How Long Does a Divorce Take in Texas, and What Factors Affect the Duration?
When you and your spouse decide to part ways, you have a lot to think about, including how much the divorce in Texas costs, who gets the house, can you get a divorce while pregnant, is it possible to initiate the process online or without a lawyer, etc. The divorce timeline is also important because you wish to end the process as soon as possible. How long does a divorce take in Texas? It depends on various factors, which makes the estimation difficult.
How long it takes to get divorced in Texas depends on many factors, including:
- Can you get a divorce out of court?
- When does the court have available slots?
- Is the process uncontested or contested?
- Do you have to serve papers to your spouse?
Uncontested divorces—when ex-spouses agree on the divorce conditions—usually take less time. In theory, you can complete a friendly divorce in as little as one day once the 60-day Texas waiting period for divorce expires. In practice, you will probably have to wait for the final hearing because TX courtrooms tend to be busy.
Refer to the following table to learn how long divorces typically take:
|Divorce Type||Average Duration|
The following factors influence the duration and cost of the divorce in the Lone Star State:
- Having children
- Dividing shared property and assets
- Resorting to Alternative Dispute Resolution forms, such as mediation and collaborative divorce
To learn the divorce procedure details in your county or city, refer to the following table:
Defining the custody terms is sensitive and can require a lot of time. Upon this issue’s resolution, the parents negotiate the child support, visitation rights, and other relevant details.
If you and your spouse acquired nothing or little during the marriage, you won’t have to prove what belongs to whom. If your shared property is substantial, the negotiations can get ugly. The best course of action is to stay pragmatic and reach an agreement out of court.
Parties unable to reach an agreement on their own may resort to Alternative Dispute Resolution to:
To terminate your marriage, you may have to go through the following procedure:
- Pre-filing stage
- Filing for divorce
- Waiting for the served party’s response
- Honoring the waiting period
- Final hearing
This phase involves preparing the necessary paperwork before you file for divorce in TX. You can find most forms on the government websites or at your local court or county house.
You should submit Texas divorce forms regarding spousal and child support (if applicable), distribution of mutual assets and property, etc. Filing for divorce at the district clerk’s office usually takes a few days.
Send the paperwork to your spouse via certified mail or delivery service. In case these attempts fail, you can resort to publication in the media. Note that the latter option is a pricey one.
The respondent typically has between three and four weeks to examine the divorce papers and respond to the request.
The Texas divorce waiting period allows you to reconsider your decision. It starts from the moment you file for divorce and lasts 60 days. Note that the waiting period may be waived only in the case of family violence.
Finalizing the divorce typically takes a few days. Note that if the divorce is contested, additional procedures may apply, and the timeline can be significantly prolonged.
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