When a divorce is inevitable, the time from filing for a divorce until the dissolution of a marriage can feel endless. Under the best circumstances, you and your spouse can work together to agree on the terms. But disagreement in divorce is not uncommon.
In Texas, representation during a divorce is one of the most beneficial choices you can make. A legal strategy that benefits your future is vital to preparing for the next phase of your life. Strengthening your family for the future through clear legal guidance should be the goal of a compassionate, client-focused attorney when navigating a divorce in Texas.
Finalizing a Divorce in Texas
There are a few critical matters to consider in finalizing a divorce in Texas. And those vital elements pertain to what happens between the time of filing for divorce and when the divorce is finalized. What should you know to better prepare for a Texas divorce?
Length of Time
Finalizing a divorce in Texas will take patience. Unfortunately, it is not a speedy process. The law requires that a divorce in Texas have a mandatory waiting period of 60 days once a petition is filed to allow for a cooling off period or time of reconsideration, but waiving this waiting period is possible under specific circumstances, such as domestic abuse.
Contested divorces, high-net-worth divorces, child support disagreements, and spousal support disputes are some examples that can lead to a prolonged divorce settlement.
Uncontested divorces, or divorces where both partners agree on the terms of dissolution, can take less time because a lengthy court battle is not entailed. But despite the most amicable of divorces, the process averages in length from about six months to a year, with highly contested divorces taking longer.
Fault or No-Fault
It is not necessary to establish fault in Texas divorces. You and your spouse can decide to go your separate ways. But either party has the right to file for a fault-based divorce, and the judge may use this proof of fault to determine property distribution, child custody, and alimony if it is proven.
Determining fault in a divorce can affect the amount of time to finalize a divorce, but it can be an essential step. Grounds for filing for a fault-based divorce in Texas are:
- Abuse
- Domestic violence
- Adultery
- Abandonment, one year or longer
- Mental incapacity
- Cruel treatment, either psychological or physical
- Felony conviction
Separation in Texas
Many states acknowledge that anything acquired by a spouse after filing for divorce is considered separate property. This acknowledgment includes any purchases made, debt incurred, or inheritances received.
But Texas does not recognize separation, so the date a divorce petition is filed holds no significance in defining property. Property purchased after the divorce petition is filed is considered community property and subject to the division of marital assets. It is also critical to note that any debts accrued before the finalization of the divorce are considered community debt.
Working with your partner to prevent any unexpected expenses is imperative.
Skilled Representation in Finalizing a Texas Divorce
Many people question the need for representation during a divorce because of the expense. But a knowledgeable attorney can offer guidance through the process that will allow for a smoother dissolution with your future financial well-being at the forefront, often supporting a more expedient finalization to a divorce in Texas. When you are represented by the divorce attorneys at Evans Family Law Group, you can feel confident you will be offered expert advice and consideration for your family’s needs.