Divorce can be a difficult and complicated process, but understanding the requirements to file for divorce in Texas can make the process easier. In Texas, there are certain residency requirements, documentation, and procedural steps that must be followed when filing for divorce. This article will provide an overview of what you need to know and do to file for divorce in Texas.
Understanding Texas residency requirements for divorce filing
When it comes to filing for divorce in Texas, understanding residency requirements is crucial. In order to file for divorce in Texas, at least one of the spouses must have been a resident of Texas for at least six months prior to filing. Additionally, the spouse filing for divorce must have been a resident of the county where the petition is being filed for at least 90 days. However, there are exceptions to these rules that can make it confusing and frustrating to navigate. For example, if the couple has lived in multiple Texas counties during the six-month residency period, it can be difficult to determine which county to file in. It’s important to consult with a knowledgeable attorney who can help you navigate these residency requirements and ensure that your divorce is filed correctly.
Grounds for divorce in Texas and which one to choose
Divorce is a complex and emotional process, and choosing the right grounds for divorce in Texas can be confusing. There are several different grounds for divorce, including adultery, abandonment, cruelty, and insupportability. Adultery and cruelty may seem like the obvious choices, but they can be difficult to prove and may require a lengthy and expensive legal battle. Abandonment is another option, but it requires that one spouse has left the other for at least a year. Insupportability is the most common ground for divorce in Texas, as it simply requires that the marriage has become insupportable due to discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. Choosing the right grounds for divorce can have a significant impact on the outcome of the case, so it is important to consult with an experienced attorney to determine the best course of action for your unique situation. With so many options, it can be overwhelming to decide which one to choose. Don’t hesitate to seek legal guidance to help you navigate this challenging process.
Filing for divorce without an attorney in Texas
Filing for divorce without an attorney in Texas can be a complex and confusing process. The laws of Texas regarding divorce are complicated and it can be difficult to navigate the legal system on your own. However, if you decide to go the route of filing for divorce without an attorney in Texas, there are a few important things you should keep in mind.
First, you will need to fill out the appropriate paperwork and file it with the court. This can be a time-consuming process, as there are many documents that need to be completed and filed correctly. Additionally, you will need to pay the filing fee and possibly other fees associated with your divorce. It is important to note that if you make any mistakes on your paperwork, your divorce may be delayed or even denied, which can be frustrating and expensive.
Another thing to consider when filing for divorce without an attorney in Texas is that the court will not give you legal advice. This means that you will need to research the law and understand your legal rights and obligations on your own. This can be difficult for those who are unfamiliar with the legal system.
Finally, you will need to negotiate a settlement with your spouse regarding property division, child custody, and other important issues. This can be a contentious process, and it is important to remain calm and level-headed throughout. In summary, filing for divorce without an attorney in Texas can be a daunting task. It is important to carefully consider all of your options and seek out legal advice if necessary.
