Deciding to get divorced is not a choice to be taken lightly. Many individuals spend weeks, months, or even years considering getting a divorce before finally taking the plunge and filing the official paperwork. Many people believe once they make the choice to get divorced they can just file the paperwork and be done, however, it is not quite so simple.
Can you get divorced in a month? Not in the state of Texas.
Even if you have an uncontested divorce, Texas has a “waiting period” of 60 days between when you file your divorce petition and when the court can finalize the divorce.
Before your final hearing, you must fill out a Final Decree of Divorce. The court can provide you with the right form decree to use, depending on whether or not you have children. After the hearing, the judge will either sign the proposed decree you submitted or, if the judge doesn’t agree with what you’ve proposed, will prepare and sign a different decree.
You’ll receive a copy of your divorce decree after it’s signed by the judge and entered as an order. If you need an additional copy of your Texas divorce decree, you can contact the clerk of the court that granted the divorce.
Is Mediation Faster Than Traditional Divorce?
While a mediated divorce has the potential to be much faster than a traditional divorce, you will still be required to go through the 60 day waiting period before your divorce is finalized. Mediation is often times a faster divorce solution because both parties are able to directly communicate in the moment, instead of waiting for their attorneys to relay messages on their behalf.
Mediation as a Divorce Alternative
Not all divorces need to be drawn out battles in the courtroom. Instead of hurrying to the courthouse to file for divorce when you have unresolved issues, mediation might be a less contentious and cheaper way to divorce.
Divorcing spouses can choose to mediate on their own with a private mediator. Some states’ laws require divorcing spouses to attempt mediation while a divorce is pending in court. This is known as “court-ordered mediation.” Texas courts can require a divorcing couple to mediate.
In mediation, both spouses meet with a trained and neutral third party called a “mediator.” Mediation sessions are confidential, and each spouse will have the opportunity to list their issues and suggest resolutions. The mediator will not make any decisions in the case—rather, a mediator’s job is to guide the negotiations in a way that will help the spouses settle their divorce without court intervention.
If you agree on some or all of the issues during the mediation, the mediator can draft a divorce settlement agreement for you to present to the court. In Texas, the court will enter the mediated settlement agreement as an order if it:
- states—in bold, capital, or underlined letters—that it is irrevocable
- is signed by both spouses, and
- is signed by each party’s attorney (if any) who is present at the time the agreement is signed.
Any remaining issues that you and your spouse can’t agree on will be decided by the court. Even if you’re able to agree on one or two issues, mediation is usually much less expensive than going through a complete divorce trial, and can help you and your spouse create a foundation for continuing communication after your divorce.
Divorce and Family Law Attorney Houston
At Renken Law Firm in Houston, our team of experienced divorce attorneys help you to find divorce solutions for your unique situation. We understand each marriage and divorce case is different. This is why we work closely with our clients to ensure their specific needs are being met.
Having an experienced divorce attorney on your side can help you reach a divorce settlement that fits the needs of you and your family. Our divorce attorneys will represent you by being your ally and advocating for you throughout the entire divorce process.
At Renken Law Firm we focus our efforts to ensure every client we work with is able to come to a divorce settlement with their spouse that represents their needs. No matter how you file, our team of divorce specialists are here to help you. Call our office today to learn more about how we can help you.
Experienced Family Law Attorney in Houston, TX
At Renken Law Firm, we work with our clients to help them navigate the divorce process. We understand how complicated and emotionally draining this experience can be, this is why we work with you every step of the way. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.