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OBERHEIDEN LAW GROUP, PLLC
5710 LBJ Fwy, Suite 130 • Dallas, Texas 75240 • 1-800-810-0259
Divorce Timeline
Almost all divorce proceedings follow a standard pattern. A potential client meets with his or her attorney, they develop a plan; thereafter, the attorney and client initiate the divorce proceeding by filing for divorce, which puts the other spouse on notice. In general, the following steps describe what can be expected in a divorce proceeding:
Stage 1: Filing the Suit
The first step in a divorce is to find the right attorney; followed by an initial consultation. When you first hire an attorney, both you and your counsel will want to sit down and discuss the facts of your case. Since the attorney does not know you or the circumstances of your case, it is important to be fully honest with your attorney because this is when he or she begins to form a game plan for your upcoming divorce battle. Your attorney will outline any apparent difficulties present in your case but, nonetheless, you also should feel free to ask the attorney any questions that you have about the divorce process.
When the attorney has enough background information, the attorney will file for divorce, or, if the client was sued first, respond to the other spouse’s petition for divorce. Generally, the major documents are filed a few days after all of the papers given at the initial consultation are signed. The District Clerk’s office usually takes about a week to process the documents and then you will be contacted when the papers are ready. They will then be sent or served to the other party within a day or two. After being served, the other party has 20 days to file an answer with the court.
When the attorney has enough background information, the attorney will file for divorce, or, if the client was sued first, respond to the other spouse’s petition for divorce. Generally, the major documents are filed a few days after all of the papers given at the initial consultation are signed. The District Clerk’s office usually takes about a week to process the documents and then you will be contacted when the papers are ready. They will then be sent or served to the other party within a day or two. After being served, the other party has 20 days to file an answer with the court.
Stage 2: Fact-Finding & Discovery
The second step is to conduct discovery. Discovery is a legal term that describes the fact-finding investigation related to your divorce. Under the law, both parties are required to exchange information that is deemed relevant for the divorce process. The term “relevant” is used broadly. For example, it is absolutely common that the parties will have to reveal their past and current income, produce bank statements, and produce valuations of their businesses and firms. These requests occur in a number of ways. To start with, each side will serve general disclosure requests to the other side. They can be financial in nature, but such requests can also ask for health information or even regarding potential extramarital affairs.
Stage 3: Mediation & Trial
Mediation. Mediation is a structured conversation about settlement with both your attorney and your spouse’s attorney present. The goal of mediation is to reach an agreement on all outstanding issues, including but not limited to custody and child support payments. Mediations are conducted by mediators. Quite often, family law mediators are senior attorneys, who have served as family judges or worked as practicing family attorneys.
Mediations have several advantages. Unlike the more hostile trial setting, mediations take place in a friendly, casual, and private environment. This atmosphere and the experience of the mediator often expedite results. Instead of blaming and denunciating each other, the mediator is result-oriented and will prohibit any form of fighting or arguing between the parties — even if this means that the two parties are in separate rooms and the mediator just walks back and forth with suggestions until agreement is reached.
If the parties find a resolution of their issues, the mediator will present an irrevocable and binding mediation settlement agreement for the parties’ signatures. The mediation settlement agreement will then be incorporated into the final divorce decree. Note that mediations can take place at any point— from the day one party filed for divorce to the night before trial. All it takes to conduct mediation is the willingness of both parties to mediate their disputes with a neutral third party, the mediator. Routinely, courts order the parties to mediate before allowing them to go to trial.
Trial. When all attempts to settle have failed, your case will then proceed to trial. Trials are always heard by the district judge, and may involve a jury if you or your spouse has requested one. A family law trial will involve the same features as other civil trials. Integral parts of the trial include testimony from both parties as well as any other witnesses (including any expert witnesses) as well as opening and closing statement by the attorneys. The judge or jury will then resolve the issues based upon their understanding of the facts as applied to the relevant law. The results of the trial are final and binding. In few instances, it may be advisable to analyze the merits of an appeal of the judge’s or jury’s decision.
Statistically, trials in family cases are rare. About 95% of all divorces are settled before and instead of a trial. Nonetheless, in a great number of cases the threat of trial and litigation, the threat of putting the other side under oath, and the idea of telling a judge or jury the real side of the story might serve as such a great deterrence that it might be the only avenue to end the dispute.
Mediations have several advantages. Unlike the more hostile trial setting, mediations take place in a friendly, casual, and private environment. This atmosphere and the experience of the mediator often expedite results. Instead of blaming and denunciating each other, the mediator is result-oriented and will prohibit any form of fighting or arguing between the parties — even if this means that the two parties are in separate rooms and the mediator just walks back and forth with suggestions until agreement is reached.
If the parties find a resolution of their issues, the mediator will present an irrevocable and binding mediation settlement agreement for the parties’ signatures. The mediation settlement agreement will then be incorporated into the final divorce decree. Note that mediations can take place at any point— from the day one party filed for divorce to the night before trial. All it takes to conduct mediation is the willingness of both parties to mediate their disputes with a neutral third party, the mediator. Routinely, courts order the parties to mediate before allowing them to go to trial.
Trial. When all attempts to settle have failed, your case will then proceed to trial. Trials are always heard by the district judge, and may involve a jury if you or your spouse has requested one. A family law trial will involve the same features as other civil trials. Integral parts of the trial include testimony from both parties as well as any other witnesses (including any expert witnesses) as well as opening and closing statement by the attorneys. The judge or jury will then resolve the issues based upon their understanding of the facts as applied to the relevant law. The results of the trial are final and binding. In few instances, it may be advisable to analyze the merits of an appeal of the judge’s or jury’s decision.
Statistically, trials in family cases are rare. About 95% of all divorces are settled before and instead of a trial. Nonetheless, in a great number of cases the threat of trial and litigation, the threat of putting the other side under oath, and the idea of telling a judge or jury the real side of the story might serve as such a great deterrence that it might be the only avenue to end the dispute.