Texas and the 60-Day Divorce
If you are facing a divorce, you are facing a difficult path forward, and it is only natural to want to move forward as quickly as possible. It is important to remember, however, that the terms of your divorce set the framework for your financial future and determine your parental rights, which makes taking the time to do the legwork and obtain fair terms paramount.
The 60-Day Waiting Period
In Texas, there is a mandatory 60-day waiting period between filing for divorce and your earliest opportunity to appear before the court and have your divorce finalized. In other words, your divorce will take at least 60 days, but there is much more to it than that. Even if you and your spouse are in complete agreement regarding every term that makes up your divorce decree, there is still considerable documentation to complete, which takes time. If you have your sights set on a 60-day divorce, it is important to remember that this is the shortest possible time frame and that getting it right is more important than getting it fast.
The Terms of Your Divorce
While your divorce will be unique to you and your family, the basic terms that must be settled are the same across the board. These include:
The Division of Your Marital Property – Marital property refers to those assets that you and your spouse acquired over the years of your marriage. It does not matter whose name is on the lease or title or who made the purchase; property that you acquire during your marriage is marital property that will be divided in a manner that is considered fair (or equitable) given the circumstances. An exception to the rule of marital property is inheritances and gifts that are made to one spouse alone. Further, property that you and your spouse bring into your marriage with you and that you keep separate is considered separate property that will remain your own post-divorce.
Child Custody Arrangements – Your child custody arrangements will include physical and legal custody. Legal custody pertains to who will make important decisions for your children moving forward. Physical custody, on the other hand, pertains to whom the children live with, and this schedule will be laid out in your parenting plan. Both physical and legal custody can be either sole or joint.
Child Support – Both of you are required to support your children financially (relative to your ability to do so). Child support payments are calculated according to state guidelines, which leaves little room for variance (except in situations where there are extenuating circumstances, such as a child with special needs).
Alimony – Alimony (or spousal maintenance) can play a role in your divorce if one of you will experience a financial setback and the other has the financial means to help offset this downturn upon divorce.
Consult with an Experienced Killeen Divorce Attorney Today
If you are facing a divorce, attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is committed to employing the full range of his impressive experience in focused pursuit of divorce terms that work for you and your children. To learn more about how we can help, please do not hesitate to contact or call us at 254-501-4040 today.