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What is the 60-day Texas divorce?

On Behalf of | Mar 26, 2020 | Divorce |

If you are ready to end your marriage, the idea of going through a lengthy court proceeding may feel exhausting. Furthermore, you likely know that if your divorce drags on, it will only cost you more money. If you want to avoid a lengthy and expensive process, you may have an option. In Texas, it is possible to get a divorce is as little as 60 days. 

The fastest divorce we can process at Law Thompson, P.C. will still take 60 days because the Texas Constitution and Statutes say the court must wait 60 days after you file your petition to finalize the divorce. What you do in the interim will determine if the court can make your divorce final after the 60-day waiting period or if it will take longer to finish the process. 

Divorce agreement 

You will need to meet a minimum of two conditions to get a 60-day divorce. First, you need to reach an agreement about the details of your divorce. You need to come to an agreement on how to divide your marital property, along with determining the details of parenting any children you have with your spouse. 

You need to be ready to present the court with your agreement for approval before it can finalize your divorce. Keep in mind that the court must approve this document. It should be fair and follow Texas law for this to happen, and you both must be OK with everything in the agreement. 

Waiver 

The second condition is that you need to give your spouse a legal notice that you filed for divorce. This notice can be through a service of citation where law enforcement or another neutral third-party delivers the notice to your spouse. You may also have your spouse sign a waiver of citation. He or she must do so in front of a notary. Either method will alert the court that you made sure your spouse knew about the filing of the divorce petition. 

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