There is an old country song, All my Exes live in Texas, but if you have to get a divorce, Texas is definitely the state to do it. Because Texas is a “no-fault” divorce state, Texas has among the easiest laws governing divorce in all of the United States as well as one of the shortest waiting periods. However, the petitioner for divorce may wish to list fault in his or her petition as this can influence how the courts determine the equitable splitting of property. In cases where only a rapid divorce is desired, no-fault is definitely a huge benefit.
Ground for divorce are adultery, cruel treatment that makes continued life together impossible, incarceration of more than one-year, abandonment of a year or more with intent to abandon, three years or more living apart, three years or more of confinement to a mental institution, or insupportability. Insupportability means both parties are incapable due to personality or other conflicts which “render the usual ends of marriage” unable to be fulfilled.
One or both parties must have been a resident for six months and a resident in the county of filing for a continuous 90 days in order to file. Next, the Original Petition for Divorce must be filed with the court and personally served on the Respondent. This can be waived in writing by the Respondent if the parties are working together, which saves on cost. At this time, the person petitioning for divorce can request a Temporary Restraining Order. This freezes all assets so nothing can be sold before the court divides the property. The TRO also requires the parties behave in a civil fashion and do not harass or threaten one another. Without the TRO, the Respondent is given twenty days to file an Answer, however if there is a TRO, the court must set a hearing for within 14 days of issuance. At this time the “rules of engagement” between the parties are set. Texas law requires a 60-day waiting period from time of filing to finalization of the divorce. This means, no matter what else happens, the divorce will not be final for 60 days. However, the divorce is not final until the judge reads the decree in open court and signs the papers.
Once this is complete, the process of discovery occurs. This is when all information and documents relating to the divorce are presented to the court. A divorce without children or significant property is, obviously, a much simpler process than one in which custody, spousal maintenance and other similar issues must be decided. After discovery, settlement will be discussed. If the parties are able to agree, one of the attorneys will prepare an Agreed Decree of Divorce. This contains all the agreed-upon terms and conditions of the divorce, which is then signed by the spouses, their attorneys and the judge. Only if the parties can not agree will a trial be required.
Attempted mediation is required prior to trial, and this is true in most states. In mediation, a neutral third party will attempt to negotiate the terms of the conflict. Any information discovered or discussed as well as any communication that occurs during mediation is considered confidential and can not, unless under extreme circumstances, be used at trial. Should mediation fail, the case will go to trial where, upon conclusion of the trial, one of the attorneys will prepare the Final Decree of Divorce which the judge will sign.
While divorce is frequently a messy, traumatic and acrimonious time for everyone involved, states such as Texas, which offer shorter waiting periods and the opportunity for parties to file with “no fault” can make the process easier. For people who may wish to simply get out of a bad situation and move on, this can be a very large benefit in an emotionally draining time.
