A divorce is one of the hardest things to go through in life. However, it may be the best thing for you and your spouse if circumstances have made life together unbearable. If you know your marriage is over, the last thing you want to do is drag it out for months. Unfortunately, there is no way to magically make the marriage end. But you can expedite the process with the assistance of an experienced Texas divorce attorney who understands the legal process and how to speed up the divorce process.
Can You Speed Up a Divorce in Texas?
The short answer is often yes, if both parties agree to all-terms of the divorce and furthermore assuming there are not complicating factors such as division of substantial property or child related disputes. Nevertheless, the very fastest time you can finalize a divorce in Texas is 60 days from the date of filing. The time begins with the filing of a petition for divorce and ends with a divorce decree signed by a judge. The two-months is mandatory. It allows you and your spouse to think through the implications of divorce and consider whether it is right for you. It may be possible to reconcile. However, you need not pressure yourself to do so. If you and your spouse know that divorce is the only path to happiness for you both, then you should stick to it.
What Must Be in Place Before you Divorce
You must have two things in place before a divorce decree can be issued:
- Proof that you have provided notice to your spouse that a divorce has been filed in the state.
- A written agreement that contains a settlement of all the issues related to your case.
The last of these is perhaps the most difficult to obtain. If you want to divorce within the 60-day window, then you must use that time to work out the division of your estate. This will require the services of a Texas divorce attorney.
You have interests to protect. If you and your spouse bought a house together, hold joint financial and real estate assets, and have other investments that you made while married, you must ensure that you get your fair share. It is also important to protect your parental rights if you have children together. You must use the 60 days to work out a shared child custody arrangement, if you can both agree to that. All the details concerning where the child will live and how their time will be split between you must be put into a written agreement. Furthermore, in most situations child support is appropriate to be paid by one spouse or the other, and the amount of this support will need to be agreed to by both parties if you wish to speed up the divorce process.
As far as notifying your spouse of the petition for divorce, you have 2 options. Either your spouse can waive their right to be personally served with divorce papers or they can force you to go through the formal process of serving them. The former is proof enough that your spouse has been legally notified of the divorce. If your spouse waives their right to be formally served, the waiver must still include all relevant provisions of the Texas Family Code; it must also be signed and notarized in order to be valid.
Why You Need a Lawyer
A pending divorce may leave you anxious and distraught. While these are perfectly natural feelings, you cannot allow them to distract you from protecting your material interests and parental rights. A divorce lawyer will help you navigate the complexities of Texas divorce law. If you and your spouse agree to a speedy divorce, your lawyer will ensure that you get an outcome that you can live with.
If you are on the cusp of a divorce, you need legal representation. A Texas divorce attorney can give you the help and advice you require.
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