What is the next step after filing a petition for divorce in Texas?

next step after filing for divorce

Navigating the Next Steps: What to Expect After Filing a Petition for Divorce in Texas


Going through a divorce is a challenging and emotional process that marks the end of one chapter and the beginning of another. In the state of Texas, filing a petition for divorce is just the initial step in a journey that involves several subsequent stages. Understanding the post-petition process can help individuals navigate this complex terrain with greater clarity and confidence. In this article, we’ll delve into the essential next steps after filing a divorce petition in Texas.

Service of Process
After filing the divorce petition, the next crucial step is to serve the other party with the legal documents. This is known as “service of process” and ensures that the other spouse is aware of the divorce proceedings. Texas law requires proper service, typically through a constable, sheriff, or a private process server. The service process may involve challenges if the other spouse cannot be located or is uncooperative.

Response from the Other Spouse
Once served with the divorce petition, the other spouse has a specific period, usually 20 days, to respond. They can choose to contest the divorce, agree to the terms, or file a counter-petition. If they fail to respond within the given timeframe, the court might proceed with a default judgment.

Temporary Orders
During the divorce process, parties often have unresolved issues that require immediate attention, such as child custody, spousal support, and property division. Either spouse can request temporary orders to address these matters until the divorce is finalized. Temporary orders can also establish guidelines for visitation, child support, and financial responsibilities.

Discovery Process
The discovery phase involves exchanging relevant information and documents related to finances, assets, liabilities, and other pertinent aspects of the divorce. This process ensures transparency and helps both parties make informed decisions during negotiations or court proceedings. Discovery methods may include written interrogatories, requests for production of documents, and depositions.

Mediation and Settlement
In Texas, many divorce cases are resolved through mediation rather than going to trial. Mediation is a facilitated negotiation process where both parties, along with their respective attorneys, work with a neutral mediator to reach a mutually acceptable settlement. Mediation can be a more amicable and cost-effective way to resolve disputes compared to a courtroom battle.

Preparing for Trial
If mediation doesn’t lead to a settlement, the divorce case may proceed to trial. Both parties will present their arguments, evidence, and witnesses in court. Preparing for trial involves building a strong case, organizing evidence, and working closely with legal counsel to ensure that your interests are effectively represented.

Finalizing the Divorce
Once all issues have been resolved either through settlement or trial, the divorce decree will be prepared. This decree outlines the terms of the divorce, including property division, child custody and support, spousal support, and any other relevant matters. Once both parties and the court approve the decree, the divorce becomes final.

Post-Divorce Matters
Even after the divorce is finalized, there are post-divorce matters that might require attention. These could include enforcing the terms of the decree if one party isn’t complying, modifying child custody or support orders due to changing circumstances, or addressing any other issues that arise as life moves forward.


Filing a petition for divorce in Texas is just the beginning of a comprehensive legal process that involves various stages and intricate procedures. While it can be a challenging experience, understanding the post-petition steps can help you navigate the journey more smoothly. From serving legal documents to resolving disputes and reaching a settlement, the path to divorce in Texas is multifaceted. With the right legal guidance and a clear understanding of the process, individuals can transition to the next chapter of their lives with confidence and a sense of empowerment.

Jesus R. Lopez

Learn More →