Know What To Expect In The Divorce Process
Located in San Antonio, MARVEL & WONG, PLLC is a family law firm you can rely on for experienced divorce representation. Attorneys Megan, Brandon and Karen have practiced family law for more than 100 combined years. Colleagues respect their skill in the courtroom. Clients respect their professionalism and genuine care for their needs.
Divorce In Texas: From Original Petition To Final Decree
Texas is a no-fault divorce state. Although the court may consider marital misconduct is 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 has lived in the state for six months and 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 or spousal support orders and prohibiting harassment or financial waste.
- Parties conduct discovery: You, your spouse and your attorneys have the opportunity to exchange information and gather all necessary documentation, like bank statements and property deeds. If you are filing for an uncontested divorce, you can discuss and draft agreed settlement terms and seek court approval as a final 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 and your ability to come to agreement on major issues. Generally, the more conflict between you and your spouse, the longer your divorce will take.
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Our representation is based on experience and personal attention. We know the law in Texas, and we take the time to prepare you and keep you informed throughout the process. Schedule your free initial consultation with a lawyer by calling 210-201-1630 or completing a form online.