Frisco Divorce Attorneys

The steps to divorce depend on the type of resolution and other factors. Below is a general overview of the process:

1. Establish residency. To file for divorce, you or your spouse must have lived in the state for six months and in the county for the preceding 90 days.
2. File the Petition for Divorce. The petitioning spouse must file an official petition through the office of the district clerk and pay the required filing fee.
3. Notify the other spouse (respondent). Generally, you must serve your spouse with divorce papers by hiring a process server or arranging service through the constable; however, service can be avoided if you notify your spouse informally and they sign a “Waiver of Service.”
4. Response. If the respondent is formally served, they have until the Monday after the 20th day after service (usually around 3 weeks) to file a written response with the court.
5. Waiting period. State law requires couples to wait 60 days before finalizing a divorce, although there can be exceptions for cases involving family violence.
6. Temporary Orders. Some cases require Temporary Orders to set rules, boundaries, and obligations that will control during the divorce. These will often include deciding who will live in the house, the interim possession schedule for child, and how bills will be paid. If Temporary Orders are necessary, the parties can reach an agreement or, if an agreement can’t be reached, set a hearing to ask the court to issue Temporary Orders.
7. Settlement Negotiations and Mediation. Parties to a divorce are welcome to attempt to resolve their matter through informal settlement discussion amongst themselves. If that is not successful, most courts require parties to attend formal mediation to attempt to settle the case before a final trial before the court can be held.
8. Final judgment. Whether the parties reach an agreement or a judge makes the final decision, once the final terms are reached, they will be outlined in a Final Decree of Divorce. Once the judge signs the Decree, the divorce is finalized.

Each divorce may require different forms based on whether the couple has no children or property, no children, minor children without a current custody order, or minor children with an existing custody order. Our firm can help you complete the necessary paperwork correctly and on time to prevent procedural errors that may delay or jeopardize your case.

Texas is a community property state, meaning family courts aim to divide community property in a manner that is “just and right” (Tex. Fam. Code § 7.001). Community property includes marital assets, income, and debts acquired during the marriage. Separate property, such as assets owned before marriage or received as a gift or inheritance, is not subject to division if sole ownership is proven.

However, the community property rule does not always result in a 50/50 split. The court retains broad discretion to divide property in a manner that is “just and right.” Some potentially influencing factors include the length of the marriage and misconduct or wrongdoing in fault-based divorces. Our attorneys can help you identify community property, trace complex assets, and present clear evidence to support a fair division.

State law also allows for fault-based divorces on the grounds of insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital (Tex. Fam. Code § 6.001—6.007). We can assess your situation to determine which ground is appropriate for your specific case.