A Texas Divorce Is Always a Lawsuit

No matter what type of divorce you think you’re getting—agreed, uncontested, collaborative, or mediated—in Texas, a divorce is always a lawsuit.

• Instead of plaintiff and defendant, the parties are called the petitioner and the respondent.

• Like any other lawsuit, there are only two ways it can end: settlement or trial.
  

People often resist that reality. They’ll say, “We’ll never settle, but I don’t want to go to trial.” Unfortunately, those are the only two choices.

Settlement Options in Texas Divorce

A settlement can happen in many ways:

• Kitchen table divorce: spouses sit down and agree to all terms themselves.

• Negotiated divorce: attorneys for each side trade proposals and negotiate terms.

• Mediation: a neutral third party helps the spouses reach agreement.

• Collaborative divorce: a structured, cooperative process involving attorneys and sometimes other professionals.

• Last-minute agreements: sometimes reached right before trial.
  

However it happens, settlement means both parties sign an Agreed Decree of Divorce. If settlement isn’t possible, the case goes to trial, where a judge (and sometimes a jury) makes the final decisions.

The Three Required Parts of a Divorce

Every divorce in Texas—no matter how simple or complex—must have these three parts:

1. Petition – The initial filing that starts the case.

2. Notice to the Other Party – Either by formal service (delivered by a constable, sheriff, or process server) or by signing a waiver of service (be careful before signing—you are giving up certain rights).

3. Decree – The final court order ending the case, usually titled Final Decree of Divorce or Agreed Final Decree of Divorce.
   

Those are the essentials. But a divorce can also include much more.

Discovery, Motions, and Temporary Orders

Because a divorce is a lawsuit, it can include the same tools used in other lawsuits:

• Discovery (requests for production, interrogatories, depositions, inspections).

• Motions (such as motions to dismiss, motions for summary judgment).
  

But divorces have something unusual compared to most lawsuits: temporary orders.

What Are Temporary Orders?

Temporary orders are court rulings that govern the parties while the divorce is pending. They can cover:

• Who lives in the house.

• Who drives which car.

• Temporary spousal support and child support.

• Temporary custody, visitation, and decision-making for children.
  

Temporary orders can be critical because divorces often take months or longer to resolve. They function as a “case within the case,” setting the rules until the final decree is entered.

Standing Orders

In many Texas counties, standing orders automatically take effect the moment a divorce is filed. These are court rules that restrict both parties from doing certain things—like hiding assets or disrupting children’s schedules—while the case is pending.

The petitioner is bound by them as soon as the case is filed, and the respondent is bound once they are notified of the case.

Final Thoughts

To summarize:

• A Texas divorce is always a lawsuit.

• Every case must include a petition, notice, and decree.

• The case may also involve discovery, motions, temporary orders, and standing orders.

• And in the end, there are only two possible outcomes: settlement or trial.
  

This is just the procedural overview. In future posts, I’ll dive into the substantive issues—property division, child custody, support, and more.

If you’re facing a divorce in Texas, the best first step is to talk with an experienced family law attorney who can guide you through both the procedural and substantive parts of your case.