Ending your marriage is not a simple decision. There are many aspects to consider, but more importantly, you must map the legal path and process. States have different laws regarding a waiting period for a divorce, and in Texas, the minimum time cap is 60 days. From the day the divorce is filed, it will take at least 61 days to finalize the process. Before you make a decision, ensure to click here to get exceptional legal advice. Here’s all about divorces in Texas.
Uncontested Divorce in Texas
If you and your spouse agree to the critical aspects of the divorce, that is the quickest way to end the marriage in Texas. These key aspects include matters like child custody, alimony, asset distribution, and child support. You can file for an uncontested divorce, which is not as expensive and will end soon, hopefully within 61 days. The 60-day waiting period is mandatory even for uncontested divorces, and given that courts are dealing with full dockets all the time, you can expect some delays, but it doesn’t extend beyond a point.
Steps in the divorce
- Pre-filing: This is when all the brainstorming starts, where you decide whether the divorce is going to be a contested one and whether you want to end the marriage in the first place. If you have made up your mind, you should speak to a divorce lawyer soon.
- Filing the petition: Either party can file papers in the court stating the marriage must be dissolved. There are residency requirements – The party filing for divorce must have lived in Texas for at least six months and within the county (where the papers are being filed) for three months at the minimum. You can also file documents stating what you wish to do with the critical aspects listed previously. It can take a while to draft and file the papers.
- Waiting period: Next, you are required to wait for 60 days to get the divorce. If there is domestic violence involved, the court may decide to waive the waiting period.
- The response: The other party will get the divorce papers and is expected to respond to the petition, for which they are given a time period of 28 days. If you need temporary orders, you can contact the judge for that.
During the final hearing, the court will pass judgment. If this is an uncontested divorce, you can expect immediate resolutions. For contested divorces, the process can take longer.