How Long Does a Divorce Take In Texas? is a tricky question, because the timeline of the divorce process in Texas depends upon various factors like the type of divorce you are pursuing, custody issues, filling process, etc.
The factors mentioned are explained in detail in the article. Read the article to determine your divorce timeline in the state of Texas.
How Long Does a Divorce Take In Texas?
A divorce can be granted by a Texas court, but only after it has been on file for at least 60 days. The Court will use this data to compute the 60-day timeframe. Most divorces take longer than 60 days to complete, even if they do result in a settlement.
– Being “On File”
What does it mean to say “on file”? When a party files for divorce in Texas, the divorce petition will be stamped with a “file stamp,” which will identify the date the case was filed with the Court (typically at the top right of the page in bold letters).
Texas divorce may be a difficult and taxing experience. While juggling a job, family, and other duties, it will take up a substantial amount of your time, energy, and thoughts.
You may be wondering how long a divorce takes in Texas whether you are planning to divorce or are presently going through one. This is a reasonable question that completes after following the formal divorce procedure.
However, there isn’t a simple answer. The length of the Texas divorce depends on the conditions and difficulties involved. A divorce, for example, can take longer if there are children involved, if there are considerable assets to divide, or if there are other factors.
Factors That Affect The Length of Divorce Takes in Texas
This inquiry does not have an accurate or certain solution. However, by taking into account a few essential elements, you will be able to offer yourself an estimate of how long your case will take. The fact is that the duration of your case is determined by both you and the other side. How much can you and the other side agree on without the need for judicial intervention? What will it take to serve the other party, and how tough will it be?
– Length Based on The Types of Divorce
In Texas, there are two forms of divorce: contested and uncontested. A disputed divorce takes longer because one or more issues, such as child custody, cannot be resolved. If the couple agrees on all subjects and conditions in the other divorce, your divorce may be finalized sooner.
Even in the case of an uncontested divorce, there is an obligatory waiting time. Filing for an uncontested divorce expedites the process. In a disputed divorce, you’ll have to hash out all of the remaining issues, such as spousal maintenance, child custody, and property distribution.
You can submit your documentation to have a judge evaluate it as quickly as possible if there are no disagreements. Before issuing a divorce, the family court judge will review the agreement to ensure that it complies with the law.
If you’re seeking an uncontested divorce in Texas, you might think that hiring a lawyer isn’t essential. However, consulting with divorce lawyers is usually a good idea. You could be consenting to a divorce settlement agreement that includes certain conditions that are unfavorable to you.
Whether you file either divorce, the key issue that might affect how long your divorce takes. While any remaining concerns can be resolved swiftly, the 60-day waiting time is unavoidable.
– Children Involved
The presence of children is one of the most prominent factors that influence the divorce timeframe. The presence of children in a divorce case significantly enhances the case’s complexity.
Finally, the length of time it takes to finalize a divorce including children is determined by the degree of a dispute between the parties. When it comes to child custody disputes, parents who are on the same page save time in court.
If there is a disagreement, you should anticipate spending a significant amount of time settling on arrangements for the kid(ren) and their care, determining child support payments, and establishing a visitation schedule.
Divorce with children is complicated, and it needs the assistance of a knowledgeable family law attorney. Even if the lawsuit goes on for a long time and you just want to move on, you don’t want to give up your parental rights.
It’s vital to understand that Texas courts believe that having ongoing contact with both parents is in the kid’s best interests, barring any issues that would render one parent unable to care for the child.
This indicates that, if feasible, the courts feel the child should be reared by both parents. As a result, unless there is a history of abuse, obtaining exclusive custody is extremely difficult. If you believe that child custody or support will be an issue in your divorce, you should get legal advice from an attorney.
– Method of Dispute Resolution
This element considers whether or not the divorced spouse can work together. If there seems to be bad blood between the parties, it may take longer to reach an agreement and discuss each element of the divorce.
One side may dig in its heels and make specific demands or expectations, necessitating several meetings, talks, and court appearances. The divorce timeframe will be extended until these difficulties are resolved to the satisfaction of all parties concerned.
In mediation, a neutral third-party, the mediator, will facilitate you and your spouse to reach an agreement on your divorce terms.
It is another option to consider if you want someone other than a divorce attorney to assist you with the bargaining process. It’s a hybrid of mediation and courtroom proceedings.
Both parties will need to employ an attorney, and it’s critical to choose one who has expertise in both family law and collaborative divorces.
You’ll then engage a few different professionals to represent your and your spouse’s interests, such as a kid specialist or a financial specialist.
In a series of sessions, you will meet with all of the attorneys and professionals to try to reach an agreement.
It is becoming more common and using an online divorce service provider. Some people like to think of it as a do-it-yourself divorce with some aid. This can save you money on legal expenses, court fees, and the stress of filling out your own divorce papers.
For spouses wanting an uncontested divorce, online divorces are an excellent alternative since they allow them to work out an agreement without the assistance of a lawyer. The latter can also aid in the speeding up of the divorce procedure.
– Asset Division
The division of assets has a considerable impact on the divorce timeframe. Because Texas is a community property state, all assets obtained during a marriage are regarded jointly held by both parties. As a result, during a divorce in Texas, assets are usually divided in half.
However, if one spouse feels that certain property should be treated differently (for example, a boat, a second house, or a certain car), the court will intervene and ask for proof. This necessitates meticulous documentation as well as a paper trail to back up the claim. Sorting with this problem will undoubtedly lengthen the texas divorce process.
