When a couple decides to divorce, it already implies that they are having a tough time. Separating from each other after living a long life together is painful as well, even in case of mutual divorce. So it’s reasonable for the couple to look for a quick way to complete the divorce process.
The shortest time in which a couple can get a divorce is 60 days in Texas. That’s because the law dictates a sixty-day waiting period for an uncontested divorce hearing to get scheduled. However, most proceedings get dragged out for much longer periods. This happens when the applicants don’t understand the legal process and make errors along the way. Let’s try to comprehend some of the fundamental aspects of divorce in Texas and discuss how to speed up the procedure.
Meet Residency Requirements
While applying for divorce in Texas, the parties are required to meet certain residency requirements. In the state of Texas, the residency requirements for divorce application are:
- Either party has lived for at least six months in the state of Texas and for at least ninety days in the county where they are filing the divorce.
- The parties may apply for divorce in Texas even if they do not have legal status in the US, on the condition that they meet the first criterion.
- If either party is posted outside Texas while serving in the armed forces, they may still file for divorce in Texas, with the provision that they meet the first criterion.
If you proceed without meeting these requirements, your application will not receive approval.
No-Fault Divorce In Texas
Texas lets couples file for a no-fault divorce. This means that the parties don’t have to prove any fault in the marriage for getting a divorce. For a no-fault divorce, the parties have to use the ground that the ‘marriage is insupportable’ while filing for divorce. No-fault divorce is quicker since it does not involve collecting evidence and complicated Court proceedings to establish faults.
TRY TO KEEP DIVORCE UNCONTESTED
When both parties consent on the terms of the divorce, it is referred to as an uncontested divorce or an agreed divorce. If you and your spouse still communicate in a healthy manner, you can sign an agreement to eradicate the need for a trial. However, not every amicable divorce is considered an uncontested divorce. The state of Texas restricts the uncontested divorce process to couples that meet the following criteria:
- The parties must not have any conflict regarding any issue in the divorce.
- The parties must file for a no-fault divorce instead of using specific grounds for divorce grounds, like abandonment or adultery.
- The wife must not be pregnant, regardless of the identity of the biological father.
- The wife must not have a child with another man during the marriage.
- The parties must not have disabled children, no matter what their age is.
- The parties must not have children under the age of 18 years, biological or adopted.
- Neither party must request for spousal support.
- The parties must not own real estate properties together or have retirement benefits to divide.
- Neither party must be involved in an ongoing bankruptcy proceeding.
If your case fits the bill, then concentrate all your efforts into keeping your divorce uncontested. An uncontested divorce is finalized much more quickly and is known to be comparatively less stressful.
Have open and mature conversations with your spouse and make sure there is no room for further conflict. If all issues are not resolved thoroughly, even an uncontested divorce can morph into a contested one during the proceedings.
Waivers And Easy Premium Plans
If financial concerns are delaying your plans to apply for a divorce, then you will be relieved to hear about the waivers offered by the Court for such cases. The Court provides a form called ‘Affidavit of Indigency.’ If the party is financially struggling, they can fill out this form. The party will be required to provide evidence of their financial condition during the proceedings. If the Court approves the application, the party will not be required to pay the filing fees and the Court fees.
Even if your filing fees and Court fees are covered, legal help can be extremely costly. It can hike the cost of divorce up to between $15,000 and $30,000. This is a huge figure and can be a major obstacle for most couples. If you find yourself unable to afford legal help, you can check out legal benefit plans like those offered by Texas Legal. Texas Legal was set up by the Texas State Legislature along with the State Bar of Texas. They can help you find reliable legal help with affordable, low premium plans. They do come with a waiting period, but that will be drastically shorter than the time required to save up such a considerable amount.
Diy Divorce And Online Divorce: Boon Or Bane?
The trend of DIY Divorce (do it yourself divorce) is on the rise because most couples seeking uncontested divorce do not wish to spend a big chunk of their savings on a divorce. But it’s not easy for civilians to navigate through the legal system.
Divorce in Texas involves a lot of paperwork. If the papers are not in order, it can delay the process. If you are going for a DIY divorce, you need to do a lot of research to ensure you have the right set of forms. After that, you must fill them out correctly. The slightest mistake will get your application rejected.
Besides forms, you need to arrange all your financial statements. It could include bank statements, insurance, investment papers, tax returns, mortgage documents, and deeds. You have to make sure your file isn’t missing a single essential document.
All of this might seem like a lot to take in, especially without an attorney or lawyer guiding you. That is why online divorce companies are growing in popularity. They have simplified the process with the help of legal document preparers.
Start by selecting from the top online divorce sites. The best internet divorce companies like texasonlinedivorce.com will have an easy online questionnaire that will gather all the necessary information regarding the case. The information from the questionnaire will be used by the company to select and complete the forms after analyzing the case and its requirements. The court-ready forms are usually available within a couple of days. You can then print them out, sign them, and file them with the court.
While this significantly cuts down the time needed for organizing paperwork in a DIY divorce, it’s necessary to remember that even the best online divorce website won’t offer legal help. They are only responsible for arranging your documents in a way that will help you get the Court’s approval quickly and easily.
However, internet divorce companies have an active helpline that will guide you throughout the process. They will answer all your questions and make sure you proceed with complete understanding. Some of them have allied with wellness services to offer their clients emotional support during such a difficult phase. In most uncontested divorce cases, their services are more than enough to get the divorce finalized in the shortest possible time.
The best thing about the application for divorce online is probably the price tag. Services of divorce companies start from $139, a trifle compared to the average divorce cost when legal help is involved. Most of these companies also offer guarantees and fully refund your money if your file doesn’t get Court approval. It’s a reasonable price to pay to ensure that your paperwork gets the final stamp without any obstacles.
State Certified EFSP
US Legal Pro is an EFSP or Electronic Filing Service Provider certified by the states of Texas, Illinois, Indiana, and California. It is a good solution if you feel that getting your documents prepared by professional divorce companies isn’t enough for you. An EFSP will not only prepare the petition for you, but they will also file the documents with the Court on your behalf. In this case, you can pass over the hassle of printing out papers and filing the case yourself. Everything will be done for you entirely online, including payment of filing fees. Once the Court approves the petition, the EFSP will send you the stamped petition, supporting documents, as well as instructions to carry out the remaining steps.
Cooperation And Diligence Prevent Delays
Getting the stamped papers doesn’t mark the end of the procedure. What comes next will demand cooperation between the two parties to avoid delays:
- In case of uncontested divorce, it’s better to sign the Waiver of Service form as neither party is opposed to the divorce. It will save time since you won’t have to hire a process server to serve the legal notice.
- If you choose to hire a process server, the respondent must not delay responding to the petitioner’s legal notice.
- After signing the Final Decree of Divorce form, contact the district clerk’s office and ensure that you haven’t missed any steps.
- Find out if there are additional requirements specifically for the county in which you are getting a divorce.
- Follow the Court schedule strictly and decide on an appropriate date and time that suits both parties.
- Carry extra copies of all documents on the day when you present your signed divorce papers to the Court.
While there is no means to avoid the sixty-day waiting period, you can definitely ensure that your divorce doesn’t take longer than that. You should remember all these factors and proceed in an organized manner. Then, both of you can swiftly end the tiresome legal proceedings and walk towards your future with peace of mind.
