The decision to end a marriage is a significant one, and the process to accomplish a divorce will vary depending upon whether you and your spouse can come to an agreement, or if the courts will need to be involved to resolve the many important issues linked to divorce. If you have no minor children and no property, divorce is relatively straightforward and can be accomplished with a relatively simple form and filing. However, if you have children, property, liabilities, and various responsibilities, it is important to ensure that your divorce agreement addresses them to protect your rights in the future.
A local Trophy Club divorce lawyer from Mims Ballew Hollingsworth | Family Law can help guide you through the process and ensure that an agreeable outcome is achieved. We take the time to get to know the unique situation and goals of each of our clients to tailor services and a solution that best meets their needs.
Going through a divorce can be a difficult process, and it will be different depending upon whether you are the “petitioner” or the “respondent”. The petitioner is the party that initiates the divorce by filing an Original Petition for Divorce with the appropriate county clerk. In terms of Trophy Club, that will be either the Tarrant County Clerk or the Denton County Clerk, depending on where your property is situated.
Before considering whether or not to proceed with a divorce in Texas, it is important to first consider whether you qualify. Filing if you qualify would be a waste of time as it cannot be accepted if you do not meet these basic requirements:
If these requirements are met by the spouses, the Original Petition for Divorce may be filed with the appropriate county clerk. From there various deadlines and requirements are initiated in terms of a waiting period, the demands on the respondent to answer, and the need to either come to an agreement, or allow the court into your personal business to decide for you if an agreement cannot be reached.
In nearly all filings for divorce in Texas, there is a minimum of 60 days before the divorce can be completed. The day that the Original Petition for Divorce begins the 60 day countdown, and includes weekends and holidays. Should the 60th day be on a weekend or holiday, the next business day counts. Keep in mind that day 1 is the day after you filed the petition, not the day it was filed. There are narrow exceptions to the 60-day waiting period minimum that your Trophy club divorce attorney can advise you on should they be relevant to your situation.
The 60 days is simply the minimum amount of time that spouses must wait before finalizing a divorce. The divorce can only be finalized after the spouses have either come to an agreement, or had a court hearing to determine how their assets, liabilities, and responsibilities will be divided, which includes:
Generally, divorces take between 6 months and 1 year to process in Texas. The amount of time that your divorce takes will depend upon the availability of information and the willingness of the former spouses to negotiate.
A divorce in Texas is a civil action, and if you are unable to come to an agreement and your divorce is contested, you’ll need to abide by the Rules of Civil Procedure that govern the Texas courts. This generally means that information must be exchanged between the parties within 20 days of the respondent filing an answer. The information that is required, and the deadlines associated with your divorce, will depend upon a variety of factors. As advised by the organization Texas Law Help, it is “a good idea to talk with a family law lawyer about your particular situation”, as knowing exactly what is best for you can be difficult.
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Our family law attorney & Divorce lawyer are ready to take your case. Visit us now!
Our family law attorney & Divorce lawyer are ready to take your case. Contact us now!