| FORM NAME | DESCRIPTION | FEE | LINK TO FORM |
|---|---|---|---|
| Original Petition for Divorce | This is the initial document that starts the divorce process. It outlines the basic information about the marriage, including the names and contact information of both spouses, the date of the marriage and separation, and any children of the marriage. | $300 | https://www.txcourts.gov/media/1448197/div_orce-with-children-set-a-packet-final.pdf |
| Waiver of Service | This document allows the respondent (the other spouse) to waive service of the divorce papers. If the respondent signs this form, they are acknowledging that they have received a copy of the petition and are waiving their right to be formally served by a process server or constable. | $0 | https://www.txcourts.gov/media/1436092/waiver-of-service.pdf |
| Final Decree of Divorce | This is the final document that legally ends the marriage. It includes details about child custody and support, division of property and debts, and any other relevant information about the divorce. | $50 | https://www.txcourts.gov/media/1448207/divorce-with-children-set-b-packet-final.pdf |
| Income Withholding for Support Order | This document is used to instruct an employer to deduct child support payments directly from the obligor's paycheck and send them to the Texas Child Support Disbursement Unit. | $0 | https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/child-support/CS_Forms/CPP-Default-Forms/1015_IWO_NMSN_Cover_Ltr.pdf |
| Child Support Order | This document sets out the amount of child support that the non-custodial parent (obligor) is required to pay to the custodial parent (obligee). It also includes information about medical support, income withholding, and other provisions related to child support. | $0 | https://www.txcourts.gov/media/1448211/child-support-order-without-medical-final.pdf |
| Medical Support Order | This document outlines the obligations of each parent with regard to providing medical support for the children of the marriage. It includes provisions for insurance coverage, payment of medical expenses, and other related matters. | $0 | https://www.txcourts.gov/media/1448211/child-support-order-without-medical-final.pdf |
| Inventory and Appraisement | This document is used to list all of the property and assets that were acquired during the marriage. It also includes information about any debts or liabilities that were incurred during the marriage. | $0 | https://www.txcourts.gov/media/1448199/divorce-with-children-set-d-packet-final.pdf |
| Order Regarding Children | This document is used to establish a parenting plan for the children of the marriage. It includes provisions for custody, visitation, and other related matters. | $0 | https://www.txcourts.gov/media/1448217/order-in-suit-aiding-parents-and-children-final.pdf |
| Pro Se Divorce Handbook | This is a guide for individuals who are representing themselves in a divorce case. It includes information about the legal process, filing procedures, and other important topics. | $0 | https://www.txcourts.gov/media/1448309/pro-se-divorce-handbook-2014.pdf |
| Notice of Change of Address | This document is used to inform the court and the other party of any changes to your contact information, including your address, phone number, and email address. | $0 | https://www.txcourts.gov/media/1448219/notice-of-change-of-address.pdf |
| Certificate of Last Known Address | This document is used to certify that you have made a good faith effort to locate the other party and provide them with notice of the divorce proceedings. | $0 | https://www.txcourts.gov/media/1448223/certificate-of-last-known-address.pdf |
| Request for Findings of Fact and Conclusions of Law | This document is used to request that the court issue written findings of fact and conclusions of law after a trial or hearing in your divorce case. | $0 | https://www.txcourts.gov/media/1448225/request-for-findings-of-fact-and-conclusions-of-law.pdf |
| Affidavit of Indigency | This document is used to request that the court waive certain fees related to your divorce case if you cannot afford to pay them. | $0 | https://www.txcourts.gov/media/1448307/affidavit-of-indigency.pdf |
| Order for Withholding | This document is used to instruct an employer to deduct spousal support payments directly from the obligor's paycheck and send them to the Texas Child Support Disbursement Unit. | $0 | https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/child-support/CS_Forms/CPP-Default-Forms/1009_Order_Withholding_Support.pdf |
| Answer | This document is used by the respondent to formally respond to the divorce petition. It includes information about the respondent's position on the issues raised in the petition, and may include counterclaims or other legal arguments. | $0 | https://www.txcourts.gov/media/1448189/answer-with-children.pdf |
The process of filing for divorce in Texas
Filing for divorce in Texas can be a complex and often confusing process that requires careful planning and consideration. To start the process, you will need to file a petition for divorce with the court in the county where you or your spouse resides. This petition must include the grounds for divorce, which can include adultery, abandonment, cruelty, or any other reason recognized by Texas law.
Once the petition is filed, you will need to serve a copy of it on your spouse, along with a citation that informs them of their right to respond to the petition. Your spouse will then have a certain amount of time to respond, after which a hearing will be scheduled if necessary.
During the hearing, you and your spouse will have the opportunity to present evidence and argue your case before the judge. The judge will then make a final decision on the terms of your divorce, including property division, child custody, and support payments.
