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What are the paths to divorce in Texas?

On Behalf of | Mar 15, 2022 | Divorce |

When a couple decides to split, divorce is the only way to end a marriage legally. Texas law gives couples options on how to get to this final step.

The way to a final decree of divorce may take largely depends on the circumstances of a couple’s separation. Delve into the options available when divorcing in Texas.

What is a divorce by agreement?

A couple who has an amicable split may divorce by mutual agreement. This uncontested divorce means that the two have split property and debts by agreement. Couples must also reach a child custody arrangement or conservatorship. In divorces where the couple shares minor children, they need to agree on legal custody and timesharing. If the couple reaches solutions on all aspects of their divorce by agreement, the final decree usually follows quicker.

What happens in a contested divorce?

A contested divorce is the more traditional path. This way to ending a marriage travels through court. Marriages with high conflict and little chance of compromise at the onset go this path. Within a contested divorce, couples have options to stay out of court and make their own decisions. Mediation or arbitration may help spouses reach an agreement with the help of a neutral person.

What does a default divorce require?

A default divorce is the least common way to sever the bond between spouses, but it does happen. A default divorce typically happens when spouses remain physically separated without seeking a divorce. Years later, if one spouse files for divorce and the other does not respond within 45 days, the petitioner may ask the court to grant the action without the other spouse’s participation. A default divorce is not applicable in marriages with minor children.

The Lone Star State gives options for couples wishing to get through the divorce process in a manner that suits their needs.


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