How Long Does It Take to Get a Divorce in Texas?

Navigating the complexities of divorce can be emotionally and logistically challenging. One of the primary concerns for many individuals is understanding the timeframe involved. If you’re considering or are in the midst of a divorce in Texas, you might be wondering: How long will it take to finalize the divorce? Let’s delve into the Texas family law to answer this question.

The 60-Day Waiting Period

First and foremost, Texas law mandates a 60-day waiting period from the date the divorce petition is filed until a court can finalize the divorce. This means that, in the most straightforward cases, where both parties are in complete agreement, the divorce will not be finalized for at least two months.

This waiting period is intended to give spouses a “cooling-off” time, potentially allowing them to reconsider the decision or work out their differences. However, there are exceptions to this rule, particularly in situations involving domestic violence.

Contested vs. Uncontested Divorce

The length of your divorce proceedings will largely depend on whether it’s contested or uncontested:

• Uncontested Divorce: This is when both parties agree on all aspects of the divorce, including property division, child custody, spousal support, etc. Even with complete agreement, you must still wait the 60-day period, but typically, these divorces are much quicker, often finalizing shortly after the waiting period.
• Contested Divorce: If there are disagreements on any aspect of the divorce and it goes to trial, the process will be significantly longer. Depending on the complexities involved and the court’s schedule, a contested divorce can last several months to even years.

Other Contributing Factors

Several other factors can influence the timeline:

1. Caseload of the Court: If the court’s docket is packed, even uncontested divorces can experience delays.
2. Mandatory Mediation or Counseling: Some cases may require mediation or counseling sessions, which can extend the process.
3. Child Custody Evaluations: If the court orders a child custody evaluation, it could lengthen the divorce timeline.
4. Discovery Period: If one spouse needs to gather information or evidence from the other, the discovery process can prolong the case.

While the 60-day waiting period provides a minimum timeframe for divorce in Texas, the actual length can vary based on the nature of the divorce (contested vs. uncontested) and other influencing factors. It’s essential to maintain open communication with your attorney throughout the process to set and manage expectations about the timeline.

Lastly, remember that while the legal process may take time, it’s crucial to ensure all aspects of the divorce are addressed thoroughly and fairly, setting the stage for a smoother transition to the next chapter of your life.