It depends. The fastest you can get a divorce is 60 days because Texas has a waiting period before allowing former spouses to end their marriage. This is to make sure they have the time to determine if they really want to get divorced.

That being said, most couples will have disagreements throughout the process. This can make the divorce take longer–especially if these arguments are contentious.

Uncontested divorce can, however, be pretty quick and finalized after the 60-day “cooling off” period.

Texas law allows for “no-fault” divorces. This means that your partner doesn’t need to have a reason, legally, for divorcing you.

Courts will grant a divorce if your partner is able to prove they no longer love you or can no longer live with you.

An uncontested divorce is one in which both parties have amicably agreed on the division of property, child support and possession, and other essential aspects of a divorce.

Uncontested divorces are quicker, cleaner, and simpler for everyone involved, but it can be difficult to agree to these terms.

When two people divorce but cannot come to an amicable agreement to divide property or on child possession, they enter into a contested divorce.

A contested divorce will require mediation and may even go to trial. They take longer than an uncontested divorce, but if one spouse is being unreasonable it may be the only way to move forward.

A long time ago, if a person wanted to get divorced, both parties either had to agree to the divorce (which was unlikely) or one partner had to prove that their spouse as “at-fault” for the divorce.

Typically, that involved proving infidelity, alcoholism or substance abuse, physical abuse, a felony conviction, abandonment, or similar marital misbehavior.

Texas law now says that one partner can initiate a divorce without proving the other person is “at-fault.”

This is called a “no-fault” divorce, and it is the most common type of divorce in the state.

File a Petition

One spouse files a petition for divorce and its accompanying documents with the court clerk.

Serving Papers

The other spouse will be served divorce papers.

Answering the Petition

In a contested divorce, the respondent has about 20 days to answer that petition. In an uncontested divorce, they may additionally file a waiver of service that indicates.

Temporary Orders

A judge will issue a few temporary orders that each spouse will adhere to throughout the divorce. This includes child possession schedules, child support, initial division of property.

Financial Disclosures

Each party in the divorce will need to disclose their income, bank accounts, and other financial documents, including tax returns, retirement plans, and debts.

Finalizing an Agreed Divorce

If both parties agree, they’ll finalize the divorce and sign the final papers at this time. This dissolves their marriage.

Finalizing a Contested Divorce

If both parties don’t agree, their attorneys will begin the negotiation phase. This may include formal evaluations from custody evaluators and financial analysts. It can take significantly longer than an uncontested divorce, especially if one party isn’t negotiating in good faith.

If parties can’t reach an agreement, they’ll need to go to court in front of a judge.

You don’t, actually. Individuals who mostly agree about the division of property, child custody, and other potentially contentious issues may not need an attorney to develop the divorce agreement.

There are several services online that will provide you with the basic paperwork that you and your former spouse can fill out and file. You should, however, at least have an attorney review the final settlement.

Yes, but a lot of people don’t like the answer. If parties can come to an amicable agreement to divide property and child custody, attorneys can draft the agreement and submit it to the court.

It’s only when one or both parties refuse to negotiate an agreement that the case will go in front of the judge and, it should be noted, everything in the trial will become public information.

If a spouse purposefully delays the divorce–especially as a malicious attempt to drain their spouse’s resources via attorney fees–it’s possible to request a court hearing to resolve these matters.

The judge will typically issue a court order to ensure the party behaves.

If they are refusing to comply with a court order, they can be arrested and convicted of contempt of court. The threat of jail time normally makes them more compliant.

It is also possible to request attorney fees as part of a divorce settlement.

A divorce happens when a marriage is legal. With an annulment, the court determines that the marriage was never legal because one partner was already married, there was fraud involved, and other reasons.

The property that an individual purchases while married is considered community property–even if it’s personal property and bought with their own money.

Conversely, “Separate property” is property that a spouse owned before getting married or that was part of a gift or an inheritance.

In a divorce, all community property must be divided. It’s often one of the most difficult parts of a divorce.

It depends. Judges have a lot of discretion to determine how to split property. Their real guidance is to make a “just and equitable division” of that property, essentially ensuring that each party gets an equal share.

They may account for

• A partner’s education and work history
• Businesses or other employment opportunities
• The wealth gap between partners
• Health, age, disability, and other physical factors
• The custody of the child
• Any fault in the divorce
• And many, many more.

Yes, but it’s difficult to get. Most judges avoid allocating spousal support unless the wealth gap is significant or one spouse has very few (if any) job prospects.

When determining custody, courts will typically take the following into account:

• Each parent’s relationship with the child
• Each parent’s health and financial situation
• A history of neglect, abuse, or abandonment
• The child’s age and their preference
• The needs of the child–both emotional and physical

Courts wil determine child support based on the custody arrangement. The court wants the child to have, essentially, the same living conditions between homes and child support is supposed to create those conditions.