Want divorce before I deploy on June 2, 2009

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Want divorce before I deploy on June 2, 2009

We married on April 14, 2009, 2 weeks later my spouse told me they only married me for benefits, was under the influence of drugs, does not love me and no longer wants to remain married to me. I just found out I am being deployed on 06/02/09 how can I obtain divorce by the time I leave to war? (no kids, no property)

Asked on May 14, 2009 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

 Looks like you are out of luck. 

First you must file a divorce petition.  Getting the paperwork for that and filling it out will take time.  Then, there is a 60 waiting period in Texas from the date of filing of the petition with the court.  That means that a divorce cannot be final for at least 60 days after filing - it does not mean that the divorce is automatically final on the 61st day.  If the parties are in agreement as to all the terms of their divorce, the final decree of divorce can be prepared and signed by the parties during the 60 day period and can be entered by the court on the 61st day.  The divorce is final as soon as the judge pronounces it so in open court and signs the decree of divorce.  If the parties are not in agreement, the average time it takes to finalize a divorce is about 6 months to one year or longer, depending on the complexity of the issues and the degree of dispute.

Sorry, wish I had better news for you.  And take care of yourself over there.


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