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Dissolving a marriage can be one of the most stressful events you ever experience. While there are many reasons that divorce can be so overwhelming, uncertainty is one of them. Many people simply do not know what is involved in the divorce process, which can add to the element of the unknown.
Many people think of a legal professional as someone fighting for them in a divorce. While that can certainly be true, an attorney’s job starts with providing you with the information you need to make informed decisions, beginning with ensuring that you understand the Austin divorce process. When you understand what to expect, you are much less likely to be overwhelmed by stress and fear of the unknown, putting you in a better position to make good decisions.
Some states allow people to get divorced without a residency requirement or with only a very short residency period. Texas requires that one of the spouses must be a resident of the state for six months prior to filing a divorce. They also require that one of the spouses be a resident of the county where the divorce will be filed for 90 days.
Suppose neither person meets the residency requirements for an Austin divorce. In that case, they need to wait to file until they live in Travis County for 90 days and in Texas for at least six months. So, there may be a residency waiting period before someone can file for a divorce.
There is an exception to the residency provisions. If the marriage occurred in Texas, someone may be able to file for a divorce in Texas, even without meeting residency requirements. This may be an essential exception for people in military marriages.
After someone is served with a divorce petition in Austin, they have about 20 days to answer the petition. The answer is due on the Monday following 20 days of processing. In other words, a person has a very short time to find a lawyer, meet with them, and decide upon an answer. For many people—especially those surprised by the divorce petition—the actual time is much shorter because they may spend the first several days in shock.
The timeline for a divorce in Austin depends on whether it is agreed or contested. An agreed divorce is almost always better for both parties. It not only saves time, it also saves people money. In fact, an agreed divorce can easily save a couple tens of thousands of dollars. In addition, if the couple has children in common, the ability to come to an amicable agreement can be one of the first acts of successful co-parenting.
However, to reach an agreed divorce, both parties have to be willing to compromise and agree to the terms. If they can, then the divorce can be finalized in as few as 60 days—the waiting period in Texas. However, that is not always possible. When the divorce is contested, it can take anywhere from four to 12 months to complete the process. The length of time depends on the complexity of the case, the assets being contested, whether the spouses have children in common, and more.
Not every divorce requires each step, but you can anticipate an Austin divorce to include:
In the discovery process, the parties seek information from each other that helps them get the information they need to proceed with the divorce. It can include written questions, requests for documents, and depositions.
Mediation is an alternative dispute resolution solution. Courts generally require spouses to seek mediation prior to going to trial in a divorce. It can be a great option, but it is not appropriate in every proceeding. In marriages with a history of domestic violence, mediation can offer an abuser another opportunity to try to exert control over the victim. However, an experienced attorney could protect their clients during the mediation process.
Knowing what to expect can take much of the stress out of the divorce process. An attorney could provide you with an overview of the typical divorce and give you insight into how your divorce might deviate from the normal Austin divorce process. Schedule a consultation today to learn more.
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