Family Law- Divorce Proceeding

Divorce proceedings in Rockwall and Hunt Counties are started by filing an Original Petition of Divorce with the District Clerk’s Office. In many divorces a Temporary Restraining Order (TRO) is filed concurrently with the Original Petition.

In Texas, a couple must wait 60 days before a divorce can be granted. The filing of the Original Petition starts the clock on the 60-day period.  In agreed divorces, this 60-day period is used to negotiate a settlement between the parties. Though there are many subject areas negotiated in a divorce suit, the most important are the determination of the conservatorship of the children (if any), child support, and distribution of the community estate. Limited discovery may take place during this time to identify all of the community assets.

If a settlement is reached, a Final Decree of Divorce is written and signed by the parties. When signed, and after the 60-day period has lapsed, the Final Decree of Divorce is presented to the judge for approval. Approval of the decree by the court finalizes the divorce and the couple will no longer be legally married.

Divorcing parents of minor children must take a parent education course titled Putting Kids First. Failure to complete this course will result in a delay of the courts approval of the Final Decree of Divorce and possible sanctions against the offending party. This class may be taken online at www.puttingkidsfirst.org.

As a general rule, if an agreement cannot be reached within 90 days after the Original Petition for Divorce is filed, the court will set the case for trial. The court will also require both parties to attend mediation.

David G. Couch | 685 Justin Road | Rockwall, Texas 75087 | (972) 771-9777