One of the most common questions asked in a divorce proceeding is, how long will the case last? Understanding the timeline of your case is essential so that you might set realistic expectations when it comes to the time and effort you will need to invest in your divorce case. It is important to note that it can be difficult to offer an exact time frame without first looking at the specific details and circumstances of your divorce.
At the Walke-Wilson Firm, we understand that no divorce is easy, no matter how amicable you and your spouse attempt to be. Divorce is hard. The process is stressful and emotional. There is no way around it. While uncontested divorces may not take as long’ when there are disputed issues such as child support or asset division, your case’s timeline may be extended. The Walke-Wilson Firm is here to help.
One of the most common questions asked in a divorce proceeding is, “How long does it take to get divorced in Texas?” Understanding the timeline of your case is essential so that you might set realistic expectations when it comes to the time and effort you will need to invest in your divorce case. It is important to note that it can be difficult to offer an exact time frame without first looking at the specific details and circumstances of your divorce.
At the Walke-Wilson Firm, we understand that no divorce is easy, no matter how amicable you and your spouse attempt to be. The truth of the matter is that divorce is just plain tough. There’s no way around it. So, of course, you want to get the process over with as quickly as possible. While uncontested divorces can take a shorter amount of time, when disputed issues like child support or alimony come into play, your case’s timeline can lengthen. The Walke-Wilson Firm can help.
Typical Texas Divorce Timeline
In Texas, seeking a divorce can be daunting as there are many complexities involved. When you find yourself wondering how long it may take for your divorce to be finalized, it is important to be aware of the steps that may be necessary in your case. There are roughly six main steps when seeking a divorce in Texas:
- Determine the grounds for divorce. Additionally, before you file your official petition for divorce with your district court, you must decide on which legal grounds you will claim on your divorce paperwork. A legal ground for divorce is the justification you offer the court when seeking the dissolution of your marriage, such as whether or not you just don’t get along with your spouse or if there has been infidelity.
- Jurisdicton. Before filing any petition for divorce, you must make sure you are filing into the correct county. Jurisdiction is what gives the court the power/authority to grant you a divorce.
- Filing the petition for divorce. Once you have chosen the grounds for your divorce, you must complete the official petition for the dissolution of your marriage. In Texas, this is known as your original divorce petition. The party who files this petition will be known as the petitioner, while the other party will be referred to as the respondent.
To file a petition in the state of Texas, you and/or your spouse must meet several requirements. Which is where speaking with a family law attorney will be helpful.
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- Providing notice. Once you have filed your official divorce papers with the correct district courts, you must then offer legal notice to your spouse. This is not the same thing as simply making sure your spouse knows about the divorce. Instead, you must serve your spouse by using someone who is allowed, under law, to serve another individual, having your spouse sign a waiver of citation, or through other means, if necessary.
- Answering a petition. Once your spouse has received notice that you officially filed for divorce, it will be their turn to act. With or without legal assistance, they should file an answer. They may also decide to file a counter-petition.
- Waiting period. Texas requires a mandatory waiting period except where domestic or family violence has occurred. This waiting period is 60 days from the day you filed the original petition. This means that your divorce cannot be granted for at least 60 days following the official filing. This gives the parties some time to reach agreements on alimony, child support, child custody, and property division.
- Divorce decree. Once you have reached agreements on the aspects of your divorce or you have been handed a final judgment on these decisions from the judge, or jury, assigned to your case, then you have a final divorce decree which will have to be signed by the court. This decree should provide stipulations for the division of all marital property and debt, detail all child support or custody orders, and outline any other agreements of the parties.
FAQs
A: In a contested divorce case, spouses are not able to reach agreements regarding the aspects of their divorce, child support, alimony, or property division, and they must then look to the courts to make these decisions for them. In an uncontested divorce, the spouses agree on these aspects of their case, and the case itself can typically be much shorter.
A: There are several factors that can impact a divorce case timeline. These factors can include divorces that are fault-based, allegations of domestic violence or family abuse, long-term marriages, households that operate under one income, couples who own high-valued assets, couples with minor children, and couples who own a business or professional practice together.
A: It can be difficult to offer an exact number as to how much it might cost to seek a divorce in Texas. This is due to the fact that there are several variables often involved that can impact the costs included in a cast. These factors can include the fees and experience of your attorney, the complexity of your case, and the duration of your case.
A: If you are able to reach agreements on your own regarding certain aspects of your Texas divorce, such as alimony, spousal support, or property division, you may be able to largely avoid taking your case to court. However, it is important to remember that the spouse who originally filed the petition of divorce will need to be present in court for the final hearing, no matter if the case is uncontested or contested.
Speak With a Divorce Lawyer Serving The Woodlands and the Surrounding Areas
When seeking a divorce in The Woodlands and surrounding areas, don’t get stuck paying astronomical costs. Instead, turn to the team at the Walke-Wilson Firm to help you implement various strategies for your divorce while striving to provide a cost-effective approach.
Speak with a Compassionate Team Today
When seeking a divorce in Texas, you need a legal team who can guide you through every step of the divorce process. At the Walke-Wilson Firm, our dedicated team will work to secure you a favorable outcome and close your case in as little time as possible so that you may move on with your life. You deserve it. Contact our offices today to schedule your initial consultation.