What To Expect During Divorce Litigation

If you live in Texas and are considering divorce, you may have a lot of questions about the process. This is an emotionally difficult and stressful time for everyone involved, so take a moment to learn about the process before you get started. The first step in divorce litigation is filing the petition for a divorce. In order to do this, both married persons must show that they have lived in Texas for at least six months and in the county where the petition is being filed for at least 90 days. Once the petition is filed, the other party (the partner you’re divorcing) will receive a copy and have an opportunity to respond.

Before divorce litigation begins, parties may file for one or more TROs (temporary restraining orders). This can include agreements for couples to stay away from each other, their home, their bank accounts, and their children. If a TRO is part of your divorce litigation, it may be beneficial to hire a lawyer to represent you, especially if you take issue with the terms of a TRO.

Next there will be a discovery phase that often includes depositions. This is when both sides explain relevant factors in the divorce and outline the terms they desire. You’ll want to hire an attorney with experience in divorce litigation for this part of the process too so that you can have reliable advice about how to get the most out of the discovery phase.

If parties are in disagreement about how things should proceed, there can be a trial before a judge. This may mean testifying or bringing in witnesses to give evidence about specific incidents that could affect the judge’s decision, and is another instance when having an experienced divorce litigation attorney can be incredibly valuable. Most lawyers recommend that you confer with a legal professional before the first papers are filed. The lawyer you choose should be easy to talk to and upfront about fees and expenses. Having the right attorney on your side can go a long way toward helping you get the results you want.


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