Divorce Process in San Antonio, TX
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.
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.