How Long Does It Take to Finalize a Divorce in Texas?
Everyone has something that makes them unique. The same is true for marriages and divorces. The time it takes to finalize a divorce in Texas can vary depending on several factors, including the complexity of the case, whether the divorce is contested or uncontested, and how quickly the couple can reach an agreement.
Some couples can resolve their divorce in a matter of months while others can take a year or longer. For a better idea of how your divorce timeline might look, speak with a knowledgeable Tarrant County, TX divorce lawyer who can review your case and guide you further.
60-Day Waiting Period
Texas has a mandatory 60-day waiting period from the date someone files a divorce petition until the divorce can be finalized. This applies to all divorces, even when both spouses agree about everything. This waiting period is meant to give couples time to reflect, in case they want to reconsider their decision to divorce.
The waiting period begins on the day the divorce petition is filed. The court can grant the divorce 60 days later, although that does not mean the divorce will be automatically finalized. Other factors can extend the timeline.
Uncontested vs. Contested Divorce
In an uncontested divorce, both spouses agree on all the major issues that need to be addressed in a divorce settlement, such as property division, child custody, child support, and spousal support. Since the spouses agree about all these issues, uncontested divorces are typically faster and therefore, less expensive. Uncontested divorce in Texas can be finalized shortly after the 60-day waiting period. In many cases, the entire process takes about two to three months from start to finish.
On the other hand, a contested divorce is when spouses cannot agree on key issues. When that happens, the court needs to get involved to resolve disputes. This type of divorce takes significantly longer because it may require court hearings, mediation, or even a trial. The timeline for a contested divorce depends on the complexity of the issues involved as well as the court’s schedule and availability. In some cases, a contested divorce can take six months to a year or more to resolve. If the case goes to trial, it could take even longer.
Factors That Affect the Timeline
Some of the factors that can influence how long a Texas divorce takes include:
-
Children: Since courts prioritize the best interests of a child and need to therefore determine what those best interests are, divorces involving child custody and support tend to take longer.
-
Property and finances: Dividing complex assets, such as businesses or retirement accounts, can extend the timeline.
-
Disagreements: The more areas of disagreement a couple has, the longer the process will take to resolve.
-
Court backlog: Often, a major delay in resolving a divorce is the court’s schedule. A crowded court docket can significantly delay the process.
Contact a Dallas, TX Divorce Lawyer
While the 60-day waiting period sets a minimum timeline, the actual time it takes to finalize a divorce in Texas depends on your situation. A qualified Tarrant County, TX family law attorney who understands the process and is dedicated to helping you and your spouse reach an agreement can minimize delays. Call Law Office of Michelle Poblenz at 469-845-3031 to schedule a private consultation.