If you gave marriage a try, and it didn’t work out for you and your spouse, you can seek a divorce at any point, whether that means after decades or weeks. Texas does impose a waiting period, however, so it may take longer to finalize your divorce than your marriage lasted.
After a very brief marriage, there are generally very few issues to resolve, but protecting your rights is paramount, and consulting with an experienced Killeen divorce attorney is in your best interest.
After a Brief Marriage
The State of Texas has a 60-day waiting period or cooling-off period between the date you file for divorce and the date your divorce is finalized. This requirement means that if you file 30 days into your marriage, your divorce could be finalized 61 days from that point, but the actual date will depend on the court’s docket.
The good news is that you will likely have fewer divorce terms to hammer out after a short marriage, which should streamline the process considerably.
Your Divorce Terms
If your marriage lasted only a month, it’s unlikely that you had children during that time unless you specifically married for the birth of a child. If that’s the case, you’ll need to address the terms of child custody and child support.
Additionally, there is the matter of property division, but this term generally becomes more complicated the longer the marriage lasts. After mere days, you’re unlikely to face many challenges concerning property division.
Finally, the matter of alimony – or spousal maintenance – is very unlikely to play a role. Alimony is designed to support a spouse who cannot provide for his or her own reasonable needs. A marriage of a month is unlikely to seriously affect either spouse's finances, which takes alimony off the table for brief marriages.
A seasoned Killeen divorce attorney will help you identify which terms you’ll need to resolve in your case and pinpoint any issues that may arise in your negotiations.
Child Custody Arrangements for Children under the Age of 3
If you share a very young child, it can make child custody arrangements even more challenging. Texas calls for appropriate orders for children under the age of three, but there are no hard and fast rules that define what makes child custody arrangements for infants under the age of three appropriate. In other words, the court has considerable discretion on the matter.
Paternity
When the parents are married at the time of a child’s birth, the matter of paternity – or who the child’s father is – is established. When this isn’t the case, paternity must be determined.
If you married in response to your shared child’s birth, you won’t need to take any steps to confirm either spouse’s paternity. The birth mother is automatically a legal parent in Texas, and when she’s married to a man, he is presumed by the state to be the father. However, the matter of paternity in LGBTQ marriages can be far more complicated.
Tender Age
Texas courts make child custody determinations in response to children’s best interests – as balanced by the parents’ rights – but when the child is under the age of three, courts alter their approach somewhat.
Breastfeeding
To begin, the mother may be breastfeeding the infant, and because this is considered to be in the baby’s best interests, it will likely support the mother taking on the role of the primary custodial parent. This designation means having the child for a more significant portion of the parenting time schedule while the other parent receives regular visitation.
Breastfeeding involves a tight feeding schedule that can make establishing a regular visitation schedule with the father trickier.
The Father’s Close Involvement
The father’s close involvement with the child during these tender years is also naturally deemed beneficial. As such, the court will aim to strike a balance between the infant’s feeding schedule and the father’s visitation rights. Facilitating such an arrangement is likely to require some bottle feeding.
Stairstep Visitation Orders
Many Texas courts turn to a stairstep approach to visitation with children under the age of three. This method gradually increases the amount of time the noncustodial parent spends with the child – in response to the child’s developmental stage.
As the child’s needs evolve and he or she moves beyond the infant stage, the other parent can play a more considerable role and work up to a 50/50 parenting plan if desired.
Legal Custody and Physical Custody
In Texas, both legal custody and physical custody must be addressed. Contact a seasoned Killeen divorce attorney for help protecting your parental rights when it comes to legal and physical custody.
Legal Custody
Legal custody determines how you and your ex will make decisions on behalf of your shared child moving forward. This responsibility can be shared between you, but one of you may have the right to cast a tie-breaking vote in the event that you become deadlocked on a specific decision.
Another option for determining legal custody is dividing this decision-making authority between you according to the kind of decision that needs to be made. Finally, another option is sole legal custody, which assigns this important responsibility to only one parent.
The kinds of decisions that legal custody concerns itself with are primary parenting determinations such as the following:
Where your child makes his or her primary home
The school or daycare your child attends
The religious education your child receives
The extracurriculars and travel your child participates in
The more mundane decisions that make up a parent’s day are the responsibility of the parent who has the child at the time. When a decision must be made in an emergency, the parent who is most readily available is called upon to make it.
