Texas Divorce Process Timeline

Understanding the Divorce Process in Texas

texas divorce timelineTo 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.

Since there are so many divorce firms in the Houston area, it can be hard to choose one that meets your needs. With such an important decision on the table, you need an attorney dedicated to providing quality, honest representation. However, some firms simply hand off their cases to assistants or a junior attorney, and clients never end up discussing their case with the attorney they believed that they actually hired.

At The Larson Law Office, founding attorneys Erik and Diana Larson do not pass cases on to legal assistants and handle each divorce case personally. From the beginning of the process to the end, we commit ourselves to providing one-on-one, personalized service. To us, nothing is more important than being a trusted legal advocate and communicating with clients every step of the way.

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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.

Questions About the Divorce Process in Texas?

Our Houston divorce attorneys are ready to answer all of your questions and provide you with the honest, straightforward advice and aggressive legal representation you may need. Complimentary legal consultations available. 713-221-9088

The types of divorce cases we handle, include: