To file a divorce, Texas law requires that either the husband or wife must have lived in Texas for the prior 6 months and lived in the county where the divorce will be filed for 90 days. If the residency provisions are not met, but the marriage took place in Texas, a divorce may still be possible. After being served with a Texas petition for divorce, Texas law provides that a party has until the “Monday next following the expiration of twenty days following service of process” to file their answer to the divorce petition.
Filing for divorce in Texas can quickly become complicated and stressful. In these situations, finding responsive, dedicated legal counsel to help prepare your case can make all the difference. At The Larson Law Office, we offer empathetic and personalized service, and focus on the nuances of each client’s case. We believe in reaching amicable settlement agreements in all cases, but are ready to provide strong and aggressive representation when litigation is unavoidable. Contact us today to receive a free case evaluation.
Time Frame for a Divorce in Houston, Texas
The Larson Law Office represents Houston clients in family law matters. During this time, we have experienced that a typical Texas contested divorce can take between 4 – 12 months to finalize. Each case is different though, and how long your divorce will take will depend on multiple factors, including the extent of community property, whether agreements can be reached, and whether children are involved. Below is a brief outline of the Texas divorce process:
The Discovery Phase in a Divorce
After your petition for divorce has been filed, Texas law requires a 60-day waiting period in order for the divorce to be finalized, even if it is uncontested. During this time, you or your spouse may file temporary orders to create parameters of conduct during the divorce process. After their establishment, the parties may engage in discovery. This means obtaining oral testimony and information via written requests, as well as relevant documents and information on issues including the parties’ tax information, witnesses, legal theories, finances, personal property or real estate.
We will help you secure and analyze documents and information that will help your case if you wish to address issues such as alimony, child custody, child support or fault. We will also help send formal requests that will provide additional evidence to help better present your claim.
Starting Divorce Proceedings
In a divorce proceeding, one of the most common issues is to address the identification and division of community property.We will guide you through this process and help you reach an agreement so that there are no uncertainties about what liabilities and assets belong to whom. We will also help you sort through reimbursement issues which can arise, for example, when community resources are used to improve a separate property asset or vice versa.
If you and your spouse have children together, our family law firm can help you address important issues for developing a successful parenting plan including custody, visitation, child support, medical support, daycare or school-related issues, extracurricular activities, restrictions, and other custody-related issues that apply to your unique case.
The Mediation Process
The formal negotiation process between two parties in an attempt to reach a mutual agreement is known as divorce mediation. It may occur at the beginning of the case, before the discovery is finished or closer to the trial date after the discovery phase has ended. In some cases, a court may require mediation before a temporary orders hearing while others require mediation before the final trial. Contact us today to learn more about the settlement options available to you.
Time Frame to Re-Marry
After the divorce decree is submitted to the court and the judge enters a decree of divorce, Texas law states neither spouse can remarry for 31 days. The exception to this rule is that the couple that just received the divorce may remarry each other without this waiting requirement.
If a party wants to remarry sooner than 31 days after the decree was signed by the court, their attorney may ask the court to waive the waiting requirement so long as “good cause” is shown. Good cause can be shown in different situations, including military obligations or a showing that financial expenditures for a wedding date within the waiting period have already been incurred.
Contact The Larson Law Office Today
Have any questions or concerns about the divorce process in Texas? Contact us today by filling out our contact form or call us at 713-221-9088 for a complimentary legal consultation.