Texas is a "no-fault" divorce state. If one party to a marriage feels that the marriage has become "insupportable" (incompatible) because of a personality conflict and there is no reasonable expectation of reconciliation, this is sufficient grounds for a divorce. Additionally, in some cases "fault" grounds are an additional consideration.

The first step is the preparation and filing of a Petition. The Petition states the names of the husband, wife and all children born or adopted during the marriage; when you were married, and when you separated; that the residence requirements have been satisfied; and that the marriage should be dissolved. It also asks the Court to name a Conservator for the minor children of the marriage and if you and your spouse cannot agree, to provide for support, visitation, property division, attorneys fees, and court costs.

Once the decision is made to initiate formal divorce proceedings, the first task is to provide your spouse with formal notice of the proceeding. This can be done in several ways. If you are on reasonably friendly terms with your spouse, and if your spouse knows that you intend to file a Divorce Petition, we can mail a copy of the petition with a letter requesting that your spouse promptly get in touch with an attorney of his or her choice, or that your spouse sign a Waiver of Citation and return it to us. YOU SHOULD NOT SIGN A WAIVER OF CITATION UNLESS WE HAVE SPECIFICALLY ADVISED YOU TO DO SO.

If your spouse has demonstrated an intention not to cooperate in the divorce proceeding, or if the spouse has threatened to leave the jurisdiction of the Court, or if an emergency situation exists requiring immediate action, we will place a copy of your petition in the hands of a Deputy Constable or Deputy Sheriff, and ask him to deliver the copy to your spouse. This is what is ordinarily called "Service of Citation" or "Service of Process." It involves only the delivery of the papers and does not require any signature by your spouse. Many persons view service of process as embarrassment. Service of process is in fact a legal right guaranteed by the U.S. Consitution that any person against whom a complaint has been filed is entitled to formal notice of the claims being brought against him or her, and should not be considered an embarrassment.

If your spouse has already left the jurisdiction, or you are unaware of his or her whereabouts, it is still possible to proceed with the Divorce action by having the citation published in a newspaper or posted at the Courthouse. There are, however, certain special problems and exceptional expenses involved in this procedure, and your attorney will discuss this further with you, if appropriate to your case.

If your spouse has already filed, be sure to bring a copy of the Petition to the initial consultation, especially if you have been served by the Sheriff or Constable.

The Court has the power to make virtually any kind of order which may be required to govern the relations of the parties while the Divorce suit is pending. These include orders for Temporary Support, Injunctions aimed at maintaining the status quo as to property and debts, and Injunctions concerning personal behavior. When a properly sworn petition has been filed, the Court can even make certain kinds of orders of limited duration without a hearing and without notice to your spouse. However, in all cases except where temporary orders are agreed to, a hearing must be held to obtain orders which will last until the case is concluded.

Gathering accurate information concerning your income and expenses, property and debts, is of vital importance to your case. This is commonly referred to as the "Discovery Phase" of a divorce proceeding. You will be asked to furnish your attorneys with as much information as you have in your possession, and we will supply you with certain forms to aid you in this task.

Once we have all the necessary information, we will have a conference with you to work out an initial settlement proposal, covering all issues which must be resolved. We will, of course, be guided by your own desires, but we will also advise you as to what you can realistically expect to obtain. Parenting Classes: Both parties are required to attend a 4 hour parenting class in cases with children. Your attorney will provide more information on this topic.

If an agreement is reached through mediation or other types of negotiations, it will be reduced to writing, either in the form of a Decree of Divorce alone, or in the form of a Mediated Settlement Agreement or Rule 11 Agreement drawn in conjunction with a Decree of Divorce. The specifics of the language used in such documents is very important and ordinarily a fair amount of time is required in working out an agreement as to specific language if your spouse is also represented by counsel. If no agreement is reached through negotiations, this phase of the proceedings will be omitted.

If negotiations do not produce a settlement, the attorney will present your case to the Court, and let the Court decide the issues. Ordinarily, a judge sitting alone without a jury will make the decisions. However, in some cases, including child custody cases, you have a right to require a jury of twelve citizens to decide certain questions.

One of the major considerations in any divorce is "who gets what property." The Family Code provides that anything you and your spouse have acquired since marriage is "Community Property," except for property which you have inherited or which was given to you. Property acquired during marriage by gift or inheritance is called your "separate property." In a normal case, the community property will be divided, but any separate property will remain the separate property of the original owner.

Keep in mind that these are only the basic laws. There are other laws which sometime come into play and we will advise you of any special laws which affect your case.

If there is no appeal, your divorce will be final the day it is granted in Court or on the day the Judge signs the Decree if that date is later.

We will make every effort to keep you informed. You will receive copies of all documents prepared or received by us. At the time of your initial appointment, one of the members of the staff will be assigned to your case to be available to answer your calls. That person will be easy to reach and can give you information or take messages, but cannot answer your legal questions. Try to work with that person. It will make things easier and will hold down the cost of your divorce. In performing legal work for you, we provide an experienced attorney, competent staff support, modern equipment, and research library facilities. Your legal problems are given our continuing personal attention to obtain the best results possible in the most reasonable time and at a reasonable cost.

Your well-meaning friends and associates may offer you advice about your case. Frequently such advise is not accurate and you should be cautious in following it. The facts surrounding your marriage, divorce, children and property are unique and they differ from every other case. Divorce proceedings are very emotional and parties sometimes use them to seek revenge. Sometimes one parent will use the children in an attempt to punish the other parent. Prepare your children properly without poisoning their minds about your spouse. Obtain professional counseling if possible. Attempt to cooperate with your spouse where the children are involved. Cooperate in all reasonable dialogue to attempt a settlement of the issues. Be fair.

Thank you. We appreciate the opportunity to be of service to you at this particularly difficult time. Thank you for your trust and confidence.