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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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An Introduction to the Divorce Process
in Dallas Texas
Starting the Divorce Process
Divorce in Dallas Texas, as with all divorces, starts with
the filing of a divorce petition. A divorce petition:
- identifies the parties involved,
- recites the jurisdictional requirements, (i.e.
residing in the state of Texas for six months and the county of
filing for sixty days),
- identifies any children,
- requests
conservatorship of minor children, and
- asks the Court to divide the
community property in a fair, just and equitable manner if the
parties in the divorce can not reach an agreement.
Response
Once a divorce petition is filed, the Petitioner must decide
whether to have the Petitioner’s spouse, now called the
Respondent, served with citation. Citation is a document issued
by the County District Clerk advising the Respondent that suit
has been filed and that he or she should file an answer or else
a default judgment may be taken.
Standing Order
A standing order in a divorce proceeding is a protective
order prohibiting acts that would be harmful to the persons,
property and pets involved. All Dallas divorce petitions are
required to have the Dallas County Standing Order attached. The
standing order is immediately binding on the Petitioner when the
divorce petition is filed. It becomes binding on the Respondent
when the Respondent has been served or files an appearance.
Temporary Conservatorship
The most prevalent issue requiring the Court’s immediate
attention in a Dallas divorce proceeding is which parent is going to be the
primary conservator of the children. The term “primary” denotes
the parent who will have the right to establish the child’s
“primary” residence. The non-primary parent is generally awarded
“standard” possession, but split primary custody is a real
possibility, especially if both parents have been active in
nurturing the children. Generally, all other rights, powers, and
duties such as consent to medical treatment or the right to make
educational decisions, are shared equally under the technical
legal term of “Joint Managing Conservators”.
Temporary Support
If one of the parties or the children are in need of
temporary support in a Dallas divorce, an Application for
Temporary Orders is filed and set for hearing with the Associate
Judge of the assigned Court. In both Dallas County divorces and
Tarrant County divorces, Associate Judges help the family law
Judges manage their dockets by hearing all temporary matters. At
the temporary orders hearing each party will fill out a
financial information form setting out each party’s monthly
income and expenses. Based on the financial information forms,
the Associate Judge will enter orders attempting to insure that
priority debts get paid and that the parties financial suffering
is minimized.
Mediation
In a Dallas divorce proceeding, the issues between the parties
are identified and explored. If the parties to the divorce can
not resolve and settle the issues,
they are ordered to mediation. Mediation is a process
involving a neutral third party who facilitates discussions
between the parties in an attempt to resolve and settle the
issues. In most instances the parties are separated with their
respective lawyers into separate rooms and the Mediator travels
between these rooms conducting settlement negotiations. If
mediation is successful, a binding mediated settlement agreement
will be executed by the parties. If it is not, an impasse will
be declared and the parties will proceed to litigation.
Agreed Decree
After sixty days from the date of filing the petition,
the “cooling off” period, if all issues are agreed, the Court
may enter a Final Decree of Divorce. This document formally
divorces the parties, appoints the parents as conservators of
the children and divides the property, among other things. It is
also the document that will allow a spouse to revert to a maiden
name. The entry of a final decree ends the divorce process.
Trial
If all issues are not agreed, then a trial will be set.
Only issues of primary custody of the children and
characterization of property as community or separate may go to
a jury to decide. All other issues, such as division of the
property or ordering of rights, powers, and duties regarding the
children, are decided by the presiding Judge. Once the Court
rules following a trial, the final decree is entered and the
divorce is final.
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