Understanding the Divorce Process


The 60-Day Waiting Period

In Texas, there’s a 60-day waiting period after filing for divorce. This time gives couples a chance to reconsider their decision and possibly reconcile. However, if you’re certain that divorce is the right step, having a skilled divorce attorney in San Antonio can help you get things moving quickly.

During this waiting period, it’s crucial to ensure that everything—from paperwork to child custody arrangements—is handled properly. If there are urgent matters like child support or who stays in the house, I can help you take swift action.

What Happens When You Can’t Agree?

Sometimes, couples can’t agree on key issues like child custody, property division, or spousal support. When this happens, the court will step in. This is called a contested divorce, and it can take longer to resolve. The judge will consider factors such as:

  • What’s best for the children
  • Each spouse’s financial situation
  • Contributions to the marriage, both financially and emotionally

Having a strong lawyer by your side is critical in these cases. I’ll fight to make sure you’re treated fairly, whether it’s about finances, your relationship with your children, or your future.

Speeding Up the Divorce Process

If you and your spouse agree on everything, you may be able to file for an uncontested divorce, which can be finalized in just over two months. By working with an experienced attorney who understands the process, we can minimize delays and make the divorce smoother and less stressful for everyone involved.

No-Fault Divorce in Texas

In Texas, we have what’s called a no-fault divorce. This means you don’t need to prove that either spouse did something wrong to end the marriage. You can simply state that the marriage is no longer working. This can help reduce conflict and make the divorce go more smoothly.

The first step is filing divorce papers with the court, which officially begins the process. These papers may include details about property division, child custody, and financial support. They must be filed in the county where you live. After filing, you’ll need to notify your spouse by either serving them the papers or having them sign a waiver saying they’ve been informed.

Going to Court vs. Mediation

If you and your spouse can’t agree on major issues, you may need to go to court. In court, a judge will listen to both sides and make decisions about property, child custody, and spousal support. While necessary in some cases, going to court can be time-consuming and expensive.

An alternative to court is mediation. In mediation, you and your spouse work with a neutral third party who helps you reach an agreement. Mediation is usually faster, cheaper, and more private than going to court. However, it only works if both sides are willing to cooperate. If your spouse isn’t willing to work things out, you might need to take your case to court.

Finalizing the Divorce

Once all the details have been worked out—whether through mediation or court—the judge will issue a final decision. This will cover everything, from property division to the custody agreement. After the judge signs the order, there’s a 30-day period where either side can ask for changes. Once that time is up, the divorce is final, and the terms can only be changed if both sides agree or the court finds a good reason.

Moving Forward After Divorce

Divorce is a life-changing experience that affects your family, finances, and future. That’s why it’s important to have the right legal support during this time. A lawyer can guide you through the process, make sure your interests are protected, and help you move forward with your life once the divorce is final.

For more information and A Free consultation, take your next, best step. Get the information and legal answers you are seeking by calling me at (210) 225-2828 today.

The Law Offices of Rudy Vasquez

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