How Do I File
For Divorce
in Houston?

After your divorce papers have been filed and served, the next steps will depend on what type of divorce you are proceeding with.

In a contested divorce, the respondent is required to file an answer within 20 days. If they fail to do so, you may be granted your divorce by default.

Most divorces involve key issues that need to be worked out before the divorce can be finalized, such as the child custody arrangement, child support, and property division. The outcomes of these issues are important, and an experienced divorce attorney at Skillern Firm Divorce & Child Custody Lawyers can guide you through the process to ensure that your interests are a priority.

Regardless of whether you are pursuing a contested or uncontested divorce, once the answer has been filed, spouses will need to exchange initial disclosures. Initial disclosures provide information about each party’s financial matters; each spouse has 30 days to provide the necessary information unless there has been a written agreement to extend this time period.

Some divorce cases require temporary orders so that couples can have guidance on key issues while they await the outcome of their divorce. Temporary orders cover things such as who will live in the marital home and who will have primary custody of the children while the divorce is finalized; Either party can request temporary orders, or the Judge may issue them independently.

Couples are expected to come to decisions themselves using mediation, but if they can’t, then the Judge will step in to make rulings on their behalf. In cases that are highly contested or those involving high assets, several hearings may be necessary before the divorce can be finalized.

In Houston, there is a 60-day waiting period before any divorce can be finalized, known as the cooling off period. Therefore, the quickest a divorce can be finalized is 61 days. However, most cases take much longer.

In order to divorce in just a few months, divorcing spouses must agree on all issues. It is rare for divorce cases to be so straightforward, leading most divorce cases take up to two years to finalize.

If couples cannot come to agreements using mediation, then each contested issue will require a court hearing. This can be incredibly time-consuming as it will be necessary to wait for the court to be available to hear each issue. In these cases, divorce could take over two years.

A divorce attorney who is a skilled mediator can help you to move your divorce along quickly without compromising your rights.

If your spouse doesn’t want to divorce, then you may still proceed with finalizing your divorce legally. It is not necessary for them to complete or sign any paperwork, although it may result in the court granting your requests without their input.

The divorce court may appoint an amicus attorney or guardian ad litem, who will help ensure that decisions are made in the best interest of your children. The court may also expect you to try to sit down with them in the presence of a mediator.

There are some advantages to filing for divorce first in Houston. First, it will allow you to have the first choice of representation. You can hire an experienced divorce attorney and can prepare the documents you need before you file for divorce. This ensures that you have plenty of time to prepare and put together a compelling case for your needs to be met.

There is also a physiological advantage. You will be prepared and organized, which will help you feel confident in negotiations. You will also have the first opportunity to request temporary orders.

If your ex-spouse has committed adultery or has abused you in any way, then filing first would allow you to file for an at-fault divorce, which will mean that the judge is quickly made aware of your experiences which may be considered when deciding on key issues.

The divorce process is complex, and considering the far-reaching implications of the outcome of your divorce, it is important to have legal guidance.

An attorney will ensure that your rights and interests are protected throughout so that you can transition to a new way of life after divorce, feeling confident about your future.

Divorce involves family relationships, and it is important that they are protected as much as possible.

An attorney will help you and your spouse come to amicable agreements, which helps the divorce process move along faster, saves money on court fees, protects children from drawn out divorce proceedings, and enables you to come to personalized arrangements that fit in with you and your children’s lives.

If you are considering filing for divorce in Houston, then you should contact Skillern Firm Divorce & Child Custody Lawyers and arrange an initial consultation. Our team of attorneys has decades of experience helping clients navigate family law issues in Houston.

We take a personalized approach to the attorney-client relationship and will empower you to make decisions from a place of knowledge. Whether your case involves mediation or litigation, we can handle even the most complex divorce cases.

Contact us today and arrange an initial consultation at (713) 229-8855