Divorce can be a long, protracted, and expensive process. It can be tempting to want it to be done and over with as quickly as possible. Is it even possible to get a divorce quickly? We’re going to take a look at how a divorce can be done quickly, while also discussing pieces that can come into play and make the process take longer. If you’re looking for assistance with your divorce proceedings, call the Law Office of Tobie Kuykendall. At Kuykendall & Kuykendall, we have years of experience and knowledge that we’ll use to stand by your side.
-Is a Quick Divorce Even Possible?
It may surprise you to learn, but not every divorce is drawn out over months and years. You can strike up an agreement with your spouse regarding custody, visitation, child support, and division of shared property. If you are able to reach these terms amicably, the divorce process can go forward much faster than if arbitration and settlements are necessary.
The fastest and easiest form of divorce is an uncontested divorce. These are able to proceed much quicker because all terms of the divorce have already been agreed upon, meaning less deliberation needs to come from the courts.
-Uncontested Divorce v. Contested Divorce
Contested divorces are when the spouses are unable to agree on some or all issues involved in the divorce. This can mean it will need to be heard in court, including protracted settlement meetings between you, your legal counsel, your spouse, their lawyer, and sometimes a judge. Your spouse’s finances may also need to be investigated, which can add even more time to the proceedings.
On the other end of the spectrum is the uncontested divorce, which takes far less time and energy. This is because you agree with your spouse on the following:
- Child Support
- Spousal Support
- Division of property and/or debt
- Future education and religion of children
- Life and health insurance (including beneficiaries)
Not only will an uncontested divorce take less time, it will also save you money in legal costs, reduce the amount of stress you’re under, and you’ll get through the court portion of the divorce in much less time than if it is contested.
-No-Fault v. Fault Divorce
A no-fault divorce will also be much faster than a fault-based one. All states have a form of no-fault divorce, but in Texas specifically, it is defined as “A marriage that has become insupportable due to a conflict between the parties and that there is no reasonable expectation of reconciliation.” In other words, the spouses can no longer get along. Additionally, one of the spouses must have lived in the state of Texas for at least six months, along with living in the county you are filing in for a minimum of 90 days.
Because a no-fault divorce does not require the spouses to be legally separated, that is another reason it makes the divorce take less time. That is because grounds for divorce like adultery, cruel or inhumane treatment, or abandonment do not need to be proven. When a no-fault divorce is filed, it prevents both spouses from blaming either person for the cause of the divorce.
-What Is Needed To File For A No-Fault, Uncontested Divorce?
Not only can a divorce be no-fault, it can also be uncontested. In order to file a no-fault, uncontested divorce, the following items will be needed:
- Residency requirements met
- Index number purchased
- Summons and complaint or petition served on your spouse
- A response to your complaint or petition from your spouse filed
- Forms filled out to put your case on the court’s calendar
- Affidavit of service for the papers being served
- Worksheets for income, spousal support, and child support
- A parenting plan
- A marital separation agreement
- Findings of Fact and Conclusions of Law or similar papers
- Judgement of divorce
- Any additional divorce papers, like statements from both spouses
-Is An Attorney Necessary For A Quick Divorce?
Though much of the hard work is removed when filing for an uncontested divorce, it is still recommended you have an attorney look through your marital separation agreement and other papers. They will be able to ensure the agreement is fair to you and is not too one-sided. Additionally, they will be able to help organize all items necessary for the divorce to be handled without any unnecessary speedbumps prolonging the process. Your spouse should also employ an attorney to review the agreement, as one attorney is not able to represent both spouses.
We know how difficult it is to make the decision to divorce, so if there are avenues to make it a little less stressful, it’s important to know them. If you are looking to file for divorce, have already filed, or have been served with a summons, please call the Law Office of Tobie Kuykendall today. Even if you just have questions about what your divorce case may require, we’d be happy to assist you.