Deciding to file for divorce is never one that is done lightly. It involves conflicting emotions, navigating legal complexities, and needing to mentally, emotionally, and physically adjust to a new normal.
Naturally, no one wishes for a long, drawn-out divorce process, so one of the common questions individuals have when contemplating divorce is, “How quickly can I get divorced?” In Bryan, Texas, like in many other places, the timeline for divorce can vary based on several factors.
In this blog, the divorce attorneys at C.E. Borman in Bryan, Texas explain the general process and touch on how quickly you can expect to finalize your divorce in Bryan.
Understanding the Basics of Divorce in Bryan, Texas
Before diving into the timeline, it’s essential to grasp the basics of the divorce process in Bryan, Texas.
The state follows a “no-fault” divorce system, which means you don’t have to prove that the other spouse did something wrong that ultimately led to the decision to file for divorce. Instead, you can simply cite “irreconcilable differences”, indicating that the marriage has become insupportable due to conflict that has destroyed the marital relationship.
Residency Requirements for Filing for Divorce in Bryan, Texas
One of the initial factors influencing the timeline is meeting residency requirements.
In Texas, either you or your spouse must have lived in the state for at least six months and resided in the county where you’re filing for divorce for at least three months. Meeting these requirements is crucial before initiating the divorce process.
Filing a Petition for Divorce in Brazos County
Once residency requirements are met, the divorce process begins with filing a petition for divorce in the appropriate county court. In Bryan, this typically involves submitting the petition to the Brazos County District Court.
The filing spouse, known as the petitioner, officially initiates the divorce proceedings, outlining their reasons for seeking divorce and their desired outcomes regarding property division, child custody, and support.
“Service of Process” in Texas Divorces
We’ve all heard of “getting served” before in relation to responding to a potential lawsuit or legal issue brought against you, but what does that even mean? Well, after filing the petition with the court, the petitioner must serve a copy of the divorce papers to the other spouse, known as the respondent.
The Texas Rules of Civil Procedure outlines specific requirements that must be met to formally notify the respondent that divorce proceedings have begun against them. Your first attempt to deliver the papers must be done in person or by certified mail.
If you’re unable to serve papers in person or by certified mail, the court allows for alternative methods of delivery, like by email or even through social media. This is referred to as substituted service.
What is the Waiting Period for Divorces in Bryan, Texas?
In Texas, there is a mandatory waiting period before a divorce can be finalized. The waiting period is 60 days from the date the petition is filed and allows both parties adequate time to prepare for the proceedings, both mentally, emotionally, and financially.
This means even in the most straightforward cases, divorce cannot be granted until at least 60 days have passed since the petition was filed.
The Affect of Negotiation and Settlement on Texas Divorces
The duration of the divorce process can also depend on the complexity of the issues involved and the willingness of both parties to settle. If you and your spouse can agree on important matters such as property division, child custody, and support, the process tends to move quicker.
Negotiating a settlement outside of court can save time and money, as well as reduce stress and conflict.
Bryan, Texas Mediation & Collaborative Divorce
In cases where spouses are unable to reach an agreement on their own, mediation or collaborative divorce may be necessary to facilitate negotiations and can be an effective tool in reaching a mutually beneficial agreement.
Mediation involves a neutral third party who helps couples communicate and work toward a mutually acceptable resolution. Participating in mediation can expedite the process by avoiding lengthy court battles and empowering couples to find solutions together.
Finalizing a Divorce in Brazos County
If negotiations fail to produce an agreement, the divorce case will proceed to court. A judge will then make decisions on unresolved issues based on evidence presented by both parties.
Once all matters are addressed and a settlement is reached or decided by the court, a final decree of divorce is issued, which officially ends the marriage.
Divorce & Family Law Attorneys in Bryan, Texas
In short, there is no typical timeline for getting divorced in Bryan, Texas because every divorce, situation, and story is different. However, Texas law does have a mandatory waiting period in place when it comes to filing and finalizing divorces, so the entire process will take, at minimum, about three months.
But the actual timeframe for finalizing a divorce can range from a few months to over a year, depending on the complexity of the case and the cooperation of both parties.
Seeking guidance from a trusted divorce attorney in Brazos County is the first step to ensuring your rights are protected throughout the proceedings. While it’s natural to desire a quick resolution, especially during such a mentally and emotionally draining process, prioritizing the best interests of you and your family is crucial. Whether opting for mediation, negotiation, or court proceedings, understanding the process and having realistic expectations can help alleviate stress and streamline the divorce process. And we’re here to help – contact us today for support navigating a divorce in Bryan, Texas.
