If you’ve chosen to divorce, you may be concerned about legal fees, the length of the process, and whether you’re making the correct decision. Want to know how much does a divorce cost in Texas? Texas is one of the top 5 states with the highest divorce costs. However, not all divorce cases are costly, painful, or endure for years.
A positive relationship with your husband or wife, even after you’ve chosen to split, might lead to an uncomplicated divorce because there will be no trial. A rapid divorce is generally the outcome of an agreeable or fairly agreeable divorce.
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Is it Possible to Get a Divorce Easily?
The divorce procedure doesn’t have to last months or even years. If you and your spouse can reach an agreement on custody, visits, spousal support, and property distribution, your divorce can be finalized easily.
Divorce is stressful and unpleasant regardless of the circumstances. After all, you’re dealing with a lengthy legal procedure as well as emotional and financial difficulties. While no two divorces are similar, most share the same basic pattern.
Step-by-Step Guide: How to Get a Divorce
Here’s a step-by-step breakdown of the divorce procedure.
Step 1: Submit a Divorce Petition
A divorce petition initiates the divorce process. Whether or not both parties have agreed to the split, one spouse must submit a legal petition requesting the court to end the marriage.
Step 2: Apply for Temporary Court Orders
Courts recognize that waiting a month for a court to finalize a divorce is not always realistic, such as if you are a homemaker who is caring for the children and financially reliant on your husband.
Once you file for divorce, you can petition the court for temporary orders involving custody of children, spousal support, and child support.
Step 3: Submit Proof of Service
When you file for a divorce or seek interim orders, you must give a copy of the documents to your spouse and file documentation with the court called evidence of service.
This document informs the courts that you followed the statutory procedures for providing (aka “serving”) a duplicate of the divorce petition to your spouse. A divorce case cannot be heard if you do not adequately serve the spouse and present proof of service.
If your spouse is open to the divorce and willing to sign an acknowledgment of service, this step might be simple.
Of course, if your partner just doesn’t want the relationship breakdown or the attempts to make the complex decision for you, the service of the process might be problematic for them.
In these situations, it is essential to use a credentialed expert who has prior experience delivering documents to difficult parties.
Step 4: Reach an Agreement
You will have to work out an agreement, but if you and your ex-spouse agree on issues like custody, support, and asset split, the court may order a settlement conference in which you, your partner, and your lawyer meet to discuss the matter.
Sometimes the court will arrange conciliation with a neutral party to help address any outstanding difficulties. Some states require mediation, but even if it is not mandated, it may be a beneficial method to save time, money, and stress during the divorce process.
Step 5: If Necessary, Go to Trial
If discussions collapse, the court must intervene, resulting in a divorce trial. A trial is usually held in front of a judge, although in rare situations, it may be conducted in front of a jury.
In any scenario, both parties submit proof and provide witnesses to back up their arguments about child custody, monetary support, property distribution, and other divorce-related issues.
Step 6: Complete the Judgment
The court signs the divorce decision at the end of the divorce procedure, whether it’s an acrimonious split or one that necessitates a trial.
This decree, also known as a dissolution order, terminates the marriage and outlines the terms of custody responsibilities and parental duty, spousal and child support, and the allocation of financial resources and debts.
If you and your soon-to-be ex reached an agreement, the filing spouse’s counsel would typically prepare the judgment. If the divorce goes to trial, the judge determines the final order.
In most jurisdictions, you are not required to engage a lawyer. Nonetheless, it may be the best way to safeguard your interests.
Whether it’s a consensual choice or a sudden move instigated by one spouse, divorce may be financially and mentally taxing. Understanding the procedures required in a divorce might help to make the process go more smoothly.
In most circumstances, it’s a good idea to consult with a divorce lawyer to explore your alternatives and preserve your rights.
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