In Texas, it is possible – in theory at least – to be divorced in as few as 61 days. There are many reasons why a divorcing couple might be interested in obtaining the fastest divorce they possibly can, but no reputable attorney would encourage you to do so if it meant sacrificing your financial and parental rights.
There are situations when a speedy divorce with favorable terms is possible, and better understanding what’s involved may help you shorten the amount of time required for your divorce to be finalized. If you’re facing a divorce, it’s time to consult with an experienced Round Rock divorce attorney.
The 60-Day Cooling Off Period
Texas requires couples seeking a divorce to wait at least 60 days from the date of filing before their cases can be finalized. This time is considered a cooling-off period, but it also provides a short window to resolve divorce terms. If you can negotiate acceptable terms in this brief period, you are ahead of the game and can expect to be divorced in a few brief months.
Signs that Your Divorce Is on the Fast Track
When it comes to divorce, there’s no way to know with any certainty how long it will take to put the matter behind you, but there are several signs that generally mean you’re moving in the right direction. While there are no guarantees when it comes to keeping a divorce moving along nicely, each of these patterns is a hopeful sign:
Good Communication
You and your spouse are on speaking terms and are committed to resolving your divorce terms as civilly as possible. While this can change, it shows restraint and can be indicative of continued goodwill.
Clear Divorce Priorities
You have established firm divorce priorities that allow you to choose your battles wisely and engage in more generous compromise when it comes to matters that are less important to you. When you place the same amount of weight on every aspect of your divorce, it can slow things down considerably and is unlikely to serve you well.
Putting Your Children First
You and your spouse are determined to make things as easy for your children as you possibly can, and you allow this shared focus to guide your negotiations.
Legal Representation
You and your divorcing spouse are each working closely with a seasoned divorce attorney who is helping to move your case forward while ensuring that your rights remain intact. If you don’t have a divorce lawyer yet, contact us today for an attorney who can efficiently guide you through the divorce process.
Lack of Complicating Factors
You don’t share children with your divorcing spouse, and your assets are clearly defined.
When You Know You Are in for the Long Haul
There are certain divorce factors that will undeniably extend the amount of time required to finalize your divorce.
One of You Is Seeking a Fault-Based Divorce
If either you or your spouse are seeking a fault-based divorce, such as on the grounds of adultery or cruelty, you should expect a battle and should plan on your case going to trial. The spouse claiming fault is called upon to prove the other spouse’s wrongdoing to obtain a divorce based on fault.
These contested divorces are more time-consuming and tend to be more costly and hotly contested. This said, there are instances when seeking a fault-based divorce is advised. Contact a knowledgeable divorce lawyer to learn if a fault-based divorce is right for you.
You Share High Assets
The higher your assets are, the more challenging the division of your marital property is likely to be, and it can take a considerable amount of time just to assess what you have accurately. With high assets, you’re more likely to need valuations and forensic accounting, which are important to protect your financial rights.
If your assets are high or are otherwise complex, such as in relation to business ownership, you’ll need to take the time necessary to get things right.
You’re Very Far Apart on the Terms of Your Divorce
When you’re heading into a divorce, no one expects you and your spouse to be on exactly the same page regarding every term that applies, but the greater the distance between you on primary terms like the division of your marital property or your child custody arrangements, the more likely it is that your case will drag on.
On the flip side, if you’re both committed to productive negotiations – no matter how far apart you are when you begin the process, you may be surprised by how quickly you resolve your terms.
Your Spouse Is Firmly Committed to Making Things Difficult
While you may consider your spouse fairly measured and a reasonable person overall, you should never underestimate the effect that divorce can have on a person. Divorce is an emotional rollercoaster that can push the steadiest among us to act irrationally, and if your spouse is affected in this way, you’re very likely in for a bumpy ride.
When one spouse is dedicated to making the divorce as difficult as possible – regardless of even his or her own best interests – it generally means heading to court, which is a more time-consuming process.
A 61-Day Divorce Is Possible – Potentially
Even if you and your divorcing spouse agree on every aspect of your divorce and never waver, it doesn’t necessarily mean that you’ll be divorced on day 61. For this outcome, the court’s docket must align with your timeframe.
Ultimately, you’ll need a prove-up hearing with the court to finalize your case, which can’t happen until day 61. Even if the court can’t accommodate you on that exact day, your case shouldn’t take much longer than 61 days if you’re able to find common ground quickly.
The prove-up generally amounts to a formality. The court will consider the terms you’ve mutually agreed to and is very likely to accept them.
If Your Spouse Files a Written Waiver of Service
If you and your spouse discussed the matter of your divorce calmly and rationally prior to filing, and if your spouse has filed a written waiver of service, which means you don’t need to have your spouse officially served with the divorce papers, it’s generally a pretty good indicator that your divorce will proceed apace.
