waiting period


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Waiting Period

As part of each San Antonio divorce, there is a required waiting period. The condition takes marriage seriously and requires both spouses to wait at least two months in most situations to arrange a divorce. You can be living separately from your spouse during this time.

A 60-Day Process

If you file for divorce in San Antonio, you must wait 60 days for the divorce to be finalized. This is a whole 60 calendar days. Day one could be the day after you file for divorce. Weekends and holidays count as part of their sixty days. If the sixtieth day is during a weekend or holiday, the next business day is the day that your divorce may be finalized. You can wait longer if this suits your situation , or if the court process takes longer — but this is the oldest the divorce may be finalized.

There are two potential exceptions to the 60-day waiting period. If your partner has been convicted of a violent crime against you or anyone in your home (or received deferred adjudication for that offense ), then there’s no 60-day waiting period. Or, in case you have an active protective order, there’s no 60-day waiting period.

This waiting period is also quite emotionally tough for lots of people. In simple cases, with no children and few shared assets, both spouses are often trying to reconstruct their new lives in this period while only waiting out the time frame. In more complex situations, there is more to sort out throughout this time period and the waiting period could stretch for up to a year.

Married, But Not Really

During the waiting period, spouses have a somewhat perplexing legal situation. It is important to seek advice from a San Antonio divorce lawyer to make sure to understand how the San Antonio waiting interval impacts your legal situation and ensure everything is sorted out correctly so you can move to the next period of your life easily.

The waiting period can also be problematic for any children involved. Divorce can be quite difficult for children of almost any age, who frequently don’t understand why their parents are no longer living together and may even blame themselves for the new circumstance. The waiting period can be difficult for them to comprehend.

In cases where there are children, it’s important to take some opportunity to determine custody, visitation, and child care until the marriage is dissolved. Your attorney will help you know exactly what you want and how to ensure that all of the legal considerations about the kids are taken care of throughout the waiting period.

There are a few distinct reasons for your waiting intervals, and determining what will happen with the children is but one of them. Another is to make time for an expected reconciliation, to investigate the couple’s financial situation, and to minimize security consequences. The waiting period gives both parties time to figure out what the consequences of the divorce is going to be on the rest of their lifetime, and how to minimize the negative effects. This may include things like deciding what will happen to the house, splitting up resources, or figuring out how to handle a joint business moving ahead.

If your divorce is amicable, the waiting period is a precious time to straighten out all the legal implications and permit both parties to proceed successfully. If you are in a dangerous situation, make sure your attorney knows that you want to waive the waiting period. Either way, your lawyer can help you understand and navigate the San Antonio waiting period.