The pandemic may have disrupted many routines, but when it comes to how to get a divorce in Texas during the pandemic, the process remains open and accessible. While some court procedures have shifted, divorces are still moving forward. Understanding what’s changed and what hasn’t can save time and ease frustrations. Let’s look at the steps and essential tips for navigating a divorce during these unusual times in Texas.
Understanding Divorce Basics in Texas
Types of Divorce: No-Fault vs. Fault-Based
Texas offers two types of divorce: no-fault and fault-based. In a no-fault divorce, you simply state that your marriage has irreconcilable differences. This approach works for couples who can agree to part ways without placing blame on one another. In many cases, no-fault divorces keep the process straightforward, avoiding the need to prove specific issues in court.
However, some situations call for a fault-based divorce. If your marriage involves grounds like abandonment, domestic violence, or adultery, filing for a fault-based divorce may be an option. Choosing fault grounds can potentially impact property division, sometimes granting you a larger share of community assets if the court finds grounds to support your claim.
Initial Filing Requirements
Starting the divorce process requires filing an original divorce petition. This petition includes crucial information like your name, your spouse’s name, and, if applicable, your children’s names. Include any fault grounds you’re claiming if you’re filing a fault-based divorce. Accuracy in the filing details remains essential, especially if you’re specifying fault grounds. Even minor errors can delay your case or require additional amendments, so ensure all information is correct from the start.
Temporary Orders: Adjustments for COVID-19
Purpose of Temporary Orders
Temporary orders address essential arrangements for you and your spouse during the divorce process. They determine temporary custody schedules for children, outline support requirements, and provide guidance on temporary spousal support. These orders ensure both spouses have a clear structure while the divorce moves forward.
Court Limitations During the Pandemic
\With many family law courts prioritising emergency cases, it may be difficult to secure a timely hearing for non-urgent matters. Courts often reschedule non-emergency hearings, pushing them back for several months. As a result, setting up temporary orders through a court hearing may be challenging right now.
Mediation as an Alternative
Consider mediation as a quicker, more accessible alternative for creating temporary orders. During mediation, you, your spouse, and possibly attorneys, meet with a neutral mediator who assists in reaching agreements on custody, support, and other pressing issues. Many mediators now offer virtual sessions, allowing you to handle matters from your home or office. Mediation can streamline the process and often provides a less formal setting to work out temporary orders.
Final Orders: What to Expect
Differences Between Temporary and Final Orders
Temporary orders only last as long as your divorce proceedings. Once your case concludes, the court replaces these with final orders, which provide a long-term structure. While temporary orders establish a framework, final orders bring permanence to decisions about child custody, property division, and support.
Financial Considerations in Final Orders
During final order negotiations, address financial matters with a focus on future needs. Property division, ongoing financial support, and division of retirement accounts all come into play here. Take time to plan realistically, especially if you’ve been out of the workforce or share significant joint expenses. Knowing what you need in the long term can help you negotiate more effectively with your spouse and create a financial arrangement that supports your post-divorce life.
Impact of COVID-19 on Divorce Timelines and Procedures
Court Delays and Limited Access
With pandemic restrictions affecting court schedules, many cases face delays. Court closures or limited hours can push your timeline back, especially for non-emergency hearings. Prepare for these delays by working proactively with your spouse to minimise the need for court intervention.
Virtual Court Hearings
To keep cases moving, courts now offer video and phone hearings as alternatives to in-person proceedings. Familiarise yourself with the process of virtual hearings if your case goes to court, and ensure your documents and arguments are ready for a digital format. Virtual hearings may also provide added convenience, as you can attend without needing to physically go to the courthouse.
Importance of Flexibility
Direct collaboration with your spouse can reduce delays and make the divorce process smoother. When both parties work together, it’s easier to resolve issues outside of court, avoiding potential scheduling conflicts. This flexibility not only speeds up the process but can also help maintain a sense of control over the outcome, especially during uncertain times.
The Benefits of Mediation During the Pandemic
Why Mediation Works Now
Mediation offers a reliable alternative to court hearings, especially during the pandemic. Court schedules remain limited and often prioritise emergency cases, which can delay your divorce. With mediation, you avoid long waits and gain more control over your timeline. This option allows you to work out essential details faster and bypass much of the court’s scheduling constraints.
Virtual Mediation Options
Virtual mediation has become widely available, enabling both spouses to attend sessions from home. This setup ensures everyone’s health and safety while maintaining the mediation’s structure. During virtual mediation, each party can communicate separately with the mediator, who helps guide discussions on custody, finances, and other important issues. Virtual mediation saves time and offers flexibility, making it easier to balance divorce proceedings with other responsibilities.
Focus on Family-Centered Solutions
Mediation emphasises family-focused outcomes, allowing you and your spouse to create a plan that addresses everyone’s well-being. Instead of leaving decisions solely to a judge, mediation puts you in control, helping you agree on arrangements that work best for your family. This approach often leads to better cooperation, as both spouses contribute to a mutually beneficial solution. By prioritising your family’s needs, mediation can reduce the stress and tension often associated with divorce.
Common Questions and Concerns for Pandemic-Era Divorces
Is it Safe to Proceed Now?
Many people worry about the timing of their divorce due to health and logistical concerns. Rest assured that you can move forward safely, thanks to virtual options for court hearings and mediation. Courts have adapted to the current environment, and many professionals now offer remote consultations and virtual services. Following recommended safety protocols helps protect you while keeping your divorce on track.
What to Consider if You Have Children
If you have children, establishing a stable co-parenting plan becomes especially important. Temporary orders will outline a visitation schedule, making it clear when each parent spends time with the children. Work with your spouse to create a consistent plan that reduces disruptions and prioritises your children’s needs. Focus on open communication to keep both households on the same page, helping your children adjust smoothly.
Managing Anxiety and Stress During Divorce
Divorce itself brings emotional challenges, and the pandemic adds another layer of stress. Take steps to manage your mental well-being by establishing a support network, whether through friends, family, or professionals. Engage in activities that help reduce stress, such as regular exercise, hobbies, or mindfulness practices. Staying organised with your divorce process can also lessen anxiety, giving you a sense of control during uncertain times.
Conclusion: Preparing for Divorce in the COVID-19 Era
Going through a divorce during the pandemic may seem daunting, but it’s manageable with preparation and a cooperative mindset. You can make the process smoother by considering options like mediation, prioritising family-focused solutions, and addressing your own well-being along the way. Consult a legal professional to explore your options and develop a strategy that supports your goals. With the right approach, you can achieve a fair resolution that sets a positive foundation for your future.
Other Related Articles:
- Key Questions You Must Answer Honestly Before You Get a COVID Divorce
- How the COVID-19 Pandemic has Slowed the Divorce Process
- Ways a Self-Quarantine During COVID-19 Could Help You in Divorce
- Are Divorce Rates and Custody Issues Linked to COVID-19?
- Rebuild Your Life and Career After a Divorce During COVID-19
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.
