Often we get tired of the processes of divorce and ponder “How to speed up a divorce.” It is possible to skip all the functions of filing for a divorce.
An uncontested divorce will assist you in obtaining a divorce quickly. Additionally, an uncontested divorce will cost you less legal costs, cause you less stress, and move your case through the courts much more rapidly than a contested divorce.
How to speed up a divorce
Everyone avoids divorce as much as possible. Nobody wants to go through months of divorce to do so, even if you desire to separate yourself from your spouse owing to disagreements, rage, violence, lying, and other immoral and unbearable actions.
It would be much more desirable if the divorce could be finalized with the wave of a magic wand. Texas’s sixty-day divorce statute is probably the shortest in the country. You have a two-month window between the time you file your original divorce petition and the time the judge can approve it.
This waiting period is necessary so that you and your husband may consider and decide if divorce is the best course for you. You might be surprised to learn that many of my clients have attempted reconciliation during this period and rethought their divorce. However, statistically speaking (based on my experience), I don’t think you will be able to do the same.
If your court thinks your circumstances warrant it, they may elect to waive this sixty-day waiting period. The judge may decide to waive the sixty-day waiting period in certain circumstances, such as when your husband has been found guilty of using domestic violence against you or another home member.
No-Fault Divorces Versus Fault-Based Divorces
Every state offers some variation of no-fault divorce, though in others, like Louisiana, you must first be legally separated for a year or more.
When there is no need to establish grounds for divorce, such as infidelity, cruel treatment, or desertion, a no-fault divorce without a legal separation can also hasten the divorce process. The parties are forbidden from pointing fingers at one another in a no-fault divorce.
An oath-based declaration that you and your spouse have irreconcilable differences or are incompatible is required to obtain a no-fault divorce in most states, whether in court or in written documents. You can specify in your divorce documents that you desire a no-fault divorce if your divorce is one.
Requirements for a No-fault Uncontested Divorce
Both uncontested and no-fault divorces are possible. If you have a no-fault, uncontested divorce, you might never have to appear in court, and your divorce can be finalized with “papers only” in some states.
A no-fault, uncontested divorce requires the following:
- to fulfill the qualifications for residency
- buying an index number
- to serve your spouse with a summons, complaint, or petition
- to request that your partner submit a response to your grievance or petition
- to complete the paperwork necessary to schedule the case in court
- proof of service for the documents that were delivered
- Worksheets for income, spousal support, and child support
- In certain states, a parenting plan
- Depending on your state, a marriage settlement agreement, separation agreement, or stipulation of the settlement are other names for the same document.
- Findings of Fact and Legal Conclusions and related documents
further divorce documents, such as statements from each spouse and the judgment of divorce
- any documents that your state may demand
Your state’s divorce laws specify what must be filed and how long you must have lived in the form before filing.
Other ways to speed up a divorce
For a speedy divorce, take into account the following:
- pointing outside of your home state where there is a shorter waiting or “cooling off” time
- filing in a place where establishing residency requires less time than in your state
- if your condition demands a year or more separation, you can file in another state.
- Getting a lawyer to draft your final divorce documents
6 Steps you can take to speed up a divorce
Whatever the cause of your divorce, there are steps you may take to hasten the process, especially if your spouse doesn’t put up any obstacles; these steps are:
Organize your estate
It’s always a good idea to have a firm grasp on your finances and the position of your estate’s assets, debts, insurance policies, retirement funds, and other assets, whether you intend to file for divorce or not. If you want to seek a divorce quickly, creating an inventory of those items and any accompanying documentation is a crucial first step.
You bring an estate inventory and relevant papers when you first meet with a lawyer to discuss divorce. This will make the discussion go much more smoothly. Your attorney needs this information to create a divorce plan and determine the most effective way to distribute your estate fairly and equally, as Texas law requires.
Give your spouse access to your financial records and information
Regardless of whether you plan to divorce, it’s beneficial to communicate with your spouse any information and papers regarding your communal estate (including which financial accounts you share). Financial duties often rest on one partner in marriages, which may be disastrous if that spouse unexpectedly becomes ill or passes away.
In the initial disclosure stage of a divorce, the state mandates that both spouses produce copies of their financial records. Quick communication with your spouse on any financial information and paperwork can be helpful if you’re wondering how to hasten a divorce.
Have you and your husband reached a divorce agreement? Think about seeing a financial advisor
If you and your spouse can communicate civilly, agree that a divorce is imminent, and are on good terms, you might choose to review your finances with a financial advisor you both respect. During the discussion, the adviser might review assets, obligations, and various plans for cleaning up your community estate.
Providing and obtaining information can be significantly accelerated by reconciling debt, combining bank accounts, and removing some of the financial complications involved in a case. So, if you’re serious about learning how to expedite a divorce, start by getting your money in order.
In advance, reserve the divorce mediator’s time.
Before taking their case to court, divorcing couples are often compelled to participate in mediation. Your attorney may choose the mediator who hears your case, and the most in-demand mediators frequently have months’ worth of availability left on their schedules. When a speedy divorce is essential to you, getting your case on the mediator’s calendar as soon as possible is critical.
It’s essential to reserve those times; otherwise, you risk working with a subpar mediator and having your case go unresolved. The timing of your divorce may slip out of your hands at that moment.
If mediation is unsuccessful, you must wait until the court’s docket and schedule open, which might take months or even years. If you’re seeking the best ways to expedite a divorce, don’t discount the value of a qualified mediator.
Think about alternate dispute resolution
Couples wanting a quick divorce have several alternative conflict resolution options, including arbitration, mediation before a private judge, or hiring a mediator lawyer.
Uncontested divorces, usually only possible for couples without children and with little to no communal property or assets, can frequently be finalized quickly. An Irrevocable Settlement Agreement can be created outside of court if you and your spouse have reached an agreement.
Uncontested or accepted divorces are uncommon, but for some couples, they may be the quickest route to divorce. You should be aware that under Texas Family Code Chapter 6.702 on the divorce waiting time, spouses are not allowed to divorce until 61 days after filing. Thus you won’t be able to do so before day 61.
Move forward with pre-trial motions and hearings at the outset of the case
You and your attorney must take action to advance the process if you aim to complete the divorce quickly. Setting deadlines is the most effective approach to getting things moving.
The matter frequently drags out when either side feels too comfortable during a divorce. Don’t be hesitant to pump the throttle and create pressure. If you’re seeking the quickest way to get a divorce, lining up your financial ducks, creating a clear plan for the following stages, and remaining tough are all crucial steps.
Just because a divorce is required doesn’t mean it has to be finalized for an abnormally long period. If you were worried about the duration of the process you are about to go through before the case; this should be a comfort.
You can file for divorce and finalize all proceedings in less than 60 days; you could also apply for an uncontested divorce; I urge any person in this position to take the steps mentioned in this article seriously and look forward to having a quick process.
I advise you to get a divorce attorney or family lawyer to guide you through the process. A financial advisor and mediator should also be included on your list.