Jane-Ashley McMillan, Attorney at Law

Steps that prolong your divorce

Not all couples might realize that Texas has certain laws about how a divorce is conducted. Some of these procedures will prevent you from a speedy proceeding.

While you may feel ready to end your marriage as soon as possible, be aware that these steps will slow the process no matter what.

Residency requirement

Each state has a residency requirement that one of the spouses must meet in order to file for divorce in that state’s jurisdiction. Sometimes a spouse may move to another state to benefit from that state’s divorce laws. This could prolong the divorce for months.

In Texas, either spouse must have resided in the state for at least six months before filing for divorce. Additionally, the spouse must have been a resident of the county where the petition is filed for 90 days prior to filing.

Serving your ex

Depending on the number of marital assets you and your ex share and whether you have children together, the amount of time it takes to complete the divorce complaint will vary.

But, even those who can complete the divorce complaint quickly will still need to give way to the process of service their ex with the divorce papers. This cannot be done by you personally or your lawyer.

You can choose a professional server, a family member, friend or sheriff’s service to deliver the papers to your ex. This person must be 18 years or older and not involved in your divorce proceeding. One they deliver the papers, they’ll need to complete a proof of service form, which you will then need to file.

Your ex will have 21 days from being served to respond or acknowledge the complaint.

Waiting period

Though few and far in between, some couples may come to a divorce agreement relatively quickly and easily. But, even if this is the case, they’ll be a waiting period of at least 60 days from when the suit was filed before a judge can sign off on the official divorce judgment.

Learn more about the process

These caveats are just a few examples of the way the divorce process can become time-consuming. However, by choosing an expert attorney, you can get help making negotiations, gathering important documents, and filing the appropriate paperwork to make the proceedings go as quick as possible.

To learn more about the divorce process, consult with a Family Law lawyer for guidance.

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