One of the most common questions clients ask a divorce lawyer in The Woodlands is “How long will my divorce take?” Understanding the divorce timeline is crucial for setting realistic expectations. The short answer is that the timeframe for a divorce in Texas can vary depending on the type of divorce and the specific circumstances of the case. Hiring a divorce attorney experienced in family law is crucial to navigating these complexities.
It is also important to file divorce papers correctly and be aware of the mandatory 60-day waiting period after filing. Texas has a 60-day minimum waiting period for divorces, which begins the day you file. It takes an average of two to three months to finalize an uncontested divorce after the waiting period. Contested divorces may take nine months to several years.
The Timeframe for a Divorce in Texas
The timeframe for a divorce case in Texas can vary based on the specific circumstances of the case, including whether there has been a legal separation, the current backlog of the court, and the level of responsiveness from the involved parties. Conflict and complexity of the case can also influence how the process takes. Disputes over child support can also extend the duration of the divorce process.
Common issues that can prolong a divorce include:
- Fault-based grounds for divorce
- Child custody disputes
- Disputes over property division
- Disputes over child support
The timeframe for a divorce in Texas can be delayed due to several common issues. One major factor is child custody disputes, which often require detailed evaluations and negotiations to ensure the best interests of the child are met. Additionally, the involvement of a family law attorney is crucial, as their expertise in family law can significantly influence the pace of proceedings.
The filing spouse must ensure all documents are correctly filed and deadlines are met, as any errors can cause significant delays. Complications may also arise in matters of spousal support and property division, both of which can be contentious and require extensive negotiation or court intervention. These elements collectively contribute to the overall complexity and duration of a divorce in Texas.
Uncontested Vs. Contested Divorce
There are two types of divorces: contested and uncontested. Uncontested divorces are more affordable and faster due to minimal court involvement, as both spouses agree on all issues concerning the divorce. In contrast, a contested divorce occurs when the spouses are unable to reach a consensus on their divorce matters, leading to a situation where a judge is required to make the decisions on their behalf. In many contested divorces, the mediation process is used to help the parties reach an agreement without going to trial.
Uncontested Divorce
In an uncontested divorce, both parties agree on the terms of the divorce. Both parties involved agree on topics such as how marital property will be divided, who will have custody over the children (or pets), child support, and the terms of the settlement agreement. There is no formal trial, and only the petitioner appears in court.
Both parties enter into a settlement agreement, which is subsequently drafted by one of the parties’ legal representatives. If both parties agree to the terms of the settlement it will be made an order of court. Once an agreement is reached, it is committed to writing, and the attorneys then proceed to draft the final divorce decree.
An uncontested divorce is the quickest and least expensive type of divorce. It can be finalized within 60-90 days in most cases, after the sixty-day waiting period is over.
Contested Divorce
In a contested divorce, the spouses can’t agree on their divorce issues, in which case a judge will make the decisions for them. During a contested divorce, the discovery process is used to gather information and evidence from both parties. Disagreements regarding spousal support and child support can slow down the divorce process. Contested divorces may take nine months to several years.
In the event of a contested divorce, the process could span various years. Most contested divorces tend to reach a settlement well before they are due for trial, resulting in a less drawn-out process. A contested divorce in Texas follows a specific timeline:
- Filing and Service: The petitioner files for divorce, and the court receives the documents. They are then submitted for a judge’s signature if a temporary restraining order has been requested.
- Temporary Orders: These are orders issued by the court to provide immediate protection and rules until the divorce is finalized.
- Negotiation: Both parties try to reach an agreement on the issues in the divorce.
- Trial: If no agreement is reached, the case goes to trial, and a judge might eventually need to decide how one or more issues are dealt with.
The cost of a divorce is usually higher in contested cases.
What Is the 60-Day Waiting Period?
The 60-day waiting period, also known as the cooling-off period, is a mandatory requirement under Texas law that begins the day after the petitioner files for divorce. This means that the earliest you can get a divorce is 61 days after you file. The separation period provides spouses with an adequate timeframe to contemplate whether proceeding with a divorce is the best course of action, or if there remains a possibility for reconciliation.
How Does the Waiting Period Work?
Upon the submission of a divorce petition by the petitioner, a 60-day waiting period begins, excluding the filing date, before the divorce can be finalized. To illustrate, if the petition is lodged on May 3, 2023, the waiting period will conclude on July 2, 2023, marking the 60th day. Consequently, the divorce proceedings can be completed on or after July 3, 2023, which is the 61st day of the waiting period. The divorce only becomes final after the judge signs the divorce decree.
Exceptions to the Waiting Period
While the 60-day waiting period is a standard requirement, there are a few exceptions that may allow you to waive the waiting period in Texas. These exceptions are rare and typically involve situations of domestic violence or other urgent circumstances. In cases involving domestic violence or other urgent circumstances, emergency orders may be issued to waive the waiting period.
What Happens During the Divorce Process Waiting Period?
The timeframe for a divorce in Texas can be delayed due to several common issues. One major factor is child custody disputes, which often require detailed evaluations and negotiations to ensure the best interests of the child are met. Additionally, the involvement of a family law attorney is crucial, as their expertise in family law can significantly influence the pace of proceedings. The filing spouse must ensure all documents are correctly filed and deadlines are met, as any errors can cause significant delays. Complications may also arise in matters of spousal support and property division, both of which can be contentious and require extensive negotiation or court intervention.
During the waiting period, the spouses can negotiate a settlement and try mediation, and temporary orders may be issued to address immediate concerns. If by the 61st day, the spouses are unable to present a settlement agreement for the court’s approval, they have the option to either continue their out-of-court settlement negotiations or proceed with their case in court. After the waiting period of 60 days, the court issues a final decree of divorce, which is a court order for the marriage dissolution.
Post-Divorce Modifications
Even after a divorce is finalized, further legal proceedings may be necessary. Post-divorce modifications, such as changes to child custody or support arrangements, can arise and may require additional court time and negotiation, extending the overall timeline of divorce-related matters. To request changes to child custody or support arrangements, a modification petition must be filed with the court. Changes to child support arrangements can be particularly complex, often necessitating legal representation to navigate the emotional and financial implications.
Court Schedules and Backlogs
The availability of court dates can also impact the timeline of a divorce. Courts in larger or more congested jurisdictions may have backlogs, leading to delays in scheduling hearings and trials. Additionally, the complexity of the case and the court’s docket can influence how long it takes to reach a resolution.
Factors Influencing the Duration
Several factors can influence the length of a divorce in Texas, including the level of conflict between the parties, the complexity of the marital estate, the presence of children, and the need for expert evaluations (such as custody evaluations or property appraisals). Disputes over child custody and support can significantly impact the duration of the divorce process. Each case is unique, and these variables can significantly impact the duration of the divorce process.
Contact a Divorce Lawyer in the Woodlands
At Bolton Law Firm, we understand the importance of having a family law attorney to provide legal representation and guidance during the divorce process. Our divorce attorneys in the Woodlands will strive to secure a favorable outcome as quickly as possible. Led by Board-Certified Lawyer Ruby Bolton, our legal team is highly experienced with typical contested issues and understands what the law requires to finalize a divorce in Texas.
Call 281-351-7897 or use our online contact form to get in touch with us. We are available any time of day.
