Leander, TX asked in Divorce and Family Law for Texas

Q: in Texas. Can I divorce if the was fiscal abuse with out his consent, not waiting the 60 days. no protection order.

there is no children in common. any way I can speed the process and no press changes?

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2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: There are very few exceptions to the mandatory 60-day waiting period and your question does not mention any facts likely to support such a waiver.

The most effective way to expedite the process is to make sure a competent experienced attorney prepares an agreed decree of divorce and for both parties to sign it.

Sharita Blacknall
Sharita Blacknall
Answered
  • Plano, TX
  • Licensed in Texas

A: 1. Divorcing Without His Consent:

Yes, in Texas, you don't need your spouse's consent to file for divorce. If one party believes the marriage is insupportable (has an irretrievable breakdown), then that's enough for the court to grant a divorce.

2. The 60-Day Waiting Period:

Typically, there's a 60-day waiting period from the time the divorce is filed until a court can finalize the divorce. This is standard in Texas for most divorces. However, this waiting period can be waived in cases where there's a conviction for family violence committed by the other spouse against the person seeking to waive the waiting period, or in cases where there's an active protective order against the other spouse due to family violence. If there has been fiscal abuse but no associated family violence, it may be more challenging to get the waiting period waived based solely on fiscal abuse.

3. No Children in Common:

Since there are no children in common, the divorce process might be less complicated because you don't have to work out custody, visitation, or child support.

4. Speeding Up the Process:

Even though you'd typically have to wait for the 60 days, once that time has passed, if both parties are in agreement on all issues (property division, spousal support, etc.), the divorce can proceed relatively quickly. Make sure to have everything documented and agreed upon to expedite the process.

5. No Press Charges:

If you're referring to not pressing criminal charges related to the fiscal abuse, that's a decision you'd need to make. However, you can pursue a divorce irrespective of whether you press charges for any abusive behavior.

Remember, while this provides a general overview based on the Texas family code, every situation is unique. Consulting with a family law attorney can give you a clearer idea of your specific situation and any options you might have.

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