Overall, the process of filing for divorce in Texas can be emotionally and financially draining, but with the help of an experienced attorney, you can navigate the process with confidence and achieve a favorable outcome.
| STEP | TIMELINE | REQUIRED FORMS | ADDITIONAL INFORMATION |
|---|---|---|---|
| Determine eligibility for divorce | No minimum time period | N/A | Texas residency requirement: at least one spouse must have lived in Texas for at least 6 months prior to filing for divorce |
| Choose a grounds for divorce | N/A | Original Petition for Divorce | Choose from fault or no-fault grounds |
| Complete the Original Petition for Divorce | As soon as possible | Original Petition for Divorce | Indicate the grounds for divorce and include any necessary information such as child custody arrangements |
| File the Original Petition for Divorce | Within 30 days of completing the Original Petition for Divorce | Original Petition for Divorce, Civil Case Information Sheet, and any additional forms required by the county | File with the district clerk in the county where you or your spouse lives |
| Serve the Original Petition for Divorce to your spouse | As soon as possible after filing | Citation, Waiver of Service, and any additional forms required by the county | Your spouse must be served with a copy of the Original Petition for Divorce and any additional forms by a sheriff or private process server |
| File a Proof of Service with the court | Within 10 days of service | Proof of Service | This document proves that your spouse was served with the Original Petition for Divorce and any additional forms |
| Wait for your spouse to file an answer | Within 20 days of being served | Answer | Your spouse may file an answer which may include a counter-petition |
| Attend any necessary court hearings | As scheduled by the court | N/A | The court may schedule hearings for temporary orders, mediation, or final divorce proceedings |
| Negotiate a settlement agreement | As soon as possible | Settlement Agreement | This document outlines the terms of the divorce settlement and may be created with the help of a mediator or attorney |
| File any necessary forms related to the settlement agreement | As soon as possible after agreement is reached | Agreed Decree of Divorce, Final Decree of Divorce | These forms finalize the divorce settlement agreement and must be signed by a judge |
| Attend final court hearing | As scheduled by the court | Final Decree of Divorce | The judge will review the settlement agreement and sign the Final Decree of Divorce |
| Begin post-divorce tasks | After the divorce is finalized | N/A | Tasks may include changing your name, updating legal documents, or creating a new estate plan |
| Consider appealing the divorce decree | Within 30 days of the final divorce decree | Notice of Appeal | If you disagree with the final divorce decree, you have the right to file an appeal |
| Consider modifying the divorce decree | As soon as possible after the divorce is finalized | Request to Modify, Order Modifying Decree | If circumstances change, you may need to modify the terms of the divorce settlement agreement |
| Consider enforcing the divorce decree | As soon as possible after a violation of the divorce decree occurs | Motion for Enforcement | If your spouse violates the terms of the divorce settlement agreement, you may need to file a motion for enforcement |
Fees and costs associated with filing for divorce in Texas
The fees and costs associated with filing for divorce in Texas can vary depending on a number of factors. The filing fee alone can range from $250 to $350, depending on the county where you file. In addition to the filing fee, there may be additional fees associated with serving the divorce papers to your spouse, attending mandatory parenting classes, and hiring an attorney if you choose to do so. If the divorce is contested, meaning that you and your spouse cannot agree on all of the terms of the divorce, the costs can quickly add up. This can include fees for mediation or arbitration, depositions, and court appearances. It’s important to keep in mind that the cost of a divorce can be significant, and it’s important to be aware of all of the potential fees and costs before filing. Working with an experienced family law attorney can help you navigate the process and ensure that you are well-informed of all the costs associated with filing for divorce in Texas.
Documents needed for filing for divorce in Texas
Filing for divorce in Texas can be a daunting task, and gathering the necessary documents can be overwhelming. To file for divorce in Texas, you will need to provide various documents to the court, including your marriage certificate, financial statements, and information about any children involved. You will also need to complete forms such as the Petition for Divorce and the Final Decree of Divorce. Additionally, if the divorce is contested, you may need to provide evidence to support your claims. It is important to consult with a qualified attorney to ensure that you have all the necessary documents and information to file for divorce in Texas.
