FAQs

How Long Does a Divorce Take?

In Texas, there is a 60-day waiting period before a divorce can become final (unless an exception is granted due to family violence. Even if both spouses agree on everything, there must be at least 60 days from the date you file with the Court until the date the Court grants your divorce. If you and your spouse have an agreement, the divorce attorneys at Mims Ballew Hollingsworth | Family Law can help you finalize your divorce on the sixty-first day after filing. This is the fastest possible outcome.

If you and your spouse do not have an agreement before filing, the time it takes to finalize your divorce depends on many factors including whether children are involved, whether is there a business to value, whether discovery is needed, and the amount of conflict between spouses. Most cases reach a final resolution through an agreement at some point, but if your case goes to final trial, it can often take more than a year to resolve (especially in larger counties where court dockets are backed up).

While some contested divorces can be resolved in a few months, others can take years to finalize. If your divorce involves significant contested issues (i.e. which parent the children will live with, whether one spouse will receive alimony, who will be awarded the marital home), it is best to plan for anywhere between six months to eighteen months to get to the finish line.

If you are considering a divorce and have concerns about the processing dragging out, it is a good option to schedule a consultation with a divorce lawyer at Mims Ballew Hollingsworth | Family Law to discuss your options and develop a game plan to reduce the time it takes to get you divorced.

Does it Matter Who Files for Divorce First?

Being the first to file a case (the Petitioner) provides strategic advantages throughout the litigation. At trial, the Petitioner makes their opening statement first, calls their witnesses first, can delay the other party (the Respondent) from speaking until after all the Petitioner’s evidence is presented, and in closing arguments speaks both first and last.

While the Petitioner and Respondent have the same rights and often share the same burden of proof, filing first can certainly help with persuading the Court. Letting the Court know your side of the story first can help when it comes to decisions such as why your children should live primarily with you, why you deserve alimony or why the other party does not need it, or who gets to keep the marital home. If there are facts harmful to your case, filing first allows you to get in front of these and take the sting out of the Respondent’s argument.

Aside from benefits at trial, filing first provides an opportunity to send a message to the Respondent and direct how the case proceeds. Your first filing can indicate a desire to be amicable or can let the other side know you are prepared to fight. Your first filing can also be used to obtain a restraining order or set a hearing before the Respondent even knows a case is filed. Even how you notify the Respondent can impact your case, whether it is with a formal process server at their place of employment or through providing them the opportunity to avoid this scenario and voluntarily accept the filing.

If you are considering filing a family law case, there are benefits to filing first. Schedule a consultation with a family lawyer at Mims Ballew Hollingsworth | Family Law to discuss these benefits and develop a game plan for your case.

How are Divorce Papers Served?

Texas is a community property state. This means when you file for divorce our Courts assume that all property you and your spouse have is owned by the marriage and can be divided. However, if you can prove separate property (e.g., what you had before marriage, gifts you received during the marriage, or inheritance), then you will have a property that the Court cannot take away from you in a divorce.

When a property is divided, the Court does so in a manner that the Judge deems “just and right,” considering the rights of each party and any children of the marriage. This does not necessarily mean an equal division between spouses. What one Judge believes is “just and right” may differ from what another Judge right across the hall in the same courthouse believes.

At Mims Ballew Hollingsworth | Family Law, one of the first things we do in your divorce is finding out what property exists for division. We work with you to obtain information on homes, bank accounts, vehicles, business interests, retirement, stock accounts, debts, and separate property claims. If you are concerned your spouse may be hiding assets we will work with you to find this information and ensure all property is accounted for.

After determining divisible property, the next step is valuation. With some assets, it is not as straightforward as looking at an account balance. Business interests can be difficult to value, home prices are constantly changing, and there may be certain tax implications (capital gains) that need to be assessed.

The process of determining what property is divisible and assessing values can be extremely complex, especially in high-asset divorces. The divorce attorneys at Mims Ballew Hollingsworth | Family Law are experienced in dividing high-asset estates and will work with you and financial professionals to protect your financial interests.