How Long Does a Divorce Take in Texas?
July 19, 2024
In Texas, the duration of a divorce can vary greatly depending on numerous factors. Ideally, if you and your estranged spouse can come to an agreement, usually, the process is quicker. If either of you cannot agree on specific terms, the process can take longer.
The Law Office of Sharion L. Fisher can provide legal assistance for a speedy divorce process. Our lawyer has the knowledge, experience, and resources to cater to your best interests.
Minimum Waiting Period
Texas law imposes a mandatory waiting period for all divorces, regardless of whether they are contested or uncontested. After filing for divorce, there is a mandatory 60-day waiting period before the divorce can be finalized. This period is designed to give the parties a chance to reconcile and ensures that the decision to divorce is well-considered.
Exceptions to the Waiting Period
There are limited circumstances where the waiting period can be waived, such as cases involving family violence or where an active protective order is in place. Consulting with a family law attorney can help clarify if these exceptions apply to your situation.
Typical Stages and Timeframes
Below are the typical stages of a Texas divorce and their respective timeframes:
1. Filing the Petition for Divorce
Once the Petition for Divorce is filed, it must be appropriately served to the other spouse. This can take a few days to a few weeks, depending on the method of service and the other spouse’s responsiveness.
2. Service of Process
The other spouse needs to be officially notified of the divorce filing. This service of process can be completed through a variety of means, including personal delivery, mail, or publication. Responding to the petition typically takes about 20 days.
3. Temporary Orders
If there are immediate issues to resolve (such as child support or temporary spousal support), temporary orders can be requested. The court may take a few weeks to schedule a hearing for temporary orders, based on the urgency and complexity of the issues.
4. Discovery Phase
Discovery involves the exchange of information between spouses regarding assets, debts, income, and any other relevant matters. This phase can take several months, especially if there is a significant amount of information to gather and dispute.
Document Requests
Interrogatories
Depositions
5. Mediation and Negotiation
Mediation or negotiation efforts to settle disputes out of court can range from a single session to multiple sessions over weeks or months. Successful mediation can expedite the process, while unsuccessful mediation means moving towards trial.
6. Trial Preparation
If the case goes to trial, preparation can take several months. This includes gathering evidence, preparing witnesses, and developing legal arguments. The court’s schedule also plays a significant role, as trial dates are set based on the court's availability.
7. Final Decree of Divorce
Once all issues are resolved, whether by agreement or court order, a Final Decree of Divorce is drafted, reviewed, and signed by the judge. This final step can take a few days to a few weeks, depending on administrative processing times.
Factors Influencing the Duration
Several factors can impact how long a divorce takes, including:
Level of conflict between spouses
Complexity of financial arrangements
Presence of minor children
Court schedules and availability
Efficiency and expertise of legal representation
Tips for a More Efficient Divorce Process
To navigate your divorce more efficiently:
Seek legal counsel early: Engaging a divorce attorney from the onset can streamline the process and prevent common pitfalls.
Be prepared and organised: Gather all necessary documents and financial records early in the process.
Communicate clearly: Open and clear communication with your spouse can help resolve issues amicably.
Consider mediation: Mediation is often faster and less contentious than litigation.
Frequently Asked Questions (FAQ)
Can the 60-day waiting period be waived?
Yes, there are certain circumstances under which the 60-day waiting period can be waived. These exceptions typically involve situations of family violence or if there is an active protective order in place. Consulting with an experienced divorce attorney can help determine if you qualify for any of these exceptions.
Do both spouses need to agree to the divorce?
No, Texas does not require both spouses to agree to the divorce. If one spouse files for divorce, the other spouse can’t prevent the divorce from occurring. However, lack of agreement will typically result in a contested divorce, which might prolong the process.
What if I cannot locate my spouse to serve the divorce papers?
If you cannot locate your spouse, you still have options to proceed with the divorce. You can request the court for permission to serve divorce papers through alternate means, such as publication in a local newspaper. Your attorney can guide you through this process to ensure all legal requirements are met.
How is property divided in a Texas divorce?
Texas is a community property state, meaning any property acquired during the marriage is generally divided equally between spouses. However, the court may make a "just and right" division based on various factors, including each spouse's earning capacity, the duration of the marriage, and custody of any minor children.
Will I have to pay spousal support?
The requirement to pay spousal support, also known as alimony, depends on several conditions, including the length of the marriage, each spouse's financial situation, and the ability of the receiving spouse to support themselves. Spousal support is not automatic and must be requested and justified in court.
How is child custody determined?
Child custody in Texas is determined based on the best interests of the child. Factors that influence custody decisions include each parent's ability to care for the child, the child's relationship with each parent, and the child's preferences if they are old enough to express them. Courts aim to create arrangements that foster the child’s well-being and stability.
Do I need a lawyer to get divorced in Texas?
While it is possible to file for and complete a divorce without an attorney, having legal representation is highly recommended, especially if your divorce involves complex issues like child custody, significant assets, or spousal support. An experienced divorce attorney can provide valuable guidance, ensure that your rights are protected, and help you navigate the procedural requirements.
What are temporary orders, and when are they issued?
Temporary orders are short-term rulings issued by the court to address immediate issues that cannot wait until the final divorce decree. These can include temporary child custody, child support, spousal support, and use of marital property. Temporary orders ensure stability and clarity while the divorce is ongoing and are typically issued at the beginning of the divorce process.
Can we still modify custody or support orders after the divorce is finalized?
Yes, post-divorce modifications to custody or support orders can be requested if there are significant changes in circumstances. For example, changes can be made if there is a substantial shift in income, relocation, or changes in the needs of the child. Modifications must be approved by the court.
What happens if my spouse does not comply with the divorce decree?
If your spouse fails to comply with the terms set out in the divorce decree, you can request the court's intervention to enforce the order. This may involve filing a motion for enforcement, which could result in penalties or sanctions against the non-compliant spouse.
Timely & Compassionate Legal Guidance
Understanding the divorce timeline in Texas can help set realistic expectations and better prepare you for the journey ahead. While the process duration can vary, staying informed and seeking professional guidance from an experienced divorce attorney can make a significant difference.
At the Law Office of Sharion L. Fisher we are committed to providing the support and comprehensive knowledge you need to navigate your Texas divorce smoothly and efficiently. Contact us today to schedule a consultation, we assist families in Dallas, Texas, and throughout Dallas County, Collin County, Ellis County, Tarrant County .