When you and your spouse decide to divorce, there may be many factors involved, from setting up child support payments to choosing whether one of you will keep the family home. You may hope this process goes quickly; however, there are several circumstances that may prolong the proceedings, and knowing what they are may help you be realistic with your expectations.
Whether the Divorce Is Uncontested
An uncontested divorce proceeding can be quite simple because it usually includes few disagreements concerning property, child custody and property division. If you and your ex-spouse mutually agreed to end the marriage, an uncontested divorce could take several months, as there is still paperwork and filing involved, but generally takes less time than one where remediation is repeatedly required
Child Custody Matters
If the marriage between you and your spouse resulted in the birth of any children, your divorce may take longer to complete. Issues such as custody, visitation rights and who will be making child support payments can all delay the proceedings. This can be especially difficult if your children are still young and require considerable support or if you are seeking joint custody but live in another state, If you have any issues regarding this aspect of your divorce, it is wise to consult your lawyer.
Most states have their own laws regarding property division during a divorce, but it can still be difficult to divide your belongings because as a married couple, you most likely made purchases together. Vehicles, furniture, electronics and even pets are considered property in a court of law, so it may take some time to work out who truly owns what or if you can agree to split the difference on some of the items. If you plan to sell any joint property, it is wise to discuss how the proceeds will be divided before the items are sold.
If you signed a prenuptial agreement before you got married, your divorce may be much less complicated. A prenup can list a variety of points that make property ownership clear. For example, if you signed a prenup that declares assets from your husband’s business cannot be claimed if a divorce occurs, you will not have to argue that fact in court. A prenup can streamline a divorce and protect any property you bring into the marriage, now and in the future.
No two divorces are the same, and the time it takes to resolve them can vary widely depending on the factors involved. Call a divorce lawyer in Arlington, TX today or go online to seek an initial consultation.
Thanks to Brandy Austin Law Firm, PLLC for their insight into family law and factors that determine how long your divorce may take.