What Are the Rights and Responsibilities of the Parties after the Divorce is Filed, but Before It Becomes Final?
With every divorce, by law, in Texas, there will be a period of time where the petition to terminate the marriage is pending, but not final. What happens during that time period? What can or should the parties do (or refrain from doing) while the divorce is in process?
Divorce Takes Time, Whether It’s Contested or Not
According to research done at the University of Denver, over one in every three divorce proceedings involves a contest of some issue. In Texas, though, a person must wait a minimum of 60 days from the filing of a divorce for it to be finalized, so there’s always a period where the divorce is pending.
What Happens While a Divorce is Pending?
The most important thing to remember is that the mere filing of a divorce complaint does not change your marital status. You will still be married, with all the obligations that come with that status. The court will likely issue an order setting forth the rules with regard to such things as:
- Who lives in the marital home
- Who has use of certain marital property
- How access to bank accounts, investments and other financial resources will be handled
- Where any minor children will reside, who will have primary custody and when the non-custodial parent will be entitled to visitation
- Whether temporary support will be paid, by whom, how often and how much
- How financial obligations of the marriage will be allocated
- The dissipation of marital assets or any changes to marital property or assets
- The extent to which either party may travel with minor children
Contact DTX Family Law for Sound Advice Regarding Possession of the Marital Home in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills

