Divorce In Texas How Long Does It Take?

In Texas, you can file for either a no-fault divorce or a fault divorce. A no-fault divorce means that neither party is required to prove that the other spouse did something wrong leading to the divorce. A fault divorce, on the other hand, is where one party alleges that the other’s misconduct, such as adultery or cruelty, led to the divorce. This can impact property division and alimony.

In Texas, which is a community property state, most property acquired during the marriage, except for gifts or inheritances, is considered marital property. This means it’s owned jointly by both spouses and must be divided upon divorce. Separate property, on the other hand, includes anything you owned before the marriage, as well as gifts or inheritances received during the marriage. This type of property isn’t subject to division in a divorce.

In a Texas divorce, marital property is divided between the spouses. This includes most property acquired during the marriage. The division is intended to be equitable, which means fair but not necessarily equal. Separate property, which includes anything owned before the marriage and gifts or inheritances received during the marriage, remains with the original owner and isn’t divided.

In general, separate property remains separate in a Texas divorce. However, it can become marital property if it’s commingled with marital property to the point where it can no longer be distinguished, or if the other spouse contributes to its increase in value.

The family home is usually considered marital property in Texas, unless it was owned by one spouse before the marriage or was received as a gift or inheritance. In a divorce, the court may order the home to be sold and the proceeds divided, or it may award the home to one spouse, often the one with primary custody of the children.

Debts incurred during the marriage are generally considered marital debt and are divided between the spouses in a Texas divorce. This includes credit card debt, mortgages, and car loans. Separate debt, such as student loans incurred before the marriage, usually remains with the spouse who incurred it.

An uncontested divorce in Texas is when both parties agree on all issues, including property division, child custody, and support. This process is usually quicker and less expensive. A contested divorce is when spouses can’t agree on one or more issues, requiring court intervention. If one spouse files for divorce and the other doesn’t respond within a specified time frame, the court may grant a default divorce.

An uncontested divorce in Texas is when both parties agree on all issues, including property division, child custody, and support. This process is usually quicker and less expensive. A contested divorce is when spouses can’t agree on one or more issues, requiring court intervention. If one spouse files for divorce and the other doesn’t respond within a specified time frame, the court may grant a default divorce.

If one spouse files for divorce and the other doesn’t respond within a specified time frame the court may grant a default divorce. It’s usually 60 days but there can be exceptions if the non-responder is convicted of domestic violence.

Texas doesn’t automatically provide free attorneys for divorce cases. However, if you can’t afford one, you might qualify for legal aid or pro bono services from local legal organizations.

Temporary orders are interim orders that can be requested from the court to address issues like child custody, support, or property concerns while the divorce is pending. These orders provide temporary solutions until the final divorce decree is issued. In New Jersey, they are called Pendente Lite, and it’s important to note that when it comes to the enforcement of temporary orders in New Jersey, they are not treated as child support, rather alimony. This prevented me from successfully enforcing any orders throughout this egregious case, which was a major issue considering I lost my clients due to COVID, didn’t qualify for a single supplement program, and have two kids. My point? Just get through the case as quickly as possible to avoid the circumstances I went through and to act as a fair warning because, at first, I foolishly thought the courts had my and my children’s backs on this one. HA !

I wouldn’t know because my ex disclosed nothing, which is what took the court so long, sort of. But what is supposed to happen in a contested divorce involves both parties gathering information from each other about finances, property, and other relevant issues. This can include interrogatories

 A thick book-like stack of papers with an absurd amount of repetitive questions, made up by the opposing council, that must be answered, and you are under oath. Mine had at least 300 questions. Technically, It’s a written deposition (oral questioning under oath), and formal document requests.  An experienced attorney asks repetitive questions—I’m talking  20 different ways, to catch you in lies so they can raise concern for your ‘questionable character’ in court.

PRO TIP: Before you fill out interrogatories, make a cover page with your letterhead , make a copy, and send the opposing side the same questions  for them to answer and the same documents they requested.  They usually wait until the last second to send anything, and there is a time constraint to get every document to each party before it is filed, so don’t procrastinate at all. This is perfectly acceptable, maybe not kosher, but legal and relevant.

You know those times when kids can’t decide who gets the last cookie, so they bring in a neutral third-party (usually a sneaky older sibling) to make the call? Well, divorce mediation is kinda like that, but for adults and with way more at stake than a cookie.

So, What’s Divorce Mediation? It’s a process where both parties in a divorce sit down with a neutral third person (the mediator) to work out their differences. Think of the mediator as a referee in a very emotional soccer match. They don’t take sides; they just help guide the conversation.

And Alternative Dispute Resolution (ADR)? It’s like the umbrella term for all the ways you can resolve disputes without going to court. Mediation is one form of ADR, but there are others like arbitration (where a neutral person makes a decision for you) and collaborative law (where everyone works together to find a solution).

Why Bother?

1. Save Money: Court battles can drain your wallet faster than a teenager with your credit card.
2. Less Stress: It’s a more relaxed setting than a courtroom. No judge’s robes or intimidating gavels.
3. You Have Control: Instead of leaving decisions to a judge, you and your ex get to call the shots.

Why Not? 

I don’t know. Ask my ex husband.

If you two are more stubborn than a mule and can’t agree even after mediation, then it’s off to trial. Here, a judge will hear both sides and make the decisions for you. Warning: this is the most time-consuming and expensive route.

1. Hire a Posse: And by posse, I mean lawyers. If things are getting complicated, it might be time to get legal eagles on your side. If  you are like me and you can no longer pay for an attorney, you had better be prepared to spend weeks or months preparing. This is an absolute drain on your mental health for many reasons, but there are things that can help ease the stress. Which I have discussed in the post on pro-se-divorce

2. Appeal (The Last Resort): If you think the judge was more crooked than a country road, you can appeal the decision. But this is a long shot and can be as rare as finding water in the desert.

Once all issues are resolved in a divorce, the court will issue a “Decree of Divorce,” which officially ends the marriage. This document outlines all the terms of the divorce, including property division, child custody and support, and any other relevant issues.

Child support matters in Texas may be handled by various district courts, county courts at law, and child support specialty courts. However, the Texas Office of the Attorney General is the official child support enforcement agency for the state.

No, Texas does not recognize legal separation. This means that even if you’re living apart from your spouse, you’re still legally married until the court grants a divorce.

If you need a copy of your divorce decree in Texas, you can visit the district clerk’s office in the county where you got divorced. They’ll have all the records, and for a small fee, you can get an official cop