A divorce in Texas can be filed by either party as long as one of the parties has lived in Texas for at least 6 months and living in the county of filing for at least 90 days. Once the petition for divorce is filed, Texas requires a 60 day waiting period before the divorce can be finalized. Parties must also conduct mediation in most courts prior to attending any hearings. Mediation is a negotiation process with a neutral third party, usually a licensed attorney or retired judge or attorney, in which parties will have an opportunity to settle their case without the requirement of a hearing or trial. This process is beneficial because it gives clients an opportunity to control their own destiny without putting their fate in the hands of a judge or jury. If one cannot settle in mediation, there is always the opportunity to go to court. However, if parties settle in mediation, their agreement is binding and final.
Sometimes, parties need to know certain things prior to the end of 60 days waiting period. For example, who gets to use the bank accounts while the case is pending? Who gets to live in the marital home? If children are involved, who gets custody? How much child support will need to be paid by the possessory parent (known as the possessory conservator) to the managing parent (managing conservator)? What type of visitations will the possessory parent get? etc. In these situations, a temporary orders hearing will be conducted usually within a couple of weeks of filing to determine these issues by the judge. Mediation may be required prior to the temporary orders hearing also, but parties can settle for final if they choose to do so to avoid an additional mediation.
A.T. Law Office/ North Houston Divorce Lawyer (Spring, TX, Woodlands, Tomball)
At the A.T. Law Office, we handle most divorces including those with children, without children, with high assets (401K, multiple properties, businesses, expensive cars, etc), no assets, uncontested divorce and more. We practice family law in most counties in Texas including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.
Divorce is rarely easy, with issues regarding your children to dividing up assets, it can be a difficult and very distressing time for all involved.