Texas is a no-fault divorce state. This means that you may file for divorce at any time and you do not have to prove your spouse did anything wrong in order to get divorced. A petition for divorce is filed in the appropriate Texas county and is then served on the other spouse. The petition must be on file with the county clerk for 60 days before you may finalize your divorce. The parties my exchange information and documents regarding children and property issues either informally or through the formal discovery process. The spouses may want to set up temporary orders (either by agreement or by court order after a hearing) that state who will live where, who will pay for what, specify where the children will live and outline a child possession schedule while the divorce case is pending. The spouses try to reach an agreement regarding how to care for the children and how to divide their property, often with the help of a mediator. If they cannot reach an agreement, they may ask the court , after a hearing, to order how children are to be cared for and how property is to be divided. The parties will also prepare any documents needed to divide certain property such as cars, a home or retirement accounts. Once the court signs the final decree of divorce, the parties are officially divorced. If there is a trial, either party may appeal the court's ruling based on legal mistakes that party believes was made by the court.

David Todd
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Austin TX Family Law, Personal Injury and Eminent Domain Attorney