When considering a divorce in Texas, one of the first questions on most people’s minds is: “How long will it take?” The answer is influenced by several factors, including whether the divorce is contested or uncontested, the complexity of assets involved, and issues like child custody. In this blog, we’ll explore the Texas divorce timeline and key elements that affect how long the process takes. By the end, you’ll have a clearer picture of what to expect when filing for a divorce in Texas.
Understanding the 60-Day Waiting Period
In Texas, there’s a mandatory 60-day waiting period after filing the divorce petition. This is often called the “cooling-off” period and is designed to give both parties time to reconsider or resolve their issues amicably. The clock starts on the day the petition is filed, and no final divorce decree can be issued until after the 60th day. This means that, even in the most amicable and straightforward divorces, the absolute minimum time frame is 60 days.
There are only two exceptions to this rule: if domestic violence has occurred, or if one spouse has been convicted or received deferred adjudication for a family violence offense against the other spouse. In these cases, the court may waive the 60-day waiting period.
Uncontested vs. Contested Divorces
The complexity of a divorce case depends significantly on whether it is uncontested or contested.
- Uncontested Divorce: An uncontested divorce is one in which both spouses agree on all major issues, such as division of property, child custody, and support arrangements. Since both parties are in agreement, the process is much faster. After the mandatory 60-day waiting period, the court can issue a final decree within a few weeks, bringing the total time to around 2 to 3 months.
- Contested Divorce: A contested divorce, on the other hand, occurs when spouses cannot agree on one or more significant issues. In these cases, the process can stretch from months to years. Mediation, court hearings, and possibly even a trial may be required to resolve disputes. On average, contested divorces in Texas can take between 6 months to a year to finalize, but in highly complex cases, it can take longer.
Factors That Can Prolong a Divorce in Texas
Several elements can influence how long it takes to get a divorce in Texas, including:
- Complex Assets: If the couple owns multiple properties, has large investments, or runs a business together, it can take time to untangle these financial matters.
- Child Custody Disputes: Disagreements over child custody and support can significantly delay the process, especially if a child custody evaluation or Guardian ad Litem (court-appointed advocate for the child) is required.
- Court Scheduling: Texas courts are often busy, and scheduling hearings can take time, adding to the overall timeline.
- Delays in Communication: If one party is uncooperative, delays responding to legal documents, or refuses to negotiate, this can drag the process out even further.
Mediation and Settlement Negotiations
In many cases, couples may opt for mediation to resolve their differences outside of court. Mediation is often a quicker and less expensive alternative to litigation, helping couples settle disagreements on property division, child custody, and other issues. If successful, mediation can significantly shorten the divorce process, often finalizing the divorce soon after the 60-day waiting period.
After the Final Decree
Once a judge signs the final divorce decree, the divorce is officially complete. However, it’s important to note that even after the final decree, some logistical issues may take additional time. For example, if property is being sold or transferred as part of the divorce settlement, this can take weeks or months to finalize.
How to Speed Up the Process
While the Texas divorce process involves certain unavoidable steps, there are a few ways to expedite it:
- Cooperate with Your Spouse: The more amicable the divorce, the faster it can proceed. If both parties can agree on major issues, it will save time and money.
- Be Prepared: Gather all relevant documents—financial records, property deeds, etc.—before filing. The more organized you are, the faster the process can move.
- Hire an Experienced Attorney: A knowledgeable divorce attorney can guide you through the process efficiently and help resolve any potential disputes before they escalate into lengthy court battles.
Conclusion
So, how long does it take to get a divorce in Texas? In the best-case scenario, an uncontested divorce with no complications can be finalized in as little as 60 to 90 days. However, contested divorces involving complex assets or custody disputes can take anywhere from 6 months to over a year.
Regardless of the circumstances, being informed, organized, and cooperative can help shorten the timeline and minimize stress during this difficult time. If you’re considering a divorce in Texas, consulting with a divorce attorney like Sandoval Family Law is a smart first step to ensure you’re prepared for the process ahead.