Serving divorce papers in Texas
Serving divorce papers in Texas can be a complicated and stressful process. In order to file for divorce in Texas, you first need to meet the residency requirements and file a petition with the court. After the petition is filed, you will need to serve your spouse with a copy of the divorce papers. This can be done by a process server, sheriff’s deputy, or certified mail. It is important to ensure that your spouse receives the papers in order for the divorce process to proceed. If your spouse cannot be located or served, you may need to explore other options, such as publication of the notice in a newspaper. Additionally, if your spouse contests the divorce, the process can become even more complicated. It is important to consult with an experienced family law attorney to ensure that your rights are protected throughout the divorce process.
How to respond to divorce papers in Texas
You’ve just been served with divorce papers and you’re not quite sure how to respond. Don’t panic – the process can be confusing, but once you understand the steps, you can respond with confidence. In Texas, there are specific rules about how to respond to divorce papers. You usually have 20 days to file a response with the court, and you must include specific information about your marriage and any children you have. It’s important to read the papers carefully and make sure you understand what’s being asked of you. You may want to consult with an attorney to make sure your rights are protected. Whatever you do, don’t ignore the papers or fail to respond – this can result in a default judgment against you. Take a deep breath, gather your thoughts, and start working on your response today.
| STEP | TIMEFRAME | DETAILS |
|---|---|---|
| Read the papers carefully | Within 20 days of being served | Make sure you understand what is being asked of you and the deadlines you need to meet. |
| File a response | Within 20 days of being served | Fill out and file a written response to the divorce petition with the court that sent you the papers. |
| Pay the filing fee | At the time of filing | The fee varies by county but is generally around $250-$300. |
| Serve your spouse | As soon as possible after filing your response | Have someone over the age of 18 who is not involved in the case personally deliver a copy of your response to your spouse. |
| File a certificate of service | Within 10 days of serving your spouse | File a document with the court stating that you have properly served your spouse with a copy of your response. |
| Attend mediation | As soon as possible after filing your response | In many counties, you will be required to attend mediation to try to work out any issues before going to trial. |
| Exchange financial information | Within 30 days of filing your response | You and your spouse will need to exchange documents detailing your income, assets, and debts. |
| Negotiate a settlement | As soon as possible after exchanging financial information | Work with your spouse to come to an agreement on how to divide your property and debts, as well as any child custody and support issues. |
| Attend a final hearing | After all other issues are resolved | If you and your spouse are unable to come to an agreement, you will need to attend a final hearing where a judge will make a decision for you. |
| Finalize the divorce | After the final hearing | Once the judge signs the final decree of divorce, your divorce is final. |
| Follow the court's orders | Throughout the process | Make sure to comply with all court orders and deadlines throughout the divorce process. |
| Consider hiring an attorney | At any point during the process | While it is possible to represent yourself in a divorce case, hiring an attorney can help ensure that your rights are protected and that you get a fair outcome. |
| Stay organized | Throughout the process | Keep copies of all documents and correspondence related to your divorce in a safe, organized place. |
| Take care of yourself | Throughout the process | Divorce can be a stressful and emotional process, so make sure to take care of yourself and seek support from friends and family. |
| Consider counseling | Throughout the process | If you are struggling to cope with the emotional impact of divorce, consider seeking counseling or therapy to help you through the process. |
Mediation and other alternatives to court in Texas divorce cases
Divorce cases in Texas can be quite stressful and overwhelming. However, there are alternatives to court proceedings that can make the process easier and less contentious. One such alternative is mediation. Mediation is a process where a neutral third party helps the divorcing couple reach an agreement on issues such as child custody, property division, and spousal support. Mediation can be less expensive and time-consuming than going to court, and can also result in more satisfactory outcomes for both parties. Another alternative to court is collaborative divorce. Collaborative divorce involves both parties working with their individual lawyers to negotiate and resolve issues without the need for court intervention. This option can be more expensive than mediation, but can also result in more personalized and creative solutions. Finally, some couples may choose to pursue arbitration, where a neutral third party makes a binding decision regarding the disputed issues. Although arbitration can be less expensive and faster than going to court, it may not provide the same level of control over the outcome as mediation or collaborative divorce. Overall, considering alternatives to court in Texas divorce cases can lead to less stress, less expense, and more satisfactory outcomes for all involved.
