The Divorce Process
The next steps in the divorce process include:
- Temporary orders: If the couple has children, the court may issue temporary orders regarding child custody, child support, and visitation. The court may also issue temporary orders regarding spousal support and property division.
- Discovery: During the discovery phase, both spouses will gather information about the other spouse's finances and assets. This information will be used to determine how property should be divided and whether one spouse should pay spousal support.
- Mediation: If the divorce is contested, the couple may be required to attend mediation. During mediation, a neutral third party will help the couple work through their issues and reach an agreement. If the couple is able to reach an agreement, the divorce is considered uncontested. If the couple is not able to reach an agreement, the divorce will go to trial.
- Trial: If the divorce goes to trial, a judge will make decisions regarding child custody, child support, visitation, spousal support, and property division. The judge will also grant the divorce.
- Final orders: After the divorce is granted, the judge will issue final orders regarding child custody, child support, visitation, spousal support, and property division.
Once the final orders are issued, the divorce is considered final. The couple is then legally divorced and can remarry if they choose to do so.
How Long Does It Take to Get a Divorce in Texas?
In Texas, there is a 60-day waiting period for divorce. This means that the court cannot grant a divorce until at least 60 days have passed since the divorce petition was filed.
In most cases, the divorce process takes longer than 60 days. The length of the divorce process depends on a variety of factors, including whether the divorce is contested or uncontested, whether the couple has children, and how complex the couple's assets are.
Contested vs. Uncontested Divorce
In a contested divorce, the couple is not able to agree on one or more of the issues in the divorce. This can include issues such as child custody, child support, visitation, spousal support, and property division. As a result, the couple will need to go to trial and have a judge make decisions regarding these issues.
In an uncontested divorce, the couple is able to agree on all of the issues in the divorce. This can make the divorce process much easier and less expensive. In an uncontested divorce, the couple will not need to go to trial. Instead, they will be able to reach an agreement and have a judge sign off on it.
Can I Get a Legal Separation in Texas?
In Texas, there is no legal separation. However, you can enter into a separation agreement with your spouse.
A separation agreement is a legally binding contract that outlines how the couple will handle issues such as child custody, child support, visitation, spousal support, and property division while they are separated. A separation agreement can be helpful if you and your spouse are not ready to get a divorce but want to live apart.
There are several reasons why you may want to enter into a separation agreement with your spouse. For example, you may want to live apart to see if you can work through your issues and save your marriage. You may also want to live apart to protect your finances and assets. A separation agreement can help you do this.
It is important to note that a separation agreement is not a divorce. If you and your spouse have a separation agreement, you are still legally married. This means that you cannot remarry. If you want to get a divorce, you will need to file a petition for divorce with the court.
How Can a Divorce Lawyer Help Me?
Divorce is a complex process that can be difficult to navigate on your own. A San Marcos divorce lawyer can help you understand your rights and obligations and work to protect your interests.
At Cofer & Connelly, PLLC, our San Marcos divorce attorneys can help you through every step of the divorce process. We can help you gather the necessary documents, fill out the required paperwork, and represent you in court. We can also help you negotiate a settlement with your spouse and work to protect your finances and assets.
Other benefits of hiring a divorce lawyer include:
- Experience: A divorce lawyer has experience handling divorce cases and can help you navigate the legal process.
- Objectivity: A divorce lawyer can provide you with an objective perspective and help you make informed decisions.
- Emotional support: A divorce lawyer can provide you with the emotional support you need during this difficult time.
- Less stress: A divorce lawyer can handle all of the legal aspects of your divorce so you can focus on moving forward.
Frequently Asked Questions About Divorce
What Should I Consider Before Filing for Divorce?
Before filing for divorce, several critical factors should be considered to ensure that you are making informed decisions. First and foremost, gather a complete understanding of your financial situation. This includes knowing the full scope of your joint and personal assets, debts, and any other financial obligations. Understanding your spouse's financial standing can also be beneficial in devising a strategy for property division. Additionally, consider the emotional and practical implications of custody arrangements if children are involved. It's essential to think about living arrangements, schooling, and everyday logistics. Engaging a divorce attorney at the pre-filing stage allows you to develop a roadmap that aligns with your priorities and safeguards your interests.
What Are the First Steps After Deciding to Divorce?
After deciding to divorce, there are several immediate actions to consider, which will set the course for the legal proceedings ahead. The primary step is seeking legal counsel to fully understand the legal framework and your rights. This stage is about making informed decisions regarding your future. Documenting your financial situation is vital; it provides a clear financial baseline for future negotiations. Start compiling all necessary documents, such as tax returns, pay stubs, mortgage information, and any pertinent legal documents, to streamline the information-gathering process. The next step includes setting temporary living arrangements and parental responsibilities, ensuring the children's daily lives remain as unaffected as possible. This preparation is essential and provides a solid foundation for the subsequent stages of the divorce process.
How Important Is Mediation in Divorce?
Mediation serves as an essential tool in resolving divorce disputes amicably and efficiently. By opting for mediation, couples have the opportunity to discuss and settle issues such as child custody, property division, and spousal support in a less adversarial setting. This process, often quicker and more cost-effective than court proceedings, allows for personalized solutions tailored to the family's unique circumstances. Mediators, as neutral third parties, facilitate communication and help identify common ground, leading to solutions less likely to be appealed or contested. Additionally, mediation keeps discussions private and encourages a respectful environment, reflecting positively on post-divorce relationships, especially where children are involved.
Call (512) 991-0576 or contact us online to schedule a consultation with our divorce lawyers in San Marcos, TX.
