What to Expect from the Legal Divorce Procedure

Posted by Matheiu Robine on November 23rd, 2018

While the divorce proceedings mostly depend on the parties involved and their situation, you can get an idea of what happens in a divorce case generally.

A case where the parties have been married for a short time have no kids, have very little property and minimal debts will be simpler than one which is exactly the opposite of this. However, both the divorce cases will be easier if the parties involved have both agreed to file for a divorce. The more the agreement between the two, the quicker and smoother the process will be.

Before you head to find a divorce attorney in Fort Worth, let us take you through the important steps of filing a divorce.

Filing the case

Of course, the very first step is filing a petition or appeal in the court. This is best done with the help of a divorce lawyer in Fort Worth. Even if both the partners have agreed to separate, they have to file a petition with the courts to ask for a legal divorce.

Your petition will be focused on the divorce grounds which the lawyer will be able to better guide you about.

Provisional orders

If a partner depends on the other person for financial support or needs to have the custody of their children, they will have to file for temporary orders. Such an order is granted within a few days and will remain effective till the final decision is out.

Service of Process

The one who is filing for a divorce will also have to file proof of service of the process. The proof of service of process is a document that proves that the copy of the divorce petition was given to the other party. If both the parties have agreed on the divorce, it is best for the filer to arrange for service of process document to the other party's divorce attorney in Fort Worth and elsewhere.

Response

The party receiving the service of process document will then have to file a response to the petition filed. If the divorce is being sought-for on fault grounds and if the other party wants to argue those grounds, that has to be stated in the response too. Any disagreements regarding property division, child custody, etc., will also have to be mentioned.

Negotiation

If there is a disagreement, the parties will negotiate. In such cases, the court holds the right to schedule settlement conferences to move the case and the parties to a final dissolution of the issues. It may also order mediation if the parties don’t seem to agree on something.

The Trial

The trial is the hearing of divorce and other cases in the courts. Mostly, the issues that can’t be resolved by the parties on their own are heard in trials where the divorce lawyers in Fort Worth speak for their clients. Issues that the parties cannot resolve between themselves will have to be decided at a trial. However, going to trial will take longer, cost more money, and have less predictable results, so it is probably best to avoid going to trial if possible.

Order of Dissolution

This is the end of the marriage and describes how everything should be taken further. It will include decisions on property division, child custody, financial support, etc. If both parties involved agree to the dissolution, it will be approved by the judge. In case the parties keep disagreeing, the court will issue a final Order of Dissolution after the issues are settled and the trial ends.

If you are going through a divorce, connect with the professionals at Sherman Law Firm, P.C. today to talk out the options.