Texas Divorce Process Timeline
By Cassandra Daniels | December 30, 2021
Divorce timelines look different on a state-by-state basis. Divorces can be complicated, and Texas has its own set of rules for how, when, and on what grounds you can get a divorce.
It’s certainly not impossible to legally end your marriage. But no matter how quickly you or your partner might want to get divorced, the timeline depends on a few factors. To start, a large amount of the timeline depends on you. Your cooperation and response to the necessary steps is critical to efficiency. On the other end, your spouse’s participation will have an impact. Together, your ability to agree with one another or reach mediation will also determine how long your divorce takes.
But, the fact is some parts of the timeline are completely out of your hands. So, mark your calendars and remain patient while you work with an attorney who can help. Choose an attorney experienced in divorce and family law to ensure yours is completed as quickly as possible.
Need a divorce? Call the Daniels Law Firm today to get started.
Legal Divorce Timelines In Houston, Texas
Every legal action requires a process. Getting a divorce in Texas is no different. You feel like you’ve been through enough and are ready to move on. Your soon-to-be-ex-spouse may or may not feel the same way. However, if you’re serious about filing for divorce, you need to do just that to get the process going.
Hire a legal team with experience and advanced expertise in divorces in Texas. Contact the Daniels Law Firm before you file.
Petition For Divorce
The first step is to file an Original Petition for Divorce with the court in the correct jurisdiction. Once your petition for divorce is filed, you’ll receive a case number you can refer back to when necessary. There will also be a 60-day waiting period, regardless of whether your divorce is uncontested or not. In Texas, it’s considered a “cooling off” period.
An attorney will help you through this process to ensure that you’re filling out everything needed and sending it to the right place. Keep in mind that you will need to pay for any court fees involved. It’s also important to note that filing for divorce is not the same as being divorced. Your divorce in Texas isn’t finalized until the final divorce decree is signed.
Divorce Proceedings
If you’re the one filing the petition for divorce, you’re known as the “petitioner” in your case. Your partner will then be referred to as the “respondent”. This is because your spouse will be given a legal notice and ordered to respond to your petition typically within about 20 days.
A response from the other party doesn’t mean you’ve come to an agreement. In fact, so far, nothing has been discussed regarding financial terms or any division of assets. However, you should think about and discuss with your attorney what your requirements are moving forward with your divorce.
You don’t want to go through your divorce guessing or coming up with terms without thinking it through. With this said, now is a good time to have a serious discussion with your lawyer about child custody and support, if needed.
Negotiations & Mediation
An informal negotiation is the more affordable and less time-consuming route you can take. Now that you’ve considered what’s best for your children and yourself, it’s time to put those decisions down on paper.
It sounds simple, but the mediation process can wind up being more complicated than you had hoped. In an ideal situation, everyone would get their way and arrive on the other side of their divorce with everything they wanted. The reality is that certain aspects of your divorce can be tough to navigate. This is especially true if you have children. In the event that you and your partner cannot come to an agreement, you’ll see the inside of a courtroom more than you’d like.
When it comes to specific matters such as child custody, child support, debt, and other more complex issues, a judge may need to be involved. It’s not ideal, but you and your spouse must agree on a settlement and terms before you can get divorced.
In addition to your family, your assets are also important. You may think you don’t have much between the two of you. Nonetheless, negotiations may be necessary when it comes to some of the following:
- Estates and property
- Cars and other vehicles
- Savings and investments
- Retirement accounts
- Debts
- Valuable assets and more
However long it takes to reach an agreement will determine the amount of time you stay legally married to one another. If your divorce is uncontested or you’ve reached an agreement, you will still need to appear in court for the hearing as the party who filed for divorce.
Free & Clear For Remarriage
You’ve reached an agreement, and you can finally see the finish line. Whether you’re elated, distressed, overwhelmed, or filled with emotions that feel bittersweet, you’re almost there.
When you get to this stage of your divorce, the final decree is signed. But you’re not done yet – there is a 30-day waiting period following the signing of the final decree until you can remarry.
Do You Have Questions About Getting A Divorce In Texas?
Hire an attorney with the answers. Daniels Law Firm won’t decide on your estate and assets for you, but we will take care of everything you need to move your divorce along in a timely manner.
If you have a family to consider, you need a lawyer with experience in child custody and child support cases. Cassandra Daniels takes action leading your case with years of expertise and dedication to your goals. You’ll never be at the mercy of a paralegal or legal assistant to communicate with you throughout the process. Cassandra Daniels handles each case and client with the one-on-one attention they deserve.Need a divorce attorney in Texas? Daniels Law Firm can help.