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How long does it take to get divorced in Texas?

How long does it take to get divorced in Texas?

Divorce doesn’t happen overnight. Some cases wrap up in a few months, while others stretch out for a year or more. The timeline depends on legal requirements, how willing both spouses are to cooperate, and the issues that need to be resolved. Texas law sets a mandatory waiting period, but that doesn’t mean every divorce follows the same schedule. Delays can come from disputes over child custody, property division, or court backlogs. Understanding what affects the process helps set realistic expectations and avoid unnecessary setbacks.

How Long Does a Divorce Take in Texas?

Understanding the timeline of a Texas divorce can be challenging. While legal deadlines exist, no strict rule determines when a case will conclude. The length of time depends on the specific circumstances you and your spouse are facing. Many people want to finalise their divorce as quickly as possible. Knowing what can speed up or delay the process helps manage expectations and avoid unnecessary complications.

The Texas Divorce Process

A divorce in Texas begins when one spouse files an Original Petition for Divorce and serves the other spouse with notice. Once served, the other spouse must file an answer. At this point, the case officially starts. Various factors can impact the timeline, some within your control and others beyond it.

Legal deadlines provide a structure, but each case follows a unique path. Unforeseen events, disputes over child custody, property division, or procedural delays can extend the process. While these issues may arise, taking proactive steps can help prevent unnecessary delays.

Minimum Waiting Period for Divorce

Texas law requires a mandatory 60-day waiting period after filing the divorce petition. This cooling-off period allows couples time to reconsider their decision and explore reconciliation.

An exception applies in cases involving family violence. If a spouse has been convicted of or received deferred adjudication for domestic violence within two years before the filing, the court may grant a waiver of the waiting period. This exception exists to prioritise the safety of the victim and any children involved.

Even if a case qualifies for a waiver, a divorce still requires resolving issues related to property division, child custody, and financial support. This means most divorces, even with the waiver, still take time to finalise.

Factors That Can Extend a Divorce Case

While the law sets a minimum duration, several factors can make a divorce take longer than expected.

1. Disagreements on Key Issues

Disputes over property division, child custody, or spousal support can cause significant delays. Couples who struggle to reach agreements often require mediation or court intervention, which adds time to the process.

2. Court Scheduling Delays

Courts handle a high volume of cases, which means hearings and trial dates may be scheduled months apart. If a case goes to trial, it can extend well beyond the minimum waiting period.

3. Complex Financial Matters

Dividing assets and debts can take time, especially in cases involving business ownership, multiple properties, or retirement accounts. Disputes over financial disclosures and asset valuation may require expert analysis, slowing down the process.

4. Failure to Communicate or Cooperate

When spouses refuse to communicate or delay responding to legal requests, the process drags on. Prompt responses and a willingness to negotiate can help keep things moving efficiently.

Ways to Speed Up the Divorce Process

Taking proactive steps can help shorten the time it takes to finalise a divorce.

How long does it take to get divorced in Texas?

1. Negotiate with Your Spouse

Reaching agreements outside of court saves time and money. Mediation allows both parties to work through disputes with a neutral third party, avoiding the delays of litigation.

2. Prepare Financial Documents Early

Gathering financial records, including bank statements, tax returns, and property valuations, can prevent delays during the asset division process. Being organised makes negotiations smoother.

3. Consider an Uncontested Divorce

If both spouses agree on all terms, an uncontested divorce can move much faster. In these cases, the court reviews the settlement and finalises the divorce once the waiting period expires.

4. Work with an Experienced Attorney

A knowledgeable attorney can help avoid procedural mistakes that might cause unnecessary delays. Proper legal guidance ensures paperwork is filed correctly and negotiations stay on track.

Child Custody and Its Impact on Divorce Duration

When children are involved, child custody agreements significantly impact the timeline. Disagreements over custody arrangements can lead to extended negotiations or court intervention.

Custody Disputes and Delays

Parents who cannot agree on custody terms may require court-ordered evaluations, parenting classes, or psychological assessments. These additional steps extend the divorce process.

Reaching a Custody Agreement

Parents who prioritise cooperation can create a parenting plan that outlines custody schedules, decision-making responsibilities, and child support agreements. Courts favour agreements that focus on the best interests of the child.

Property Division and Divorce Timelines

Dividing assets can be straightforward or highly complicated, depending on the financial situation of both spouses.

Community Property Laws

Texas follows community property laws, meaning most assets acquired during the marriage belong to both spouses equally. If both parties agree on how to divide property, the process moves quickly.

High-Asset Divorce Complications

Cases involving businesses, multiple properties, or investments often require professional valuations and financial experts. The more complex the financial picture, the longer the process takes.

The Role of Mediation in Speeding Up Divorce

Mediation allows couples to settle disputes outside of court with the help of a neutral third party.

Benefits of Mediation

  • Faster resolution compared to court trials
  • Lower legal costs
  • More control over the final settlement

Mediation encourages cooperation, reducing conflict and making it easier to finalise divorce terms efficiently.

Choosing the right attorney can impact how long a divorce takes. A proactive attorney focuses on resolving disputes quickly rather than letting unnecessary delays prolong the case.

Qualities of an Effective Divorce Attorney

  • Strong negotiation skills
  • Clear and frequent communication
  • Experience handling child custody and property division
  • Commitment to avoiding unnecessary litigation

Attorneys who prioritise settlements over court battles help clients achieve faster results.

Conclusion

The timeline for a Texas divorce depends on multiple factors, including legal requirements, cooperation between spouses, and the complexity of the case. While the minimum waiting period is 60 days, disputes over child custody, property, and financial matters can extend the process. Working with an experienced attorney, negotiating agreements outside of court, and staying organised can help speed up the process. Understanding the factors that influence the duration of a divorce helps set realistic expectations and ensures smoother proceedings.

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At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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