While unhappy Fort Bend County couples share common concerns, matrimonial attorneys know each marriage contains singular qualities and, consequently, each divorce is unique. Texas property division laws are unlike equitable distribution laws in most other states. In this state, in most cases, divorcing spouses split marital assets 50-50.
Time frames for divorce also differ from state to state. Residency requirements vary, as do waiting periods for divorce decrees. According to state law, a six-month Texas residency is necessary before a divorce filing. At least 90 days of residency must be in the county where the petition is filed.
With few exceptions, the lag time between a filing and a divorce decree is 60 days. The relatively short period is applicable when both spouses agree to divorce. The process takes longer when the decision is not mutual, although no-fault laws permit divorce even when one spouse does not want one.
Realistically, a divorce takes longer than two months. Sometimes conflicts over spousal or child support, custody or assets require years to resolve.
Financial complexities slow the process. It takes time and money for spouses to set up separate households and work out alimony or child-related issues. The division of large assets like businesses frequently requires professional guidance.
The stresses of divorce can cause physical and mental health issues for spouses or children. Extra time may be needed to allow parties to transition to an altered family state.
Many spouses want divorce proceedings to move rapidly. That’s understandable, considering the emotional impact; however, fast legal action is not always prudent.
No couple wants a divorce to last a long time, but spouses may have very solid reasons to slow down. Every decision made during divorce settlement negotiations affects former spouses and children long in the future. Matrimonial lawyers make sure consequences of divorce are as beneficial as possible.
huffingtonpost.com, “Divorce: Should I Stay or Should I Go?” Carla Schiff Donnelly, Jul. 24, 2013