What is the "cooling off" period in Texas?
In Texas a decree for divorce cannot be issued unless 60 days have passed from the time of filing the divorce petition. This is considered as the "cooling off" period for the parties to a divorce proceeding to reconsider their marriage to attempt reconciliation if the petition was perhaps filed in haste at the Petitioner's request through his or her counsel or divorce attorney.
What is the Difference Between Contested or Uncontested Divorce?
Most divorce cases filed in Texas go uncontested, that is, both parties have agreed to the divorce and have agreed to the terms of the divorce from child custody, child visitation, and the division of the marital estate. Generally when the case is uncontested, the legal fees and costs are significantly lower than divorce cases that are contested. Divorce litigation in Texas can cost a good sum especially when parties to a divorce are each fighting over every issue in the marriage.
What is a Waiver of Service?
When a divorce case is uncontested, the other party, usually named the Respondent, or the spouse who did not file for the petition, generally signs a waiver of service. In Texas, Respondents, as with any Defendant in a civil lawsuit in Texas must be served with service of process including the District Clerk's citation of the divorce petition and the petition itself. Service is usually made by the Sheriff or Constable's office for a standard fee. Although the Petitioner can certainly hire or have the divorce papers served through a certified private Process Server.
What is the Discovery Process?
Discovery in a divorce lawsuit is the legal process whereby the parties by and through the respective legal representatives or divorce attorneys file discovery requests to discover or search for relevant evidence material to the case for each side of the divorce lawsuit. Discovery also allows for the full disclosure of factual evidence and legal arguments from both sides of the divorce case so that the merits of the case can be narrowed down before trial or that the parties can see the wisdom of settling the case or stipulating to certain facts or legal positions.
Discovery in Texas Divorce Lawsuits include:
1. Requests for Production or Inspection of Documents
2. Requests for Interrogatories of questions to each side regarding issues relevant to the case
3. Requests for Admissions of facts and legal positions that would narrow down the issues in the divorce case
4. Requests for Disclosures under Rule 194 of the Rules of Civil Procedure for disclosure of facts, witnesses, statements, evidence, and legal arguments or points of contention so as to facilitate the clarification of contested issues
There are also other means of discovery allowed in Texas for divorce cases including oral and or video depositions of parties and witnesses including that of expert and factual witnesses. Subpoena of records and non-party witnesses, and deposition by written questions propounded and given to witnesses such as custodian of records to determine and ascertain the validity of records, evidence and facts.
Difference Between Bench Trials and Jury Trials?
Parties can request for either a trial by Judge or trial by jury in Texas divorce cases. In a trial by judge or "bench trial", the divorce case and all issues contended are heard and decided upon by the court or judge, compared to a trial by jury, wherein the jury decides issues of fact but not issues of law or legal issues.