Commingled bank accounts, assets related to enterprises, and when a couple has a substantial amount of assets to split are some of the other asset concerns that may arise. Nonetheless, if you and your spouse have a prenuptial agreement, the split of the property will likely be easier and faster.
The Steps in the Process of a Divorce
You’ll need to acquire and organize more detailed financial documents for the other party’s disclosure. Since contentious issues may rest on your factual disclosures, the level of accuracy necessary is higher.
Prepare for the reality of a contested, competitive case as well. The qualifications are more stringent and take a little longer to complete. You can’t relax about requirements or take anything for granted unless the case starts with an uncontested filing.
While these procedures may appear perplexing and weird to you, there are six common stages that most divorce cases go through:
– Starting the Divorce
In every civil action in Texas, this is the initial stage. The Petitioner (i.e. the first person to file) must serve the opposing party with the lawsuit when it is filed, whether it is to change custody or to get divorced, to mention a few instances.
If the Petitioner has also requested a hearing, the hearing date must be acquired first, followed by adequate notification of the hearing date. On the surface, servicing appears to be rather straightforward. However, a deeper examination reveals that this is not always the case.
– Temporary Orders
You both attempted to reach an agreement but were unable. As a result, you must appear at a hearing. The Court will decide what temporary orders will be issued. In other words, until the matter is resolved, the Court will rule on how the couple will function.
The Court will determine who will live in the marital home, with whom the children will live, who will choose the children’s schools, and who will pay any interim spousal and/or child support while the case is underway. This phase is primarily dependent on the parties‘ cooperation and the date of the case’s ultimate trial. Whether the parties have gone to mediation and reached an agreement
– Answer To Be Filed and Served
The second phase is primarily a waiting game. A response to the lawsuit must be submitted and served on the Petitioner by 10:00 a.m. on the first Monday after 20 days have passed since the initial (i.e. the Petitioner’s) petition was served.
Under Texas law, this is an oddly phrased provision, but to put it in context, the Respondent will have around 30 days to answer to the initial case. They will do so by delivering their written response to your current lawyer.
Most responders, understandably, do not wait until the deadline and instead file a response as soon as they are served. When you file an answer, your case is formally started, and you will go on to the next step.
– Settlement Discussions
The length of this period is mostly determined by scheduling and the couples’ cooperation. This is also the period in which the parties if they agree, have total discretion over the conditions of their binding interim orders.
To begin, the spouses will usually choose a mediator with experience and availability to arbitrate the dispute. At this point, the spouses are likely to try to resolve as many concerns as feasible in the case (prior to having a hearing on the issue). Even once the parties have picked a mediator, the procedure will take some time since the availability and schedules of various persons must be taken into account.
– Trial (if no settlement)
A final trial is a hearing in your case scheduled for a particular day and at which the Court renders final decisions on all of the case’s outstanding issues. The trial will span one to two days in most cases.
After the Court hears the evidence and issues a judgment, one of the parties’ attorneys will design the final order and any property transfer paperwork in accordance with the Court’s rulings. The Final Order will be presented to the Court for approval when it has been prepared, agreed upon, and signed by all parties (the Judge will sign the Final Order if it is in accordance with the Court’s judgment).
Although each divorce case has its personality, most divorce cases follow these fundamental processes in some form or another. Each step should be discussed with your lawyer. They can provide you with more specific information about how your case will likely progress.
– How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?
Legal separation is not recognized in Texas. As a result, no separation time is required before filing for divorce in Texas. If you want your fault-based divorce to be based on separation, you must be separated from your husband for at least three years (also known as living apart).
– How Much Does a Divorce Cost in Texas?
Every divorce is unique, and some divorces are more costly than others. Some divorces may be completed in a matter of months and cost the parties only a few thousand dollars. Other divorces may last considerably longer and cost each party thousands of dollars.
The more contentious the problems, the more expensive the divorce will be. It’s impossible to put a cash figure on how much a divorce will cost because the answer is highly dependent on the length of time it takes to complete the case. It is far more expensive than a divorce in which the parties agree on all of the points in their case if multiple hearings, mediation, and a trial are required.
Each divorcing couple is unique, the cost of a divorce is difficult to estimate and varies based on how the criteria listed above relate to your divorce case.
In conclusion, don’t hold your breath if you’re looking for a quick divorce. A divorce in Texas does not become final until at least 60 days after the petition is filed. A divorce can take somewhere between six months to a year or more to finalize, depending on the intricacy of the problems and the level of contention. Further, we conclude the following:
- The length of the divorce depends on the conditions and difficulties involved. A divorce, for example, can take longer if there are children involved, considerable assets to divide, or other factors.
- If there is a disagreement, you should anticipate spending significant time settling on arrangements for the kid and their care, determining child support payments, and establishing a visitation schedule.
- Although each divorce case has its personality, most divorce cases follow these fundamental processes in some form or another. Each step should be discussed with your lawyer. They can provide you with more specific information about how your case will likely progress.
- For spouses wanting an uncontested divorce, online divorces are an excellent alternative since they allow them to work out an agreement without the assistance of a lawyer. This can also aid in the speeding up of the divorce procedure.
You can now file for a divorce in Texas in one of the methods prescribed in this article. Consult a divorce lawyer to avoid risks.
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