How Does The Process Of A Typical Divorce Work In Your State?

In my experience, the average contested divorce case can take up to two years before there’s some final resolution, either through settlement or trial. In the interim, in cases involving children, there are a lot of matters that have to be resolved. If they can’t be resolved informally, there are temporary order hearings that have to be entered. All sorts of things have to be thought about and determined. Health insurance is a very important consideration, in terms of who’s going to be providing it for the children. The process starts with the filing of a divorce petition. It is a formal lawsuit and the other spouse is served with the petition. In most cases, they will then hire their own attorney. There’s a lot of emotion involved in divorce cases.

Like any other lawsuit, there’s formal discovery including depositions and the exchange of documents. After this discovery process is completed, there’s either an agreement reached or the issues are presented to a judge for determination. That can take 18 months or longer, depending on the complexity of the particular case.

Which Party Generally Has To Pay Alimony Or Spousal Support In A Divorce Case?

Texas has very specific rules on spousal support and is still is not fully on board with what’s generally referred to as alimony. It’s very difficult to obtain spousal support after a divorce in Texas. There are specific enumerated factors that a spouse seeking support must meet. He or she has to present evidence of those factors which include, for example, health issues, retraining issues, or schooling issues. If the spouse has worked outside of the home, the court is usually is not going to order spousal support. However, in most cases, if there’s some earning disparity, it’s likely that the parties are able to negotiate some spousal support as part of a final resolution.

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