in disagreement about.

To learn more about what to expect for your divorce specifically, contact the Clark Law Firm, P.C. in Houston, TX to schedule a consultation.

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