How Long Will It Take to Get a Divorce In Texas?
Everyone knows divorce is a tough time in anyone’s life. With so much going on and so much uncertainty, you need a Dallas divorce attorney on your side to guide you through the process.
Filing the Petition
The first step is for one of the spouses to file a petition. The other spouse must be given notice of the petition, usually through being served. After service, or waiver of service, the respondent spouse files an answer to the petition.
In Texas, the court cannot have a hearing until 60 days after the complaint is filed. This is considered a “cool off” period, and it gives the spouses time to think and decide if they really want this divorce. If they are ready to move forward, the court will be able to schedule a hearing to take place sometime in the future.
If the divorce is “uncontested”, meaning the parties agree to all divorce terms, then the divorce may be finalized any time after the 60-day waiting period. The 60-day cool-off period may be waived by the court in cases of domestic violence.
After the petition and response, the court will issue Temporary Orders. These orders will make temporary determinations about who will stay at the house, who will get to see the children and when, and things of that nature. If either party disagrees with the terms of the orders, they may petition their objections in court. Otherwise, if there is no disagreement, the court then issues a formal temporary order.
These orders are to manage the separation until the hearing and final settlement. If needed a temporary restraining or protective order can be administered to make sure everyone is safe and no one is in harm's way.
A contested divorce will take much longer to resolve and require more legal fees. Each side will have time to conduct discovery; a time when you may demand that your spouse produce certain financial evidence like bank statements or credit card bills. Your attorney should do all they can to determine what you’re entitled to in the divorce agreement, and will negotiate with your spouse or their attorney to get you a good settlement before facing trial. However, if you cannot reach an agreement the case may go to trial.
Many divorce cases do not end up in a trial, but if they do, they can take several days or even weeks to resolve. At trial, a judge will hear testimony and review evidence about the divorce, and will issue an order with the terms by which the couple must abide.
Once your trial is done, it may be a long journey even after because of your spouse or you may decide to appeal one or more issues that have been said in court. It can take a long time to resolve an issue with divorce. The best way to hurry along the process is to have an experienced divorce attorney by your side.
If you have any questions, don’t hesitate contact attorney Michael P Granata. Mr. Granata is a tough advocate who can help you with any questions and all of your divorce needs. With much knowledge and experience in his field, he is waiting to give you the answers you need to get the best possible result. Contact the firm today to learn more, or call us at (214) 977-9050.