Divorce Process in San Antonio, TX

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.