What Happens During the Divorce Process?

What Happens During the Divorce Process?

By Frank Vendt |

Divorce is complex, but arming yourself with an understanding of what lies ahead can help. Every divorce is unique, and Texas’s divorce laws are different than those of many other states. Understanding the basic Texas divorce process can help you work through it more effectively.

Grounds for Divorce

A divorce terminates the marriage contract between two persons. The grounds for this termination can be based on one party’s fault or on neither’s fault (no-fault). In a no-fault divorce, either party may seek and obtain a divorce regardless of whether the other spouse consents. A fault-based divorce, on the other hand, requires that one spouse prove the other party’s fault, which can be classified in several ways:

  • Adultery
  • Abandonment
  • Incurable mental disorder
  • Imprisonment
  • Cruelty

Fault-based divorces are usually pursued when the couple is unable to come to satisfactory terms regarding settlement issues and when one of the parties would like the court to take the other party’s conduct into consideration.

Contested vs. Uncontested Divorce

A couple must resolve several issues before receiving a Texas divorce:

  • Division of property and assets
  • Spousal support
  • Custody
  • Visitation
  • Child support

If you and your divorcing spouse can agree upon all of these terms, you can obtain an uncontested divorce and avoid the legal expense of adversarial litigation. On the other hand, if you can’t resolve these issues together, you will need to resolve your contested divorce through dispute resolution or through the court.

If your divorce is uncontested, your attorney will draft a divorce settlement as agreed by you and your spouse. If the court approves the agreement, it can finalize your divorce and issue a judgment. Contested divorces will need to go through a period of negotiation involving your attorney and your spouse’s attorney in an attempt to resolve any contested matters. Negotiation may lead to mediation if necessary. If you are unable to resolve one or more issues through negotiation or mediation, you will have to present the matter in court and the judge will decide how to resolve the issue. It is always preferable—and less costly—to resolve issues outside of court. However, if your case does have to go to trial, it is critical that an experienced divorce litigator represent you.

Contact a Divorce Lawyer in Richmond, Texas, to Discuss Your Situation

If you are facing or considering a Texas divorce, protect your rights and assets by contacting a skilled divorce attorney. Your attorney will help you see the big legal picture and help you make important decisions that are best for you and your case. To discuss your situation with a Texas divorce attorney, contact The Vendt Law Firm today. Attorney Frank J. Vendt has the experience, knowledge, and commitment to help you resolve your divorce as favorably as possible. To schedule a consultation, call our office today at (832) 276-9474.