If you’re looking to expedite your divorce in Texas significantly, working collaboratively with your spouse before filing can be the key to a swift resolution. Divorce is a challenging process, both emotionally and financially, and most people aim for a quick and efficient resolution. In this blog post from the Law Office of Bryan Fagan, we’ll explore how you can streamline your divorce proceedings and achieve a quicker resolution.
Time is Relative in Divorce
In the world of divorce, the definition of “quick” varies from person to person. Some see quick as the time it takes to heat a meal in a microwave, while others view it as the slow and steady pace of a sundial. In Texas, the fastest most divorces can be finalized is within sixty days. This means that within sixty days of filing your divorce petition, you can present a Final Decree of Divorce to the judge, signed by both you and your spouse.
Initiating Your Divorce: The Petition for Divorce
The initial step in your divorce journey is filing a “Petition for Divorce.” This document provides vital information to the court, including your and your spouse’s identity, whether you have children, and the grounds for your divorce. If your divorce is based on reasons like abandonment, abuse, or infidelity, it may not qualify as a “quick and easy” divorce, as we’ll discuss later.
However, it’s essential to note that a quick and easy divorce isn’t always necessary. What you truly need is a divorce that effectively addresses all loose ends in your marriage, fairly divides community property, and ensures a stable future for you and your children. If you can achieve this quickly, that’s fantastic, and if you’re in Texas, you can consider seeking assistance from the experienced legal professionals at the Law Office of Bryan Fagan.
The Waiting Game: The 60-Day Waiting Period
After filing for divorce, you’ll find yourself in a waiting period. A process server or constable will formally serve your spouse with divorce papers, or they may agree to sign a waiver of service. For uncontested divorces, where both parties agree on all issues, the latter option is the preferred choice as it speeds up the process.
During this waiting period, you and your spouse must endure at least sixty days before presenting your signed and finalized final decree of divorce to the judge. This waiting period, mandated by the Texas Family Code, serves as a cooling-off period to ensure divorce is the right decision. However, reconciliation is relatively rare during this time.
The Best-Case Scenario: 61 Days
It’s essential to recognize that sixty-one days represent the best-case scenario for most divorces. However, the majority of cases take longer. Achieving everything required within just two months is more complex than it may seem. This is particularly true when considering that all issues must be resolved, and both parties must agree on every single aspect of the divorce process. If you find yourself in a situation where your divorce is taking longer than expected, seeking guidance from a knowledgeable attorney from the Law Office of Bryan Fagan can help navigate any challenges that may arise during the process.
If both you and your spouse are in agreement on the divorce terms, signing a waiver of service can significantly expedite the process, particularly in the case of an uncontested divorce. However, it’s important to note that not all spouses may be willing to sign such a waiver. Therefore, before making any decisions, it is highly advisable to consult with an attorney who specializes in family law.
Crafting the Final Decree of Divorce
For divorces involving children, the final decree must address custody, visitation, and child support. Property division, particularly community property (assets acquired during the marriage), also requires equitable distribution. Once all these aspects are covered in the final decree, you or your spouse will attend a short, uncontested hearing with the judge.
Law Office of Bryan Fagan: Hiring an Attorney for a Smooth Process
While it is indeed possible to achieve a quick divorce, it is advisable to seek legal representation. By having an attorney by your side, you can significantly reduce the chances of encountering potential complications during the process. Their expertise can play a pivotal role in facilitating the progress of your case without unnecessary delays.
Furthermore, for those seeking more information or considering legal assistance, we invite you to reach out to us at the Law Office of Bryan Fagan, PLLC. Our dedicated team of licensed family law attorneys is available for free consultations six days a week, ensuring that you receive the guidance and support you need during this challenging time.
Other Related Articles
- Analyzing the Difference Between Contested and Uncontested Divorce in Texas
- How to Set an Uncontested Final Hearing (Family Law)
- Contested vs. Uncontested Divorce in Texas
- How to navigate an uncontested divorce in Texas
- How to do Your Own Uncontested Divorce in Texas
- Getting Uncontested Texas Divorce
- Frequently Asked Questions About Uncontested and No-Fault Divorce
- Uncontested Divorces in Texas
- The Simplified Process for an Uncontested Divorce in Texas
- Uncontested Divorce Attorney
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
