Moreover, certain documents must be prepared before finalizing the divorce. Depending on where you live, these documents may include requests for temporary orders for child support or spousal maintenance. Additionally, if either spouse contests any part of the divorce proceedings, then additional court hearings will be required to settle those disputes before an agreement is reached. An experienced lawyer can help make sure that all necessary steps are taken in order for the process to move quickly and smoothly. With assistance from their experience legal team, answering your questions about how long it takes to get divorced in Texas is made easier so you can focus on moving on to your future happier life faster than expected.
Starting Your Marriage DissolutionIn Texas, in order to begin the process of dissolving a marriage, the Petitioner must have been a resident of Texas for a minimum of six months and a resident of the county they are filing in for 90 days before they can submit their petition. The petition is best filled out with help of an attorney because it will include guidelines such as child support and child custody rights.
Since immediately discussing this issue with the other spouse could create tensions and make it difficult to settle, a judge can award temporary orders until the case has been settled. These orders usually appertain to issues such as having temporary residence in the family home and visiting rights for children which can then be renegotiated if necessary during or after the trial stage.
Therefore, it is recommended that anyone filing for divorce should get legal advice from an attorney so that they can understand their rights and how best to proceed through this lengthy process that ultimately culminates in dissolving a marriage partnership. This process also gives couples time to work together on reaching agreements that may suit both parties better than what might be awarded by a judge following trial proceedings. Learning about your rights and familiarising yourself with local laws helps you make informed decisions during this painful legal.
Uncontested Divorces vs. Contested DivorcesWhen it comes to divorce proceedings in Texas, a couple has the option of filing an uncontested or contested divorce. Uncontested divorces are usually quicker and less expensive since, as their name suggests, both parties involved agree about all of the outstanding issues relating to the divorce.
In an uncontested divorce, both parties must prepare a Marital Settlement Agreement outlining all decisions regarding property division, child custody, support, and alimony payments if any. The agreement is then signed by both parties before being filed with the court along with other required documents. The process takes 61 days from start to finish which includes the waiting period required before a final order is issued.
Contested divorces take significantly longer than uncontested ones for obvious reasons - both sides need time to prepare evidence and present arguments in court. Both sides must also serve written notice on each other as well as file pleadings alleging claims and defenses. If neither side can reach an agreement, then the case may need to go to trial where a judge will ultimately make a decision based on the evidence presented by each party and Texas statutes.
What Are the Proceedings of a Divorce Trial?When a couple is filing for a contested divorce, they will proceed through several steps which include negotiations and ultimately trial if the mediations are unsuccessful. The first step of the process is often called “discovery”, where both parties have a chance to share information about their marriage, including financial documents, employment records, and other relevant evidence.
Both parties may also be required to attend depositions in order to answer questions that may be pertinent to their case. Once this phase is completed, mediation typically follows next in order to discuss the terms of the divorce. Mediation allows spouses to negotiate on different issues such as alimony payments, asset division, and child custody and support without involving any lawyers or going to court.
However, if this proves unsuccessful between both parties a judge will then make the final decision in the trial based on all of the factors collected so far throughout the discovery phase. During the trial, each spouse will present arguments and rebuttal evidence before making their closing remarks while putting forward their desired outcomes related to property division or child custody arrangements. The judge will then make a decision or ruling on each aspect of the divorce and overrule agreements made in mediation that he or she finds unfair or unjust under the law.
Talk to a LawyerAn experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.