When you and your spouse agree to divorce and have settled outstanding issues like property division, spousal maintenance, and child custody, you may opt to pursue an uncontested divorce. But how long does the average uncontested divorce in Texas take? Although the duration of an uncontested divorce varies case by case, several factors can typically affect the timeline. Uncontested divorces also have minimum waiting periods that couples must observe.
Overview of the Texas Divorce Process
In Texas, an uncontested divorce involves a specific legal process and must follow a particular timeline. Although uncontested divorces typically take much less time than contested divorces, as they avoid litigation over issues like property division or child custody, an uncontested divorce case will take several weeks at a minimum. For example, couples who file for an uncontested divorce must observe a 60-day waiting period before the court can issue a final divorce decree.
Step-by-Step Timeline for an Uncontested Divorce
The typical timeline for an uncontested divorce in Texas involves several steps:
- Preparing and Filing the Petition – A couple must draft the original petition for divorce and file it with the court in a county where either spouse has resided for at least 90 days.
- Service of Process – Although the spouse who files the divorce petition must serve a copy of the petition and the court summons on their spouse, uncontested divorces usually involve the other spouse signing a waiver of service to avoid the cost and delay of hiring someone to serve process.
- Waiting Period – Texas imposes a “cooling off” period of 60 days after the filing of a petition for an uncontested divorce. The court cannot issue a final divorce decree until at least 60 days have passed since the filing of the petition.
- Finalizing the Divorce – In an uncontested divorce, the couple may present the court with a proposed final decree that reflects their settlement of the issues in their divorce case. The court will review the decree to ensure that it meets legal requirements. If the court approves the proposed decree, it will sign and issue it. The couple may have to attend a brief court appearance to finalize the divorce.
Factors That May Affect the Timeline
Various factors can influence the duration and timeline of an uncontested divorce, including:
- Delays in Court Scheduling – Some counties may have limited availability for court hearings to address issues that may arise in a case or to finalize the divorce decree.
- Errors or Missing Information in Documents – Courts may delay proceedings when couples submit documents with errors or information to allow spouses to correct those errors.
- Complexity of Marital Assets or Other Legal Issues – Couples with complex marital assets or other challenging legal matters can take a bit longer to finalize, even in uncontested divorces.
- Attorney Review – Spouses’ attorneys will need time to review finalized divorce decrees to ensure they meet legal requirements and protect their clients’ interests.
Typical Overall Duration
At a minimum, an uncontested divorce must take at least 61 days due to the mandatory waiting period. However, uncontested divorce cases can take up to four months, depending on how long it takes to finalize paperwork and the court’s schedule/availability. In contrast, contested divorces can take a year or more due to discovery, pretrial hearings, and an eventual trial.
Contact a Divorce Attorney Today
If you and your spouse plan to file for an uncontested divorce, understanding the process and timeline of the legal process can help reduce any anxiety and stress you may feel over the proceedings. Contact Huckaby Hicks PLLC today for a confidential consultation with a divorce attorney. We’ll help you understand what to expect in an uncontested divorce in Texas and discuss how we can protect your rights and interests as you begin the next chapter of your life.