Divorce is a complicated time in your life. It is both an emotional and legal process, and both are happening at the same time. Moving Forward Divorce Lawyers have helped countless Houstonians when filing for divorce, and we can represent and advocate for you.
It is critical to know as much as possible about the divorce process before you begin. The better informed you are, the more you can formulate a strategy to achieve your aims. Most likely, your divorce will be a negotiated agreement, but you may have to take your case to court.
For the legal counsel you need, call the Moving Forward Divorce Lawyers. We help you plan your strategy and work to achieve it in negotiations or litigation. You should call us as soon as you begin to consider a divorce.
Here are some key points to know about a Texas divorce before you file your case.
Most Divorces Are No-Fault
There are two ways to get divorced in Texas:
- A fault divorce is when one spouse has done something, such as adultery or mental or physical abuse, that has led to the breakup of a marriage. A spouse may seek a fault divorce when the couple cannot agree on key issues. Fault divorces will be contested because the spouse alleging fault must prove their case.
- A no-fault divorce is when the couple simply cannot get along. Nobody was to blame for the divorce. The spouses have decided that they no longer wish to be married.
Most Texas divorces will be no-fault. It is an easier and less complicated way to end your marriage.
All Legal Issues Must Be Resolved
For the court to issue an order that ends your marriage, all legal aspects of your relationship with your spouse must be settled or decided. For example, if you own property together, you must decide how to divide the property, or the court will do it for you. The same thing goes for custody when you have children together.
Most divorce cases are settled through negotiation between the spouses with the help of their attorneys. They may negotiate through their lawyers, or they can hire a mediator to help them resolve issues. Divorce trials are actually rare. Even if one spouse files a divorce lawsuit in court, chances are that it will be settled before it goes in front of a judge for a hearing. Divorce trials can be lengthy and costly, but they are necessary if you just cannot agree on a settlement.
The Length of the Divorce Process Depends on Your Case
Clients often want to know how long it will take for them to get divorced. There is no “one-size-fits-all” answer to that question. Everything depends on whether you can resolve your legal issues and whether the divorce is contested.
If your divorce is uncontested, the timing depends on the court’s schedule. Ordinarily, you can expect it to take 3-4 months from the time that you file for the divorce to be final. However, it may take some time and negotiation before you can get to the point where your divorce is uncontested.
If your divorce is contested, it can take a year or more for your divorce to be final. You must go through all parts of the trial process, including discovery, depositions and a hearing. The court’s schedule will control the timing of your divorce.
You Need Legal Help with the Process
Divorce is always difficult, both from an emotional and a legal standpoint. You should get help every way that you can in a divorce. Legally, it means that you should hire an experienced divorce lawyer to represent you.
A lawyer will handle the details of your divorce, keeping you from having to engage in the process any more than you already have. Your attorney can take some of the burden off you by negotiating with the other’s spouse’s lawyer and drafting and reviewing legal documents.
Without an attorney, you may be more likely to make a mistake that compromises your interests. You may not know the legal rights or the process. Once a court order regarding property is entered, it cannot be modified. Orders regarding custody, child support and spousal support may be difficult to change in the future.
Contact a Houston Divorce Lawyer Today
Call the Moving Forward Divorce Lawyers at 783-589-4748 to get started on your case with a free initial consultation. Our divorce lawyers in Houston will partner with you throughout your process to work for the best possible result. You do not have to go through your divorce alone, nor should you even try.
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