I filed for divorce…now what?
A divorce is not final when it is filed in Texas. According to the Texas Family Code, a court may not grant a divorce before the 60th day after the date the suit was filed, except in cases involving family violence where specific conditions are met. Therefore, after filing for divorce you have to wait at least 60 days until the Judge can actually grant you a divorce. In reality, however, your divorce will likely take longer than 60 days. This is because the length of your divorce will be dependent on the complexity of your case and how agreeable you and your spouse to resolving the issues necessary for your divorce.
How can I get to the finish line?
If you and your spouse come to an agreement on all issues relating your divorce, your attorneys can create an Agreed Final Decree of Divorce. If you believe this Decree encompasses each of your desires, you and your spouse will sign it, and it will be submitted to the Court for their approval. However, if you and your spouse cannot agree on the issues relating to your divorce, the case may be taken to trial. At trial, the Judge will have control over how the divorce will be resolved.
It’s not over yet…
Going to trial or having your attorney draft an agreement that you and your spouse sign doesn’t signal the end of your divorce. Even if the Judge orally renders a judgment, the divorce is not considered final until the oral judgement is reduced to writing and signed by the Judge. The finality of a divorce decree is determined by the signing of the final decree by the Judge, which includes the disposition of all property and issues between the parties. Thus, the divorce becomes final only after the Court has signed the final decree and all issues have been resolved.
Hire an Attorney That Can Help!
Find an attorney that is experienced in family law matters and can help you navigate your divorce by utilizing advocacy with empathy. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
