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Finalizing your divorce in Texas involves more than just signing the final papers. After the emotional and financial challenges, it can be tempting to rush through the process, but taking the time to properly complete the steps is essential to avoid future complications. Understanding the final decree of divorce in Texas is crucial to ensure all aspects of the divorce are handled correctly before you move on. Here’s what you need to know to make sure everything is in order.
Understanding the 60-Day Waiting Period
Before finalizing a divorce in Texas, the law requires you to wait at least 60 days after filing. This waiting period ensures both parties have time to reconsider their decisions and prepare for the next steps. Even if you and your spouse settle early, you can’t complete the divorce until the 60-day period passes.
Some people believe they can speed up the process, but the law doesn’t allow it. Even in straightforward cases, the court won’t sign off on a final divorce decree before the waiting period ends. Most divorces take several months, so the 60-day rule is rarely an issue for most couples. However, those in a rush to finalize should plan accordingly.
Finalizing Through Mediation, Settlement, or Trial
There are three main ways to wrap up a divorce: mediation, informal settlement, or trial. Each option has its pros and cons, depending on the circumstances.
Mediation
Mediation is a common and efficient way to resolve disputes without a trial. Couples work with a neutral mediator to negotiate terms on property division, child custody, and other important issues. Mediators help both sides find a middle ground and avoid the costs and stress of a trial. Most divorces settle through mediation, making it a reliable option for many couples.
Informal Settlements
Some divorces settle through informal negotiations between spouses and their attorneys. This method allows both parties to negotiate directly without involving a mediator. However, informal settlements come with risks. If either party refuses to sign a final agreement, the terms aren’t binding. That uncertainty makes mediation a more secure option for many couples.
Trial
Trial serves as the last resort if you can’t settle through mediation or informal negotiations. During a trial, a judge hears the arguments from both sides and decides the outcome. Trials are typically more time-consuming and expensive, which is why most couples prefer to settle out of court. Only about 10% of divorce cases reach trial in Texas.
Necessary Paperwork to Complete Your Divorce
Completing the right paperwork is crucial to finalize your divorce. Missing forms can delay the process or cause additional headaches down the road.
Final Decree of Divorce
The final decree is the document that officially ends your marriage. It outlines the terms of the divorce, including how property will be divided, child custody arrangements, and any other agreements between the spouses. This decree must be reviewed and signed by both parties and submitted to the court for approval.
Wage Withholding Order
If the court orders child support, you must file a wage withholding order. This document instructs the paying spouse’s employer to automatically deduct child support payments from their paycheck. The wage withholding order remains in effect until the court modifies it or one of the spouses requests a change.
Additional Forms
Depending on your case, you may need additional paperwork, like a Qualified Domestic Relations Order (QDRO), to divide retirement accounts. Check with your county clerk to ensure you have all the required documents. Without these, the court may not grant your divorce.
Handling a Default Judgment
Sometimes, one spouse refuses to participate in the divorce. If your spouse ignores the case after being served, you can request a default judgment to finalize the divorce without their input.
First, make sure the court has proof that your spouse was properly served with the divorce papers. You will need to present this to the judge, along with your final decree of divorce. The judge will review your proposed decree and make a decision, especially in matters involving children, where the court prioritizes the best interests of the child.
Default divorces allow one party to move forward even if the other refuses to cooperate. However, it’s important to follow all procedural steps to avoid delays or complications.
Essential Elements of a Final Decree of Divorce
A strong final decree of divorce addresses two key areas: property division and child-related issues.
Division of Property
The decree should clearly state how community property is divided. This includes real estate, retirement accounts, vehicles, and other assets. For example, the decree might specify if the family home will be sold and how the proceeds will be split, or if one spouse will keep the house and pay the other their share of equity. Clarity in these terms helps prevent future disputes.
Custody and Child Support
For families with children, the decree must address custody, visitation, and child support. One spouse may be designated the primary conservator, with the other paying child support. The decree should also include a specific visitation schedule, leaving little room for ambiguity. A vague agreement can cause confusion and conflict, so the more detailed, the better.
Conclusion
Completing your Texas divorce requires careful attention to legal details and paperwork. It’s important to ensure everything is in order before submitting your documents to the court to prevent unnecessary delays. Whether you reach a settlement through mediation or need a default judgment, properly handling the final decree of divorce in Texas is crucial for ensuring a smooth transition to your new life. Taking these final steps with precision will help you move forward without complications.
Other Related Articles:
- Finalizing a Divorce in Texas
- What Happens if My Ex-Spouse Refuses to Sign the Final Decree of Divorce Revisited
- What is a Final Decree of Divorce?
- Understanding the Final Decree of Divorce in Texas: Your Complete Guide
- How do You Know when the Divorce is Final
- Final steps of a divorce in Texas
- What are the issues involved in a high-net-worth divorce?
- Can you mediate and settle before filing for divorce in Texas?
- Divorce dances: Legal asset splits in Texas
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