What happens in a divorce? A divorce is a type of civil suit. One spouse files papers with the court asking for a divorce. That person is the petitioner. The other spouse is called the respondent. The court will require a record showing that the respondent has been informed that he or she is being sued for divorce. There are two ways this can happen. The first option is for the petitioner to pay a process server to bring the notice to the respondent. Someone shows up at the respondent's home or job and delivers a copy of the petition. Alternatively, the petitioner can give the respondent a copy of the petition and ask him or her to file a waiver of service. Normally the waiver is a short legal document that basically says "I know I'm being sued for divorce; don't bother with the process server." This is the cheaper way to go, but it requires cooperation with the respondent.

After the petition is filed, a number of different things can happen. Ultimately, though, the goal is for you and your spouse, together with the advice and guidance of your attorneys, to draft a document that outlines what you want the terms of the divorce to be. This document is called a Final Decree of Divorce. There is a mandatory waiting period of 60 days from the time of filing of the petition before you can bring the final decree to the judge. After that, one or both of you go before the judge for a "prove up" where you swear that you agree to the terms set forth in the final decree. The judge signs it, and you're done.

If you can't agree to the terms, then you go to a mediation. If that doesn't work out, then you can have a trial on the issues that you disagree on. Usually these issues will relate to child custody or some question of property division.

Do I need at attorney to get a divorce? No; you can represent yourself, though I wouldn't recommend it. People often hold a number of misconceptions about their rights in a divorce. Not knowing your rights could lead you to an agreement where you are giving up more than you should.

My spouse has hired an attorney and filed for divorce. We both agreed to an uncontested divorce, but I was warned that if I hired my own attorney, it would become contested. How can I know my rights and make sure I'm keeping everything I should? Your spouse's attorney will send you a copy of the proposed Final Decree of Divorce and ask you to sign it. Before signing, call the Law Office of John Sharp to schedule an appointment. We can review and discuss the provisions in the decree. You will still be representing yourself, but we can give you a professional opinion on the fairness of the terms.

How much does a divorce cost? That really depends on how well you get along with your spouse. If the two of you can calmly discuss the desired terms and reach an agreement that you both think is fair, then you can sign up for an uncontested divorce. Many attorneys will charge a flat fee for an uncontested divorce, so you know going into it what the final price will be. The amount of that fee will vary depending on the attorney and on the complexity of your case. Cases with children or diverse assets usually require additional time to sort out, so an attorney is likely to charge more than for a divorce with no children or property. If the divorce is contested because you and your spouse can't agree to the terms of the divorce, then there is really no way to tell in advance how much it will cost. Attorneys charge an hourly rate for contested divorces. They will usually bill clients in increments of an hour. For example, if you call your attorney to ask a question or discuss an issue, the attorney may bill you for 6 minutes, charging you 1/10 of the hourly rate. This is something you can and should discuss with your attorney when you sign up. Frankly, the more things you fight over, the more it will cost.

A quick side note: be wary of ads offering an uncontested divorce for $200. If someone offers to handle your divorce for $200, make sure you understand what is included. In Harris County, the filing fee alone costs more than that, so you are not likely to be getting full representation.

I have specific questions about my own situation. What should I do? Call the Law Office of John Sharp to schedule an appointment.

Disclaimer: This article is intended for information only and is not legal advice. Every situation is unique and you should consult with an attorney regarding your particular circumstances.