In Texas, the fact that one spouse refuses to sign divorce papers does not completely prevent the divorce process. The key to an uncontested divorce is for both spouses to agree on all matters related to the divorce and sign an agreement to skip the trial process before a judge. This simplified divorce process in Texas is often relatively quick and has a much smaller impact on your pocket than a contested divorce. Before your divorce can be finalized, you must have a hearing.
The hearing allows the judge to review each spouse's requests. The judge will then sign the divorce decree to make the divorce final. If the parties have reached full agreement on the issues to be resolved in their divorce, a divorce could be granted in as little as 60 days. Texas requires a 60-day “cooling off period” once a divorce petition has been filed.
After the 60-day period has elapsed, a divorce order can be entered. Therefore, if the parties have reached a full agreement, they could divorce in as little as two months. Usually, even uncontested cases take between 90 and 120 days. You may also need a family law attorney if you were in a common law marriage or are going through a military divorce.
They may also enact a rule that allows other partners or shareholders to buy a divorcing couple or a shareholder's participation in the business. If one party is seeking a divorce because the other party committed adultery, the charging party must present evidence of the other party's adultery. The Texas Family Code tells us: “In a judgment of divorce or annulment, the court shall order a division of the parties' estate in a manner that the court deems fair and correct, with due regard to the rights of each party and the children of the marriage. The next steps in the Texas divorce process may depend on whether you have filed for an agreed divorce or a contested divorce.
Here are five steps to take if you want to avoid a long court battle and have an uncontested or agreed divorce. If you are able to resolve the terms of your divorce settlement agreement out of court, you have a better chance of amicably divorcing. For example, if one of the spouses moves into a guest room in the marital residence, it is likely that this will not meet the requirements for a divorce based on separation. If both spouses are willing to come to an agreement, you have what the divorce industry calls an uncontested divorce.
In Texas, a judge cannot grant you a final divorce until at least 60 days have passed after you filed the divorce petition. If you and your spouse can agree on everything, including possession and access to the division of children, child support and property, the only time you would have to go to court is to make a Final Proof of the divorce and even then your spouse can do it only with your signature. You CANNOT be married if the other spouse does not want to sign or refuses to participate in the divorce proceedings. The parties may become jointly and severally liable for a debt if one of the spouses acted as the agent of the other when acquiring the debt, or if the debt was for a basic living expense.
Some divorces can be resolved in just a few months and cost the parties a few thousand dollars at most. They make every effort to ensure that all divorce documents are accurate, complete and truthful to the best of their knowledge. In this situation, one party can protect their business from being divided or sold in a divorce.
