Family Law Attorneys

Texas Divorce Waiting Period

Texas Divorce Waiting Period

Texas Divorce Process Timeline

Almost everyone seeking a divorce wants a speedy divorce. But in Texas there is a 60-day waiting period before the contested or uncontested divorce can be finalized. You need to have lived in Texas for at least 6 months, and lived in the county where you will file for 90 days for you to file for divorce. The spouse that is served the petition for divorce needs to file a response within 20 days. An experienced and competent divorce lawyer can offer empathetic and personalized service that will lessen the stress that comes with filing for divorce.

 

How Quickly Can You Get A Divorce In Texas?

Taking into account that each divorce is different, a contested divorce can take between 4 to 12 months to finalize. Factors that make the contested divorce time frame vary include children in the marriage, extent of community property, the couple’s willingness to reach an agreement and more. The earliest you can get a divorce is on the 61st day after filing the petition for divorce. If there is child abuse or domestic violence in the marriage, then a divorce can be granted before the 60 days waiting period has expired.

Texas Divorce Process

Texas Divorce Waiting PeriodA mediation process where the couple attempts to reach a mutual agreement often takes place first, but it is not unusual for it to happen before the final trial. Usually it is the judge that makes the couple go for mediation before the final trial. A neutral party works with a divorcing couple to help them reach a mutual agreement on issues in their case during divorce mediation. The mediator is not a judge but a facilitator that helps the couple agree on child support, spousal support, property division and other issues.

The second step is the discovery phase in which the couples request for information such as witnesses, finances, personal property or real estate, tax information and so on. Divorce attorneys representing the two parties ten analyze the documents and other information to help them address issues such as child support, alimony, property division and other divorce issues.

After all the analysis is done, the divorce proceedings begin. Identification and division of community property is an issue that often dominates divorce proceedings. For example, deciding whether a certain property is a community or separate property, or deciding whether a spouse should be reimbursed for investing in the other spouse’s separate property and so on.

When Can You Remarry?

You are free to remarry 31 days after the judge enters a decree of divorce or after the divorce is finalized. There are a few exceptions to this rule such as for military members that are about to be deployed across the country or overseas, or if you or your new spouse is seriously ill. Your divorce lawyer has to file a petition to have the 30-day period waived in this situation. If you ignore the waiting period and marry your new spouse, your marriage will be considered void by the state. But you and the spouse you just divorced can remarry at any time without having to wait that long.

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