After you file for divorce the waiting period begins.
Waiting Period, Once a petition has been served to the Respondent, the spouse who has been served has to respond within an allotted period in answer to the petition. At this point, the respondent is given the opportunity to deny or even disagree with any claims made in the petition. Responses are generally limited to either admission or denial of allegations. The Respondent may also file a cross-petition, making their own allegations known. What follows next depends upon the complexity of the case or whether each party sees eye to eye on the terms. Often, couples with young children, debts, assets and property proceed with a contested primarily because they can’t come to agreeable terms. If on the other hand, the couple is in agreement on most issues, the proceedings will continue uncontested. To learn where you stand, I am only a phone call away.
Now that you’ve gone through the proceedings and handled all the emotional upheaval, you are probably ready for it all to be over, but unfortunately, there’s still the waiting period. Waiting for everything to be finalized is almost as draining on the nerves as the process itself. Although, you want it to be over, regrettably, it does not become final until a mandatory waiting period has passed. Waiting periods vary from state to state but on average, there is up to a six-month waiting period after the initial petition has been filed and served. Some state laws can go as high as up to a year or more if some of the issues have not been resolved. Contact me today and find out about the waiting period in your area.
The Waiting Period in Texas
Because the length of time for the process to be final is different in every state, the length of time it will take for your to become final depends on where you live. And since changes often occur in the legal arena, it is important to check with a legal expert to gain insight into any changes in your state regarding waiting periods, particularly because changes could potentially affect the process.
Sec. 6.702. WAITING PERIOD. (a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.
(b) A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.
(c) A waiting period is not required under Subsection (a) before a court may grant a suit in which the court finds that:
(1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner’s household; or
(2) the petitioner has an active protective order under Title 4 or an active magistrate’s order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.
Waiting Period Effects on Children
In some states, there is consideration of extending waiting periods particularly for those individuals with children. Obviously, when a couple is immersed in proceedings, they don’t always take into account the effects on children. You need to hire a skilled San Antonio Divorce Lawyer right away. Far too often divorces are granted before custody, visitation and support issues are resolved.