How to Get a Divorce in the State of TexasKeesha Montoya
An Overview of the Process
To start the divorce process in the state of Texas, one spouse will typically file for divorce and then both spouses will come to an agreement (with or without the court) that divides any property or responsibilities, including the custody and care of any children.
The person filing for divorce is the Petitioner. The other spouse is known as the Respondent.
Before taking the step to file a divorce or respond if your spouse has already filed against you, it is important to consult with an experienced Texas divorce attorney who can walk you through:
- What to expect in terms of the processes and potential challenges.
- Help you understand how the legal issues that may impact you and your family’s future.
- Develop legal strategy needed to safeguard your interests in property division, child custody agreements, and child and spousal support.
At Keesha Montoya Law, PLLC, we offer a free consultation with a Texas divorce attorney skilled in both meditation and trial to empower you with the knowledge and strategy to move to your next steps with clarity and legal strength.
Or if you think there may be contention with getting agreement on these issues, we can help you develop strategy and map a plan for the best steps to move forward while minimizing contention and stress.
How Long Does it Take to Get a Divorce in Texas?
Once a divorce is filed, in Texas, there is a cooling off period of 61 days. So, the courts cannot grant a divorce until at least 61 days have passed. Other states have different wait periods.
However, how long a divorce actually takes depends on whether or not you can come to an agreement quickly informally or formally with your spouse about how you both want to divide marital assets and property, create child custody agreement and how you want to handle child support or spousal support.
Our core mission is to move you toward resolution of these issues in a way that preserves yours and your children’s best interests and provides you with the peace of mind that comes from having a legal fortress safeguarding you every step of the way.
What Happens When My Spouse and I Disagree on Property Division, Child Custody, Child Support or Spousal Support Issues?
When two spouses cannot agree on these issues, informal meditation may occur between the parties where they and their legal counsels come together to discuss possible ways to come to agreement.
This is where an experienced and aggressive Texas divorce attorney with strong negotiating skills and attention to conflict resolution is helpful.
Formal meditation is the process when the parties meet with a meditator who is neutral. Agreements reached through formal meditation can then be submitted to the court as a divorce decree to be finalized by a judge.
If you and your spouse cannot reach agreements about property division, child custody and child support, or spousal support through meditation, then a trial is often necessary to have a judge make decisions on these issues.
How do I know if mediation or trial is right for me in a divorce?
In certain counties in Texas, depending on several different factors, couples may be asked to attempt mediation before going to trial.
During a free consultation with a divorce attorney who cares, we will go over the specific circumstances of your case to determine which approach is best for you so that you can move forward with clarity and a solid legal strategies.
At Keesha Montoya Law, we are experienced with both meditation and trials, so no matter which direction you need to take, we are there to support and protect your best interests.
What happens after the divorce is filed and my spouse comes to agreements about property, child custody, child support and spousal support?
Once a court receives a petition and an agreement between the parties about property division in the divorce, child custody, child support and spousal support is reached, a judge can sign a divorce decree after the cooling off period of 61 days from the time the divorce petition was filed.
In Texas, each spouse technically has 30 days to appeal the decisions specified in the final divorce decree.
As such, neither spouse can get married until the decree is final, which is 30 days, elapsed from the date the judge has signed the decree.
After 30 days, you are legally divorced in terms of being able to remarry but most of all, you are free to truly move on with rebuilding your life and creating healing for yourself and your children
Reach out to us for a free consultation so that we can help you get the results you desire with attention to ethics and integrity so that you can focus on moving on with your life knowing that you have strong advocates to protect what is most important to you.