Physical Custody
Physical custody determines the parenting time schedule. If your child is very young, the issues related to tender age – as discussed above – apply. Once your child moves out of this stage, your physical custody will be determined in accordance with your child’s best interests.
Child Support
Child support is intended to balance financial support for the child between both parents in accordance with their financial means. With a young child, one parent is very likely to fill the role of the primary custodial parent, and the other parent is very likely to have the child support obligation.
The Division of Marital Property
In a marriage that lasted only a month, it’s important to first address the matter of separate property in the context of property division.
The assets and debts that belonged to you prior to marriage are considered separate property. As long as you kept them separate throughout your marriage, they remain your separate property. That said, any commingling of your assets can change separate property to marital property, meaning it will be subject to equitable distribution.
Any property or assets that you acquire while you’re married are considered marital, and as such, they need to be divided between you in a fair manner upon divorce. After a very short marriage, there’s a good chance that you didn’t amass a considerable amount of property unless you bought a home or car together.
If you did make a major purchase together, protecting your financial rights is key. A dedicated Killeen divorce attorney can help you defend your assets and your financial well-being during the divorce process.
Protecting Your Financial and Parental Rights
Generally, a month of marriage translates to very few complications with divorce terms, but this isn't always the case. Having a seasoned Killeen divorce attorney in your corner from the start is always advised.
Your Rights as a Parent
If you married for the birth of your child or you shared a child prior to your brief marriage, the matter of your child custody arrangements and child support is of primary importance. Having skilled legal guidance during this process is in your best interest.
If your child is very young, negotiating child custody arrangements that address his or her tender age while accommodating your and your divorcing spouse’s parental rights is a delicate matter that requires close attention.
If you shared a child prior to marriage and your divorce signals your breakup, the matter of child custody arrangements will also need to be resolved. If you shared a child prior to marriage but didn’t live together, going back to the parenting time schedule you had before your marriage – a month back – may be the best option, but this isn’t always the case.
In other words, the matter of child custody after a brief marriage is not necessarily any less complicated than it is in a divorce after a marriage of many years.
Your Financial Rights
Generally, the matter of your financial rights after a few weeks of marriage should not be too difficult to sort out. However, if you did make any major purchases or attach your names to joint accounts, you’ll need to attend to these details now.
The Court’s Role
After a month of marriage, you have a very good chance of obtaining an uncontested divorce, which means you won’t need the court to intervene. If you do face complications, such as if a child is involved, you'll have every opportunity to negotiate mutually acceptable terms. This process includes mediation if necessary.
If you exhaust these efforts without resolving the terms, your case will proceed to court. The more time your negotiations require, the longer your divorce will take, and you may shoot well past that 60-day waiting period. If your divorce goes to court, you can expect it to require considerably more time.
FAQ about Divorce after a Brief Marriage
The answers to some of the questions that are asked most frequently by those seeking divorce after brief marriages may help you to resolve your own concerns. If you have questions specific to your case, contact a Killeen divorce attorney for help.
Isn’t Divorce the Same No Matter How Long the Marriage Lasted?
Divorce is the dissolution of a marriage contract, and specific terms must be resolved. The difference between a long marriage and a brief marriage is that there’s less time for complicating factors to arise, and some terms (such as alimony) are unlikely to apply at all. However, divorce after a short marriage does pose unique challenges when a very young child is involved.
It Was Only a Month. Do I Really Need an Attorney?
The fact is that your divorce after only a month of marriage may be very straightforward, but without legal guidance, your rights could be at risk. Consulting with a practiced Killeen divorce attorney will afford you the peace of mind that comes from knowing your rights are well protected and that allows you to put the matter firmly behind you.
Our Child Is Very Young. How Will Child Custody Be Resolved?
Texas courts pay special attention to children who haven’t turned three yet, and child custody orders reflect this stance. Concerns such as breastfeeding and the father’s interactions with the infant are both factored in. As your child grows older and moves beyond infancy, the parenting time schedule will likely expand to offer the parent in the noncustodial role more visitation.
Turn to an Experienced Killeen Divorce Attorney for the Help You Need Today
While your divorce after a very short marriage may not present many challenges, there is no guarantee that this is true, especially if you share a young child. Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Killeen divorce attorney who dedicates his impressive practice to helping clients like you resolve their divorce concerns as effectively and efficiently as possible – regardless of how long their marriages lasted.
We’re here for you, too, so please don’t put off reaching out to contact us online or call us at (254) 781-4222 to learn more by scheduling your FREE consultation today.