Typically, this means that the terms you included are satisfactory and that you won’t need to engage in a lot of back-and-forth negotiations, which can take a considerable amount of time.
Further, if you had your spouse served with divorce papers and he or she failed to respond or to countersue, it typically means your spouse is willing to accept the included terms.
Speed vs. Careful Consideration
You shouldn’t sacrifice your divorce terms simply because you want to put the matter behind you as quickly as you possibly can. If you can obtain a speedy divorce without jeopardizing your rights or favorable terms, that’s great, but it often comes down to a balancing act.
Ensuring that your divorce terms support your financial and parental rights can take considerably longer than 60 days, and when this is the case, taking the extra time that you need is advised.
On the other hand, you could spend two lifetimes attempting to perfect every element of your divorce, but that’s not going to do you or your children any favors. Striking the right balance between the two is key. A skilled Round Rock divorce attorney can help you in this pursuit
The Terms of Your Divorce
Every divorce boils down to the basic terms that must be resolved, and while no two divorces are alike, these terms don’t vary.
The Division of Your Marital Property
Over the course of your marriage, you and your spouse likely acquired assets, and they are all considered marital property. Upon divorce, these assets must be divided between you in a manner that is just and right, which often, but not always, means equally.
There are many factors, including those listed below, that can tip this division in one direction or the other:
The length of your marriage
Each spouse’s age and overall health
Each spouse’s income
Each spouse’s contributions to the marriage, including homemaking and childcare
The tax implications of each proposed division
Whether fault played a role in the divorce – even in a no-fault divorce, spending a significant amount of marital assets on an adulterous affair can affect property division
Separate assets are the assets that either of you owed prior to marriage and kept separate throughout. These belong solely to the original owner, but any commingling of finances between marital and separate assets can wear away at the dividing line between them.
Your Child Custody Arrangements
Texas divides child custody into parenting time (physical custody) and parental responsibilities (legal custody). Texas courts strive to uphold children’s best interests in every case involving child custody. They support both parents receiving generous parenting time and sharing decision-making authority unless there is a serious reason for ruling otherwise.
Parenting Time
The basic options when it comes to parenting time are that one parent can become the primary custodial parent or that both parents can split their time with the kids more equally.
If one spouse is awarded the role of primary custodial parent, it means that he or she has the right to determine where the children will make their primary home – within the mileage limits set by the court – and will have the children for the majority of their overnights.
Legal Custody
Legal custody refers to each parent’s decision-making power. With shared legal custody, one of the following scenarios will apply:
Parents will make primary parenting decisions together the way they did when they were married.
Parents will make the primary parenting decisions together, but one parent will have the authority to break a tie if it becomes absolutely necessary to do so.
Parents will divide the decisions between themselves according to category.
When sole legal custody is deemed more appropriate, the assigned parent is responsible for making all of the important parenting decisions on behalf of the children.
The following kinds of decisions are involved in legal custody:
Decisions about your children’s schooling and daycare
Decisions about your children’s health care
Decisions about your children’s religious education
Decisions about your children’s participation in extracurriculars
Child Support
Child support is calculated in Texas according to predetermined guidelines. While a range of factors can play a role, the primary concerns are the amount of parenting time each spouse receives and each spouse’s earnings. Ultimately, the higher earner among you is very likely to pay child support to the other.
The amount paid is based on the number of children covered, which breaks down as follows:
For 1 child, the parent with the obligation pays 20 percent of net income.
For 2 children, the parent with the obligation pays 25 percent of net income.
For 3 children, the parent with the obligation pays 30 percent of net income.
For 4 children, the parent with the obligation pays 35 percent of net income.
For 5 children, the parent with the obligation pays 40 percent of net income.
Beyond this, the parent with the child support obligation will pay at least 40 percent of net income.
Spousal Maintenance
In Texas, alimony is called spousal maintenance, and it only comes into play when the divorce leaves one spouse without the financial ability to cover his or her own reasonable needs while his or her ex has the means to help.
Alimony is more the exception than the rule, but when it is ordered, it’s generally set for an amount and a duration that allows the recipient to become more financially independent through further education or the acquisition of job skills.
Make the Call to an Experienced Round Rock Divorce Attorney Today
Brett Pritchard at the Law Office of Brett H. Pritchard is a savvy divorce attorney – proudly serving Round Rock for more than two decades – who is committed to helping you obtain a divorce as quickly as possible while protecting your rights along the way. Learn more by contacting us online or calling us at (254) 781-4222 and scheduling a FREE consultation today.