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Divorce Process in San Antonio, TX

Bexar County family law attorney explains the divorce process

What Do I Have to Do to Get the Divorce Process Started?

When preparing to get a divorce, spouses may be unsure of what to expect. There are a variety of laws that can affect a couple during the dissolution of their marriage, and understanding the procedures that will be followed and the steps that will need to be taken before a divorce can be finalized can sometimes be difficult. Fortunately, with the help of a qualified and experienced lawyer, a person can protect their rights and interests and make sure that they complete the divorce process successfully.

Located in San Antonio, Brandon Wong & Associates is a family law firm you can rely on for experienced divorce representation. Our attorneys have extensive family law experience, and our colleagues respect us for our skills in the courtroom. More importantly, our clients are grateful for our professionalism and the level of genuine care we take as we work to meet their needs. Whether you will be pursuing an uncontested divorce or believe that you will need to resolve contentious disputes in a contested divorce case, we can represent your interests and help you achieve your goals.

Divorce in Texas: From Original Petition to Final Decree

Texas is a no-fault divorce state. Although the court may consider marital misconduct in some aspects of divorce, you are not required to prove fault in order to obtain a divorce. You can file for divorce as long as you or your spouse have lived in the state for six months and for 90 days in the county where the divorce will be filed.

The steps required for an average divorce in Texas are:

  • Petition for divorce and answer: One spouse will have to file a petition for divorce, which will be served on the other spouse. The other spouse has approximately 20 days to respond to the petition. If you are filing for an uncontested divorce, you can waive the service requirement.
  • Court issues temporary injunction: This document goes into place automatically. The injunction sets the rules and expectations each spouse is required to follow during the divorce, including temporary child support or spousal support orders, as well as a prohibition against harassment or financial waste.
  • Parties conduct discovery: You, your spouse, and your attorneys have the opportunity to exchange information and gather all necessary documentation, such as bank statements and property deeds. If you are filing for an uncontested divorce, you can discuss and draft a settlement and seek court approval of your final divorce decree.
  • Mandatory mediation: The court will require all couples to attempt mediation before proceeding to trial unless certain circumstances such as domestic abuse make mediation inappropriate.
  • Trial: If you and your spouse cannot agree on all aspects of your divorce, it becomes a contested divorce. You will have the opportunity to present your case in front of a judge, who will decide any remaining issues.
  • Final decree:Your attorney will draft a final decree of divorce resolving all issues in your divorce, whether they were mediated or a judge made a ruling. Your divorce is not finalized until the judge signs this document.

You can obtain a divorce in as little as 60 days. The timing depends largely on the complexity of the issues in your case and your ability to come to an agreement with your spouse on the outstanding matters that need to be resolved. Generally, the more conflict between you and your spouse, the longer your divorce will take.

The Divorce Process FAQs

Q

How Long Does the Divorce Process Take in Texas?

Answer: Due to a mandatory 60-day waiting period, the fastest a divorce can go through in Texas is 61 days. However, in cases where neither spouse can come to an agreement, leading to a contested divorce, the process might take several months or more than a year. Factors that can slow down divorce proceedings include disagreements about property ownership, division of debts, child custody, or other legal issues that must be addressed before a couple’s marriage can be legally dissolved.

Q

How Do I Start the Divorce Process in Texas?

Answer: A divorce begins when one spouse files a petition for divorce with his or her local county court. The spouse must have lived in the county for at least 90 days and in the state of Texas for the last six months. After the divorce petition is filed, the other spouse must formally indicate in writing that he or she has received notice of the petition.

Q

What Is the Process of Getting a Divorce in Texas?

Answer: After a divorce petition is filed by one spouse, and the other spouse files a response, the couple will work to resolve all issues that will need to be addressed before their marriage can be dissolved. These may include spousal support, child custody, and the division of marital assets. Once decisions have been made about all outstanding issues, the judge in their case will issue a divorce decree that legally terminates the couple’s marriage.

Q

What Steps Are Involved in a Contested Vs. Uncontested Divorce?

Answer: The main difference between uncontested and contested divorces is that uncontested divorces will involve settlement negotiations that take place outside of court, while contested divorces will require a trial in which a judge will make the final decisions about how outstanding issues will be handled. Both types of divorce will begin with the filing of a divorce petition and a response by the other spouse. Discovery will then be required in which the spouses will exchange information with each other about their finances and other relevant issues in their case. In an uncontested divorce, a couple will then work to negotiate a settlement, and they may use mediation to do so. Once they have reached a settlement, they will file it in court to complete the divorce process. In a contested divorce, multiple hearings may be held to determine how certain issues will be handled during the case, and the parties will prepare for a trial where they will each present evidence and arguments. At the end of the trial, the judge will issue a divorce judgment detailing how all outstanding issues will be resolved.

Q

How Does the Discovery Process Work in a Divorce Case?

Answer: The discovery process refers to both parties in a divorce disclosing their respective assets and income, as well as any other financial information or documentation that may play a role in their case. Discover ensures that both parties will have access to evidence that may help them make decisions about how different issues will be handled during the divorce. To ensure that nothing is left unaccounted for, a divorce attorney can take steps to gather and review all necessary evidence.

Q

Can I Get a Divorce Without Going to Court in Texas?

Answer: You will generally be required to appear in court at least once during your divorce. However, by negotiating a settlement with your spouse outside of court, you can minimize legal complications, and you can file your settlement in court and attend a hearing to finalize your divorce.

Q

How Long Do I Have to Live in Texas Before I Can File for Divorce?

Answer: A spouse seeking a divorce must have lived in Texas for the last six months, and they must have lived in the same place where they will be filing their divorce petition for 90 days.

Q

How Does Mediation Work During the Divorce Process in Texas?

Answer: In Texas, mediation can begin before or after the petition for divorce has been filed. If mediation is ordered by a judge, you will be obligated by law to attend sessions with a mediator along with your spouse and work to negotiate a divorce settlement. A mediator is a neutral third party who will work with spouses to address the outstanding issues in their case and help make decisions about child custody, division of assets, and other issues. At the end of mediation, the parties will sign a binding agreement that will be submitted to the court. The judge will evaluate the agreement to make sure it is fair. If any children are involved, the judge will make sure the settlement provides for their best interests. In most cases, a settlement reached through mediation will be approved by a judge, allowing a divorce to be finalized.

Q

What Is the Final Decree of Divorce in Texas, and What Does it Include?

Answer: The final divorce decree is a document that outlines how all relevant issues in the termination of a marriage will be addressed. It may include a parenting plan, provisions for alimony payments, and details about the division of property. Once a judge signs off on the document, the divorce is finalized, and its terms will become legally binding.

Q

Can I Change My Name During the Divorce Process in Texas?

Answer: A name change can be requested during the divorce process. However, you will only be permitted to change your name back to the name you had prior to your marriage. The judge may approve a name change in the final decree of divorce.

Contact Our San Antonio Divorce Lawyers

Our representation is based on experience and personal attention. We know the law in Texas, and we take the time to prepare you for the procedures that will be followed during your case and keep you informed throughout the process. To schedule your initial consultation with an attorney at our firm, call 210-201-3832 or contact us online.

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