Can I Get a Divorce Faster Than 60 Days?
A temporary divorce is the most common workaround to the 60-day rule.
Divorce is a drastic solution for a dysfunctional marriage. So, to prevent spouses from dissolving their marriages over petty disagreements, Texas imposes a 60-day waiting period. This waiting period does not apply if the respondent has a family violence conviction or is the subject of a current restraining order based on family violence against the other spouse. Individual judges may also waive the waiting period in extreme circumstances. In other circumstances, a mini divorce is available before the waiting period expires. More on that below.
Judges do not hand out mini-divorces and waiting period waivers like candy on Halloween. In most cases, a Fort Worth family law attorney must go through proper channels and request these things in an official capacity. The good news is that, when the waiting period expires, a full Texas divorce resolves all pertinent issues, and not just some of them, enabling spouses to go their separate ways.
Mini-Divorce
A temporary hearing, which is in effect a mini-divorce, does not dissolve a marriage or classify and divide marital property. But divorce temporary orders do set important ground rules, including child support and alimony requirements.
Usually, a judge holds a divorce temporary hearing about fourteen days after the petitioner files legal paperwork. Most temporary orders include a standard property-and-parties restraining order. Provisions usually include:
- Refraining from family violence, including “nonviolent” offenses, like stalking,
- Awarding exclusive possession of property, such as a car or house,
- Prohibiting any utility interference.
- Restricting spending to fees for a Fort Worth family law attorney and other essential purposes, and
- A gag order that prohibits making disparaging remarks about the other spouse, at least in most cases.
Child support guidelines usually determine the amount of interim child support payments. Need-based alimony payments are usually based on a percentage of the obligor’s income. These payments are capped at certain levels, usually depending on the length of the marriage.
Most temporary orders also include temporary child custody orders. Possession is nine-tenths of the law in these matters. The primary caretaker spouse of the moment is usually designated as the managing conservator. The other spouse usually gets weekend visitation rights.
Technically, these orders expire when the judge finalizes the divorce. Frequently, however, temporary orders are the blueprint for final orders. So, aggressive representation at a temporary hearing is often the key to a successful outcome.
Full Divorce
All full divorce orders legally dissolve the marriage for all purposes. Many orders include name change orders that allow a spouse to use a previous name, usually a maiden name. A few divorce orders waive the thirty-day remarriage waiting period.
In terms of property division, Texas is a presumptive community property state. Community property (all debts and liabilities acquired during the marriage, except gifts) is divided 50-50, unless the judge determines that a disproportionate split is the only just and right division of the marital estate. Factors to consider include the length of the marriage, the standard of living during the marriage, and the future earning ability of each spouse.
Roughly the same rules discussed above apply to child and spousal support. Judges often allow more creative timeshare divisions in full divorce orders, such as extended weekends and block scheduling.
Work With a Detail-Oriented Tarrant County Attorney
The sixty-day waiting period usually applies, but some workarounds are available. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and after-hours visits are available.