Whether you have children with your spouse affects this timing: about 10 months if no children and about 14 months if children are involved. If you and your spouse agree on most issues, the details of your divorce could be settled relatively quickly.
- General Divorce Questions & The Divorce Process.
- Texas Divorce Laws & Waiting Periods.
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For example, an online service for uncontested divorces can help a couple come to a resolution in as little as a month. By law, however, it takes 60 days before the marriage is legally ended. Online divorce services are for couples who can work together on divorce terms and who agree on most issues.
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To use one, you need to:. Once you purchase a plan with your online divorce service, you will be given the relevant divorce forms for your county. Online divorce services like Wevorce and MyDivorcePapers make it easy to quickly get the divorce process rolling. You will also be given instructions on how to file the documents with your local court. Rest assured that your online divorce service will guide you from the beginning to the end of the process, when you can move on to healing. As long as either of you has lived in the state for the previous six months, you meet the state residency requirement to be divorced in Texas.
Divorce in Texas | DivorceWriter
You or your spouse just need to be living in a county for 90 days before the divorce is filed in that county. In this case, you can file for divorce in Harris County, or your spouse can file in Dallas County. However, you first need to make an exhaustive good-faith effort to locate your spouse.
For example, you might check telephone listings, use private investigators or look through property records. This means you publish a divorce summons in a newspaper. Go to site. Division of property Custody of children Child support.
Facts About Divorce in Texas (How Long Will It Take to Get Divorced?)
Visitation rights Alimony. Access a database of licensed lawyers based on your legal needs Positively reviewed by customers User-friendly interface Wide range of legal support categories. There are a couple of very limited exceptions to this concept of the mandatory day waiting period. But more on this in a moment. First, we must begin with the actual filing of the divorce.
This requires a petition. The petition is the legal document also known as a pleading that formally begins the divorce process in Texas. The petition is prepared by the spouse who is filing divorce or by that spouse's attorney.
How to File for an Uncontested Divorce Without a Lawyer in Texas
The filing spouse or the attorney must sign the petition. The Texas Family Code prescribes certain information that must be included in all divorce petitions. The divorce petition is filed in the clerk's office for the family court system associated with the county where the spouses reside. If the spouses reside in separate counties, then the divorce petition can be filed in the county where either spouse resides.
The filing of the divorce petition formally commences the divorce process. The Texas Family Code prescribes that the divorce may not be granted before the 60th day after the date the divorce was filed. A court may, in its discretion , waive the day required waiting period in certain cases where the other spouse has been convicted of a crime of family violence committed against the filing spouse or member of the household.
However, what is customary among most courts in the considerable majority of divorce cases is to require the completion of the day waiting period before the court will consider granting the divorce. At this point, it is important to keep in mind that just because all or most Texas divorces have a day mandatory minimum waiting period, that does not mean that the divorce is automatically granted or finalized by day Not every divorce case is ready or eligible to be finalized immediately upon expiration of the day waiting period.
Assuming that Texas has jurisdiction over the parties and that the divorce was filed in the correct Texas county, there are two additional important criteria that must be fulfilled before the divorce case is minimally eligible for finalization. These two criteria are: 1 legal notice to the other spouse and 2 written agreement or absence of disagreement between the spouses as to the proposed settlement terms or final orders subject of the divorce case.
First, regarding legal notice, this is not the same thing as actual notice. In other words, informally notifying your spouse that you have "filed for divorce" may furnish your spouse with actual notice of the divorce, but that actual or informal notice is not the same thing as legal notice. Legal notice to your spouse is what is required, and it is commonly accomplished in one of two ways. One way is for your spouse to sign a written document known as a Waiver of Citation.
Certain information must be included in the waiver, as specified under the Texas Family Code, and the waiver must be signed by your spouse in the presence of a notary public. Also, the waiver must be signed on a calendar date after the divorce petition has already been filed.
Waivers that are not notarized are invalid, as are waivers that are signed on a date that precedes the actual filing date of the divorce petition. The function served by the waiver is to furnish the court with satisfactory proof that your spouse has proper legal notice of the divorce proceedings.
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If you and your spouse are on reasonably good terms, and if both of you are in agreement with getting a divorce and with the settlement terms for the divorce, then the chances may be good that your spouse will agree to sign a waiver. Of course, not every spouse will agree to sign a waiver.
This other method is known as service of citation.
Service of citation involves having a sheriff or constable or court-authorized neutral third party usually a process server go out to where your spouse resides or works or can otherwise be found and hand-deliver a copy of the divorce petition with the attached citation to your spouse. During this time, you or your spouse may file temporary orders to create parameters of conduct during the divorce process.
After their establishment, the parties may engage in discovery. We will help you secure and analyze documents and information that will help your case if you wish to address issues such as alimony, child custody, child support or fault. We will also help send formal requests that will provide additional evidence to help better present your claim. In a divorce proceeding, one of the most common issues is to address the identification and division of community property. We will guide you through this process and help you reach an agreement so that there are no uncertainties about what liabilities and assets belong to whom.
We will also help you sort through reimbursement issues which can arise, for example, when community resources are used to improve a separate property asset or vice versa. If you and your spouse have children together, our family law firm can help you address important issues for developing a successful parenting plan including custody , visitation , child support , medical support, daycare or school-related issues, extracurricular activities, restrictions, and other custody-related issues that apply to your unique case.
The formal negotiation process between two parties in an attempt to reach a mutual agreement is known as divorce mediation. It may occur at the beginning of the case, before the discovery is finished or closer to the trial date after the discovery phase has ended. In some cases, a court may require mediation before a temporary orders hearing while others require mediation before the final trial.
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