How Long Does It Take to Finalize A Divorce?

 When you marry, you rarely anticipate your relationship to ever come to an end. The unfortunate reality is that many couples consider divorcing throughout their union, and many couples that do contemplate divorcing will end up doing so. If you have concerns that your marriage relationship can no longer be salvaged, it is understandable that you may wish to move through the divorce process as quickly as possible. Ending a marriage is emotionally difficult, but your post-divorce life can represent a fresh start. So, it is important to remain optimistic, although you will undoubtedly want to know how long the divorce process will last.

First, it is important to acknowledge that each divorce is different and presents its own unique hurdles. It is impossible to give an exact timeline. Many issues could arise that impact the duration of the proceedings. Your attorney will handle essential tasks on your behalf, such as the ones listed below. However, you can gain some perspective on the duration of a case by familiarizing yourself with the steps that are involved.

Prepare & Plan

The best way to ensure the smoothest transition begins before you even file for divorce. In addition to procuring competent counsel, you can set yourself up for an easier road by opening separate accounts, creating a list of community and separate property, addressing care for and needs of any children shared with your spouse, and creating current and prospective budget of your monthly needs and expenses.

Filing for Divorce

Either spouse can file for divorce. The first party to file is designated as the petitioner and the other party is then referred to as the respondent. The petitioner’s original filing for divorce will need to include a reason for the breakdown of the marital partnership, but you do not necessarily need to include specific grounds for divorce as Texas is “no-fault divorce” state. After divorce petition is filed, the petitioner must serve the respondent with those pleadings along with notice of any preliminary hearings. If a divorce is uncontested, the respondent can decline personal service of process by executing a waiver of service without also waiving any of their rights to defend and pursue their requested relief as to children and property.  

Establish Temporary Orders

The time between initiating divorce and the entry of the final decree can vary. This is especially true if the parties involved need to request that the court enter temporary orders. Basically, temporary orders line out what the parties should and should not do while the divorce is pending, and will also address temporary custody, possession and access, child support and spousal support, as well as access to community property owned by the parties and responsibility for recurring monthly expenses of the household.

Resolution of Divorce Issues

The most common issues that arise in any divorce include the division of property (both assets and liabilities) between spouses and custody, possession and access and support of any children born or adopted during the marriage. In many cases, the parties can reach agreements on these details without court intervention through informal settlement discussions or mediation, with the guidance of their respective attorneys. If an agreement is reached in mediation, a judge must approve the parties’ agreements if the parties assert that the terms of settlement are in the children’s best interest and that the property division is fair and equitable to each party. If both parties cannot reach an agreement on these items, the court will hold a contested hearing or trial, as necessary. At the conclusion of the hearing or trial, the Judge will issue a ruling that both parties are essentially “stuck” with and must follow unless that judgment is appealed or modified.

Final Divorce Decree

Whether the issues are resolved by mutual agreement, mediation, or through a contested hearing, the case concludes when a Judge enters a final divorce decree. The final decree will line out specific details on property division, custody, possession and access, and future support of the children and/or one of the spouses. The court’s order has the full legal effect of law, so there are consequences if a party violates the terms. The final decree can later be modified by agreement of the parties or through a the modification process.

Jenkins & Kamin LLP is one of the most respected family law firms in Texas. The firm is noted for its “team” approach by pairing skilled attorneys, paralegals and other support staff to enhance each client’s experience in difficult life transitions.

In addition to the “team” approach, Jenkins & Kamin, LLP strives to personalize case strategies for each individual client, including identification of every particular legal issue and effective explanation of the law with respect to those issues.  Jenkins & Kamin, LLP endeavors to achieve a resolution that is appropriate for each client, while aggressively advocating on their behalf when necessary. Having a dedicated and experienced team working with you in any family law matter is of utmost importance to achieve the best result possible.

Jenkins & Kamin LLP represents clients in the following aspects of family law practice: Marital Property Agreements, Divorce, Complex Property Issues, Child Custody & Visitation, Child Support, Parentage, Modifications, Family Law Appeals and Dispute Resolution Alternatives. To learn more about the firm, visit www.jenkinskamin.com or contact one of our offices in the greater Houston area.