Every divorce is a difficult journey, and every divorce follows a unique path. Further, when it comes to divorce, there are absolutely no guarantees. Nevertheless, if you and your divorcing spouse are on the same page and are willing to work very hard to compromise and hammer out divorce-related decisions that you can both live with, you could theoretically be divorced in 60 days. It is essential to recognize, however, that no matter how good your intentions are, divorce has a way of turning plans upside down. It can still be said with certainty that the more you and your divorcing spouse manage to cooperate with one another, the smoother and speedier your divorce is likely to be.
In the State of Texas, there is a mandatory 60-day waiting period that begins when you file your divorce papers, and that must be reached before you can have your divorce finalized in court. If you manage to get everything related to your divorce accomplished in these 60 days, your divorce can be finalized on day 61. In addition to this required waiting period, there are also residence requirements that must be met before you can file for divorce in Texas, including:
One of you must have lived in the state for at least six months.
One of you must have been a resident of the county you file in for at least 90 days prior to filing.
If either of these requirements is not met, the court will not have jurisdiction over your case.
The Major Divorce Elements
Divorcing couples seem to understand that an uncontested divorce is generally preferable to a contested divorce, but most do not realize that this is a function of their own doing. If you and your divorcing spouse can come to mutually agreeable terms on the four major elements of divorce, your divorce will be uncontested. If you cannot, the court will need to intervene on your behalf, and your divorce will be contested. In other words, if your goal is to shorten the time it takes to finalize your divorce, lower your legal expenses, and tone down the divorce drama, you will need to be willing to make compromises with your divorcing spouse and to work closely with your experienced divorce lawyer who will skillfully negotiate for terms that protect you and your children’s rights.
The major elements that comprise every divorce (as applicable) include:
Your child custody arrangement
The division of marital property
Even if you and your spouse are unable to come to an agreement on every element, the more you can sign off on, the less you will need to rely upon the court.