What to expect after filing for divorce in Texas
Going through a divorce is a difficult and emotional process, and it’s natural to wonder what happens after filing for divorce in Texas. There are a lot of unknowns and variables involved, which can make the process feel overwhelming. While there’s no way to know exactly what to expect, here are a few things you may encounter:
- Serve your spouse with the divorce papers. This can be a difficult and emotional conversation, but it’s an important step in the process. After your spouse has been served, they’ll have a certain amount of time to respond to the papers.
- Discovery process. Once your spouse has responded, the two of you will begin the discovery process. This is where both parties exchange information and documents related to the divorce. It’s important to be as honest and transparent as possible during this process, as any hidden information could come back to haunt you later on.
- Mediation. Next, you’ll need to attend mediation. Mediation is a process where a neutral third party helps you and your spouse come to an agreement on issues like child custody, division of assets, and spousal support. If you’re unable to come to an agreement during mediation, you’ll need to go to court and have a judge make the decisions for you.
- Final divorce decree. Finally, once everything has been settled, you’ll receive a final divorce decree. This document will outline all of the terms of your divorce, including child custody, division of assets, and any support payments. It’s important to read this document carefully and make sure you understand everything before signing it.
Overall, the divorce process can be emotionally taxing and unpredictable. However, it’s important to remember that you’re not alone. There are resources available to help you through this difficult time, including divorce attorneys, therapists, and support groups.
What are the residency requirements for filing for divorce in Texas?
At least one party must have been a resident of Texas for at least 6 months before filing for divorce.
Do I need to have a reason for filing for divorce in Texas?
No, Texas is a no-fault divorce state, meaning that you do not need to have a specific reason for filing for divorce.
What are the grounds for divorce in Texas?
While you do not need a specific reason for filing for divorce in Texas, there are several grounds for divorce that can be cited. These include adultery, cruelty, abandonment, conviction of a felony, living apart for at least 3 years, and confinement to a mental hospital.
How long does it take to get a divorce in Texas?
The length of time it takes to get a divorce in Texas can vary depending on a number of factors, including the complexity of the case and whether or not the parties are in agreement on all issues. In general, a divorce in Texas can take anywhere from a few months to more than a year.
Do I need to hire a lawyer to file for divorce in Texas?
While it is possible to file for divorce in Texas without a lawyer, it is highly recommended that you seek the advice of an experienced family law attorney. A lawyer can help ensure that your rights are protected and that you are able to achieve the best possible outcome in your case.
How much does it cost to file for divorce in Texas?
The cost of filing for divorce in Texas can vary depending on the county in which you file and the complexity of your case. In general, you can expect to pay a few hundred dollars in filing fees, as well as additional costs for service of process and other legal fees.
In conclusion, filing for divorce in Texas can be a complex and emotional process. However, with the right guidance and preparation, it is possible to navigate the legal system and move forward with your life. Remember to gather all necessary documents, communicate openly with your spouse, and seek the advice of a qualified attorney if needed. With these steps, you can hopefully achieve a fair and amicable resolution to your divorce case.
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50 responses to “Requirements for Filing a Divorce in Texas”
What is the waiting period for a divorce in Texas?
The waiting period for a divorce in Texas is 60 days from the date the petition is filed. This waiting period is mandatory and cannot be waived.
What is the cost of filing a divorce in Texas?
The cost of filing a divorce in Texas varies from county to county. It can cost anywhere between $200 to $300.
What is the waiting period to finalize a divorce in Texas?
In Texas, there is a mandatory 60 day waiting period from the date the divorce petition is filed before a divorce can be finalized. However, in certain circumstances, such as cases involving family violence or active military duty, the waiting period may be waived or shortened.
What are the residency requirements for filing a divorce in Texas?
To file for a divorce in Texas, at least one spouse must have lived in the state for the preceding six months and in the county of filing for the preceding 90 days. It’s important to make sure you meet these requirements before filing.
What are the residency requirements for filing a divorce in Texas?
