Is a Dissolution of Marriage the Same Thing as a Divorce?

In Texas, you may hear the terms “dissolution of marriage” and “divorce” used interchangeably. There is a good reason for that: A dissolution of marriage is the same thing as a divorce. It is effectively the name of the formal process through which married couples get divorced. Indeed, Texas law recognizes divorce as the official method for dissolving a marriage. There are specific procedures that you must follow in order to dissolve your marriage in Texas. In this article, our Houston divorce attorney provides an overview of the state’s process for divorce.

The Divorce Process Starts With Filing a Petition for the Dissolution of Marriage 

Divorce is a formal process. If you want to dissolve your marriage in the eyes of the law, the proper paperwork must be filed. The Texas divorce process begins when one spouse (petitioner) files an Original Petition for Divorce with the district court in the county where either spouse has lived for at least 90 days. Notably, at least one spouse must have lived in Texas for the previous six months to file in our state at all. The petition outlines the basic facts of the marriage and the relief sought, such as property division, child custody, and spousal support. If it is an uncontested divorce, a couple can work together and waive the service of process requirement. However, if only one spouse is filing, the other spouse must be properly served with the divorce petition.

 There is a Divorce Waiting Period (Temporary Orders May Be Issued) 

Your divorce cannot be finalized on the same day that your petition is filed. That is true even if you and your spouse have already worked out all the key issues and want to get an uncontested divorce. Texas law imposes a mandatory 60-day waiting period from the date the divorce petition is filed before a court can finalize the divorce.

Note: During this time, the court may issue temporary orders to address immediate issues such as parenting time, child support, use of property, and payment of bills. Temporary orders are more common in cases where there is some degree of conflict. They may not be necessary if you and your spouse are able to cooperate.

 The Divorce Process Moves Forward (Discovery and Negotiation) 

If you and your spouse have already settled everything, your divorce can be finalized as soon as the waiting period ends. However, if no full settlement has yet been reached, your case is technically on the track to litigation. Of course, only a small share of divorces ever get to trial. Most can be settled.

Discovery is a part of the process that often helps to move things forward. During discovery both parties must exchange relevant information, such as financial records, property details, and information related to parenting. Before, during, and after discovery, there will often be settlement negotiations. Mediation may be an option for working towards a divorce settlement.

 Finalizing the Divorce (With or Without Trial) 

If the parties agree on all terms, they can submit a Final Decree of Divorce for the judge’s approval after the 60-day waiting period. If disputes remain unresolved, there will be options along the way for attempting to reach a settlement. However, if no settlement can be reached, the divorce case will eventually proceed to trial. During a full divorce trial, each side will have the opportunity to present their evidence and their arguments. If a last minute settlement cannot be reached, the judge will make decisions regarding property division, spousal maintenance, child custody, and child support.

 Contact Our Houston, TX Divorce Lawyer for Your Fully Confidential Case Review

At Lindamood & Robinson, P.C., our Houston divorce attorney provides proactive advocacy. Are you ready to seek a dissolution of your marriage? If you have any questions about the divorce process, please do not hesitate to contact us today for a confidential consultation. We provide family and divorce representation in Houston and throughout the wider region.