Quick Divorce Options in Texas
To get divorced in Texas, spouses must either agree, mediate, or receive a court order for divorce. Here’s how to speed up a divorce in Texas.
Divorce cannot occur earlier than 61 days after filing, according to Texas Family Code Chapter 6.702, due to the mandatory waiting period. Uncontested or agreed divorces are the quickest way to divorce a spouse. Various alternative dispute resolutions to speed up a divorce in Texas include arbitration, mediation with a private judge, or using a mediation attorney for divorce processes.
What is Uncontested Divorce?
An uncontested divorce, also known as an “agreed divorce,” is a peaceful agreement between spouses to end the legal marriage. An uncontested divorce is the quickest form of divorce because it does not require a formal trial. Under both spouses’ agreed terms, a judge will likely grant the legal divorce.
Related: Contested and Uncontested Divorce: The Difference
Requirements for an Uncontested Divorce
Spouses must meet the following conditions to have an uncontested divorce:
- Both spouses agree on the reason for divorce. According to Texas Family Code Ann. §6.001 and §6.006, spouses must file “no-fault” divorce because of “insupportability” or living apart
- Both spouses agree to end the marriage
- Both spouses agree on all divorce-related, like child custody and child support
- Neither spouse submits a court order for child support or child custody
Arbitration
Texas law identifies arbitration as an alternative method for resolving a divorce. Arbitration closely resembles the court proceedings compared to other alternatives for divorce. However, arbitration proceedings do not follow formal rules concerning court procedure, evidence, and reliance on legal precedent. Hence, arbitration is much faster in establishing the rights and responsibilities of the parties concerning essential matters, including property division, child conservatorship, and family support obligations.
During the arbitration, a third-party arbitrator is responsible for making decisions about the divorce. Arbitration has some benefits compared to a formal trial: speed, efficiency, cost-effectiveness, informality, and privacy. A council may represent each party, must advocate for their position, and defend against false claims made by the other party. Scheduling a hearing with an arbitrator is much faster than waiting for a case to go to trial. When the case is closed, records are kept private, unlike formal trial cases, which are open to the public. Although arbitration is still expensive, it is not nearly as expensive as a formal trial.
In Texas, arbitration is binding, meaning once a decision is made, there is no opportunity to appeal the arbitrator’s decision. An arbitration award is granted to finalize the arbitration, which functions similarly to a court order. Because unpredictability is a prominent factor, many individuals do not like arbitration. However, the benefits of arbitration can override its unpredictable outcome.
Related: Are Divorce Records Public And Can They Be Found Online?
Mediation with a Private Judge or with a Divorce Attorney
Mediation is an option any time during divorce. If a spouse disagrees on any issue regarding child support, visitation rights, alimony, child custody, division of property, and debts, spouses may resort to mediation to settle the disagreement. Experts advise spouses who resort to mediation to do it as soon as possible because it allows them to take advantage of an agreed-divorce process without spending money on an attorney or trial (although each spouse is entitled to do so), Even if spouses have not agreed on all terms regarding the divorce, mediation is still an option while the case is proceeding. Judges may even ask couples to attempt mediation before having a final divorce hearing.
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If you or a loved one would like to learn more about how to speed up a divorce in Texas, get your free consultation with one of our divorce attorneys today!