If you’ve recently been thinking about getting a divorce but still have questions about the process and what it entails, you should take the time to learn the answers to these questions so that you can be more confident about your decision. While there are a litany of questions that couples ask when seeking the services of a Texas divorce attorney such as ours, the following provides the answers to five of the most common questions for those considering divorce.
- What Does a No-Fault Divorce Refer To?
Texas is considered to be a no-fault divorce state, which means that you won’t be required to prove that there’s a justification for the divorce. In the past, you would need to prove to a court that your spouse did something wrong in the marriage that calls for a divorce. As such, divorce proceedings in Texas can be much more straightforward than you might realize as long as you retain the services of a Texas divorce attorney like ours. Not having to prove that something broke up the marriage in court should also save you a substantial sum of money.
- How Much Time Does It Take to Obtain a Divorce?
The time it takes for you to get a divorce in Texas depends on a variety of factors. For instance, at least one spouse will need to have lived in Texas for at least six months before filing a petition for divorce. You must also live in the specific county where the petition is being filed for at least 90 days.
While some states require each spouse to live separately for a certain period of time before a petition can be filed, this is not the case with Texas. Once you file a petition for a divorce, your spouse will typically have approximately three weeks to respond. If no response is given, the divorce process can continue without their cooperation. There is also a waiting period of 60 days from when the petition is filed until a judge will officially grant a divorce decree.
- What Does an Uncontested Divorce Mean?
An uncontested divorce occurs when both parties are able to come to an agreement about the divorce as well as the settlement terms. The terms that each party must agree with relate to asset division, property division, child custody, child support, and possible alimony. If a full agreement can’t be reached on all of these terms, the divorce will become contested.
- Is It Necessary to Go to Court?
In many cases, you will be required to go before a judge if you want to obtain a divorce, which is why you’ll want the assistance of a Texas divorce attorney. If a settlement agreement has been signed between you and your spouse, this hearing can take less than 30 minutes to finish. Contested cases require lengthier hearings.
- What If My Spouse Can’t Be Located?
If you don’t know where your spouse is, it’s still possible to seek a divorce in Texas. However, you or your lawyer will need to take a variety of steps to locate and notify your spouse. Once all these steps have been taken and your spouse is still unable to be located, it is often necessary for your attorney to arrange for an alternative formal notice to be given to your spouse. Such notice may involve a written notice be published or posted in a form acceptable to the divorce court. After this, the divorce can typically proceed.
We understand that divorce is a decision that most couples do not enter into lightly. It also creates a number of questions. These questions can be answered by an experienced Texas divorce attorney.
Call our law offices today at any of our convenient locations and get a free consultation.
Arlington (817) 522-4451
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McKinney (469) 522-3688
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Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
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