Every divorce is different. An uncontested divorce, where both parties agree to terms from the outset, can be settled in as little as a few months. If your situation is more complicated, the process will take longer.
At Dodson Law Firm, PLLC , our legal team utilizes mediation negotiations and technology to help you cut down on the time and money it takes to get divorced.
By law, Texas courts cannot finalize a divorce or issue a Final Decree of Divorce sooner than 60 days from the date the petition for divorce is filed. So regardless of how much agreement to terms transpires, you will have to wait a minimum of 60 days for a Final Decree of Divorce to be granted.
Uncontested divorce: You and your spouse agree on all the terms of your divorce: property, child custody, assets, support, and more. This is a straightforward process. Uncontested divorces often bypass court appearances all together. Your settlement and final divorce will need to be approved by a judge, but that’s usually a relatively quick process which may not require you to appear in court. Though it’s never easy, an uncontested divorce is simpler, saving you considerable time, money and aggravation.
Contested divorce: You and your spouse don’t agree on important issues such as property disbursement, custody arrangements, division of assets, etc. This is what people traditionally think of when they think of a divorce—a couple on opposite sides of a court case with a judge deciding who gets what and how. Even in a contested divorce, you can try to settle or come to amicable terms before a trial, but it tends to be a longer and more time-consuming process.
Texas law recognizes both “no-fault” and “fault” divorces. A no-fault divorce is a divorce that is granted without the spouse who initiates the divorce having to allege and prove marital misconduct on the part of the other spouse. A fault-based divorce is a type of divorce in which the spouse who initiates the divorce provides a very specific reason for the divorce such as cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital.
Reasons for choosing to move forward with a “no fault” vs. a “fault” divorce is with fault divorces, if one party is at “fault” for the breakup of the marriage, the court may take that into consideration in determining what is an “equitable” division of the property. For that reason, the other spouse may want to plead fault grounds in their petition.
Otherwise, insupportability would be the grounds for divorce for those opting to do a “no-fault” divorce. Declaring insupportability renders a finding of “… a discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
Our Digital Divorce packages only allow for a divorce based on a no-fault ground.
You may not need to appear in front of a judge to finalize your divorce. If you do, you will appear before the judge either in person or via Zoom and only to answer a few questions to “prove up” your agreement to divorce, and your agreement to the terms of the Final Decree.
Mediation is a formal negotiation and settlement session in which a neutral person, a mediator, trained in dispute resolution, meets with the parties and their attorneys and assists them in working out their terms. The goal is that the parties come to amicable terms of their divorce settlement.
Mediation is much less aggressive than a contested divorce, and saves considerable amounts of money and time for most individuals.
A mediator is there to clarify the issues that you and your spouse need to resolve, assist you in negotiating a resolution, and most importantly, keep the discussions moving forward. Again, the mediator will not take sides or provide opinions; rather the mediator is to act as a consensus builder, facilitator, and even at times a referee.
If mediation is successful, the mediator prepares a written document that details everything the parties agreed upon during negotiations and drafts a Mediated Settlement Agreement (“MSA”) between the parties. Both parties will sign the MSA if a resolution is reached. Importantly, a Mediated Settlement Agreement is irrevocable and enforceable as a contract in Texas. Additionally, this MSA will form the basis upon which the Final Decree of Divorce will be drafted.
Get answers to these questions and more from our experienced team. Whether you’re dealing with a personal injury or a family law matter, we’re here to provide clarity and direction.
