GENERAL DIVORCE QUESTIONS AND PROCESS

1. What if my spouse wants a divorce even though I don’t?

Fault is no longer needed for a divorce. All your spouse needs to prove is that they no longer love you or can’t live with you. The courts do not want to force someone to be in a marriage they no longer want to be in. If your spouse files for a divorce based on fault, you can dispute the reasons you are at fault. Still, this will not stop the divorce. Instead, it will convert the divorce to a “no fault” divorce.

2. How long will it take to get a divorce in Texas?

Texas requires a 60-day “cooling off” period after filing a petition for divorce. No final order for divorce may be entered into the court record before this 60-day period has expired. Some divorces may be granted as soon as the 60-day period passes; however, other divorces may take much longer.

Contested divorces, in which the parties do not agree as to how the issues in their case should be handled, take much longer than uncontested divorces. The parties must think about how they will divide their property, as well as time with their children. Certain types of evidence must be obtained, which may take several months or longer.

Settlement negotiations on the issues in a divorce may take many months, and in some cases, the parties simply cannot agree on a settlement and must go to trial. Therefore, as with many legal questions, the answer is, “It depends.”

3. What are the steps in the process of a divorce?

While these proceedings may be confusing and strange to you, there are six typical phases which average divorce cases may go through:

  • Initiating the divorce (filing the Petition of Divorce)
  • Temporary orders (if necessary)
  • Discovery of evidence
  • Settlement negotiations
  • Trial (if no settlement)
  • After trial / settlement

Although each divorce case takes on its own unique personality, these basic steps occur in one form or another in most divorce cases.

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