The end of a marriage is often a depressing and confusing time in your life. What further complicates matters is the minutiae of the divorce process. With the constant fluctuation of emotions, you shouldn't make hasty decisions regarding property and assets. Instead, you should refer to a professional with extensive knowledge of family law to direct you through the process. Whether you are filing for divorce or being served with divorce papers, I can assist in every aspect of divorce procedures.
The two types of divorces are uncontested and contested. Uncontested divorces are the easiest to work with as both parties have agreed on all divorce-related matters. That includes the division of property, spousal support, and custody is also agreed upon if there are children involved.
Uncontested divorces are processed quickly and inexpensively since there’s no fighting back and forth in court. The judge issues the divorce decree after reviewing and approving the marital settlement agreement. In Texas, an uncontested divorce is referred to as an “agreed divorce.”
The responding spouse signs the Final Decree of Divorce filed by the petitioning spouse. You have the right to a default divorce if you file and get no response from your spouse. The judge will make the divorce decisions without your spouse’s input.
When the soon-to-be-former spouses cannot agree on the divorce terms, it is considered to be contested. The spouses then rely on the court to decide their divorce issues. The court knows when a divorce is contested because the respondent files an answer but does not sign the Final Decree of Divorce.
The respondent may file a Counter-Petition for Divorce as an answer to the petitioner. In the counter-petition, the court can see what the respondent requested to resolve the matter. A contested divorce can take up to a year before it is finalized, as lawyers are often hired to negotiate any concerning issues.
The eligibility to divorce in Texas means at least one spouse must meet state residency requirements. That spouse will have lived in Texas for six months before filing and have lived in the county where the request was filed for at least 90-days before the filing. If that area is in Frisco, Texas, or any of the surrounding areas of Plano, Allen, Collin County, or Denton County, reach out to me for more information.
You can obtain a no-fault or fault-based divorce in Texas. No-fault divorces are simple as neither spouse is required to prove the other’s bad acts led to the end of the marriage. In the case of fault-based divorces, one or both spouses need proof that the actions of the other led to the marriage’s failure.
You don’t need your spouse’s consent for a no-fault divorce. The grounds for filing for this type of divorce are in supportability of the marriage and living apart. In the first situation, the marriage can no longer go on due to an irreconcilable conflict or discord between the spouses. There’s no reasonable expectation that they will resolve the situation and get back together. If living apart, the spouses have not cohabitated for at least three years.
A fault-based divorce must be supported with evidence of the other or both spouses’ wrongdoing. The grounds for a fault-based divorce are typically more combative, expensive, and lengthier than no-fault divorces. If cruelty, adultery, felony conviction, abandonment, or confinement to a mental hospital are proven, a fault-based divorce can be granted.
So, how long does a divorce take in Texas? It takes 60-days from the date the petition is filed for a divorce to be final. On average, it takes six months to a year to finalize the divorce. If the issues are complex and the degree of conflict is high, it may take longer.
While divorce is stressful, I am here to help find a favorable solution for all parties involved if you reside in Frisco, Texas, or nearby Plano, Allen, Collin County, or Denton County. There are plenty of facts you should be aware of before getting divorced in Texas. You need a family law attorney who has your best interest at heart.