To file for a divorce in Texas, you or your spouse must have been a resident of the state for at least six months before filing. Additionally, you must have lived in the county where you plan to file for at least 90 days.
What happens if we don’t meet the residency requirements for filing a divorce in Texas?
If you don’t meet the residency requirements, you won’t be able to file for divorce in Texas. However, you may still be eligible to file for divorce in another state.
What are the residency requirements for filing a divorce in Texas?
To file for a divorce in Texas, at least one of the spouses must have lived in the state for a continuous six-month period prior to filing for divorce. Additionally, the spouse must have lived in the county where they plan to file for divorce for at least 90 days.
What happens if both parties cannot agree on the terms of the divorce in Texas?
If both parties cannot agree on the terms of the divorce, the case goes to trial and a judge will make the decisions on how to divide property and assets, child custody, child support, and any other issues regarding the divorce.
What are the residency requirements for filing a divorce in Texas?
At least one of the spouses must have been a resident of Texas for at least six months prior to filing for divorce. Additionally, the divorce must be filed in the county where either the petitioner or the respondent has been a resident for at least 90 days.
Is there a residency requirement to file for divorce in Texas?
Yes, there is a residency requirement to file for divorce in Texas. Either one spouse must have been a resident of Texas for at least six months, or the marriage took place in Texas and one spouse has lived in the state for at least 90 days.
What documents are required for filing a divorce in Texas?
To file for divorce in Texas, you will generally need to provide the following documents:
1. Petition for Divorce: This is a written request to the court stating that you want a divorce.
2. Summons: A document that formally notifies your spouse about the divorce proceedings.
3. Information on Suit Affecting the Family Relationship (S.A.F.E.R.): This document contains important information about your marriage, children, and property.
4. Financial Information: You will need to provide financial documents such as income statements, tax returns, and property records.
5. Divorce Decree: Once the divorce is finalized, this document will outline the terms of your divorce, including child custody, child support, and property division.
It is important to consult with an attorney or refer to the Texas Family Code for specific requirements and procedures for filing a divorce in Texas.
What are the residency requirements for filing a divorce in Texas?
To file for a divorce in Texas, either you or your spouse must have been a resident of the state for at least six months prior to filing. Additionally, you or your spouse must have resided in the county where you plan to file for at least 90 days.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period, and must have resided in the county where the divorce is filed for at least 90 days.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, either spouse must have been a resident of the state for at least six months prior to filing. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
What is the residency requirement for filing a divorce in Texas?
In order to file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months prior to filing and must also be a resident of the county where you plan to file for at least 90 days.
What is the residency requirement for filing a divorce in Texas?
To file for a divorce in Texas, at least one spouse must have lived in the state for at least six months prior to filing. Additionally, you must have resided in the county where you plan to file for at least 90 days.
What is the residency requirement for filing a divorce in Texas?
To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period prior to filing, and must have resided in the county where the divorce is filed for at least 90 days.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months prior to filing. Additionally, you must have resided in the county where you plan to file for divorce for at least 90 days. These residency requirements are necessary to establish jurisdiction for the court to hear your divorce case.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period prior to filing. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
What are the residency requirements for filing a divorce in Texas?
In order to file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period. Additionally, the petitioner must have been a resident of the county in which the divorce will be filed for at least 90 days before filing.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, at least one of the spouses must have been a resident of the state for the preceding six months, and a resident of the county where the divorce is filed for the preceding 90 days.
What documents do I need to file for a divorce in Texas?
To file for a divorce in Texas, you will need to gather certain documents including the Petition for Divorce, Original Petition for Divorce, and the Civil Case Information Sheet. It is also important to have a copy of your marriage certificate and any relevant financial documents such as tax returns and bank statements.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months prior to filing. Additionally, you or your spouse must have been a resident of the county where you plan to file for divorce for at least 90 days.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, either spouse must have been a resident of the state for a continuous six-month period. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days prior to filing.
What are the residency requirements for filing a divorce in Texas?
To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period before filing. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.