Blogs from June, 2024

Divorce, rings and signature on paperwork for a lawyer

As a Texas family lawyer, one of the most common questions I receive from clients is, "What is the fastest way to get an agreed divorce in Texas?"

An agreed divorce, also known as an uncontested divorce, is the most efficient and cost-effective way to end a marriage when both parties are in agreement on all terms of the divorce.

In Texas, the minimum waiting period for a divorce is 60 days from the date the original petition for divorce is filed with the court. This waiting period is mandatory and cannot be waived (except in a few, uncommon circumstances), even if both parties are in full agreement. However, once the 60-day waiting period has passed, an agreed divorce can be finalized relatively quickly.

To achieve the fastest possible agreed divorce in Texas, follow these steps:

1. Reach an agreement: Before filing for divorce, discuss and agree upon all terms of the divorce with your spouse, including property division, spousal support, child custody and child support (if applicable).

2. Draft the necessary documents: Prepare the Original Petition for Divorce and the Final Decree of Divorce. These documents should reflect the terms of your agreement. If you need professional help preparing these documents, a fast, simple low-cost service like Simple Texas Divorce can help.

3. File the Original Petition for Divorce: File the petition with the appropriate district court in the county where you or your spouse reside. This step starts the 60-day waiting period.

4. Wait 60 days: During this time, gather any additional documentation needed for your divorce, such as property deeds, financial statements, and parenting plans.

5. Sign the Final Decree of Divorce: After the waiting period, review and sign the Final Decree of Divorce, ensuring it accurately reflects your agreement. This is a crucial step and it’s very important that the Agreed Decree of Divorce is drafted in accordance with Texas Laws and that it correctly reflects your agreements, including child-related custody and support agreements, and that it allocates all property of the parties. At Simple Texas Divorce, improperly drafted decrees are the main reason we see people failing to get their divorce granted or having to seek additional, and expensive, legal assistance after the divorce decree is entered.

6. Attend the final hearing: In most cases, only one party needs to attend the final hearing or, in a growing number of Courts, attending the hearing in person might not even be required. Whether in person, or by affidavit, the judge will review the Final Decree of Divorce and, if approved, will sign it, finalizing your divorce.

If you and your spouse have reached an agreement on all terms of your divorce, it is possible to have your divorce finalized as soon as the 61st day after filing the Original Petition for Divorce. However, this timeline assumes that all necessary documents are correctly prepared and filed in a timely manner.

It is highly recommended to consult with an experienced Texas divorce attorney to ensure that your rights are protected and that your divorce is handled efficiently. An attorney can help you navigate the legal process, draft the necessary documents, and address any unforeseen complications that may arise. At Simple Texas Divorce, we only help clients who have reached agreements with their spouse and want to get their divorce in a cost-efficient manner without any unexpected delays or expenses.

In conclusion, while the 60-day waiting period is mandatory in Texas, an agreed divorce can be finalized relatively quickly once this period has passed. By working together with your spouse and consulting with a knowledgeable attorney, you can achieve the fastest possible resolution to your divorce.