No one wants their divorce process to drag on. However, it’s also crucial to be thorough, as rushing through the process can lead to mistakes. The timeline of your case depends on your circumstances, if you and your spouse agree on the key issues, and whether you have help from an experienced Texas divorce attorney.
Minimum Time Period for Texas Divorces
Under Texas law, a court cannot grant a divorce decree until at least 60 days have passed since you or your spouse submitted the initial petition. There are some rare exceptions to this rule, such as cases involving domestic violence.
Unlike most states, Texas law does not impose a longer waiting period for cases involving the custody of minor children. So, if you and your spouse agree on custody and the other terms of your divorce, you could get divorced within two months of your initial petition.
Timeline of a Texas Divorce
There are specific steps couples must complete before a judge can grant a divorce in Texas. Those steps include:
- File the Original Petition for Divorce – The divorce process begins when one spouse files a petition with the court. This step officially starts the divorce proceedings.
- Serve the Other Spouse – The other spouse must receive official notice of the divorce complaint. This step may involve hand-delivering the legal notice or sending it through certified mail. The other spouse has 20 days to respond after receiving the petition.
- Temporary Orders Hearing (If Necessary) – If urgent issues arise, such as disputes over child custody or financial support, the court may schedule a temporary orders hearing. This hearing typically occurs within a few weeks of the initial petition.
- Waiting Period – Texas requires a 60-day waiting period from the date the petition is filed before the courts can finalize a divorce. This waiting period applies to both contested and uncontested divorces.
- Discovery and Negotiation – During the waiting period, both spouses exchange financial information and may attempt to reach agreements on issues like property division, alimony, and child custody. This step can take several months, depending on the case’s complexity and whether the spouses can find common ground.
- Final Hearing or Mediation – If the spouses reach an agreement, the court may schedule a final hearing. Otherwise, a trial may be necessary. It can take months for the court to schedule and hold a trial, significantly extending the case’s timeline.
- Final Divorce Decree – Once the court approves the settlement or the trial concludes, the judge will issue a final divorce decree, officially ending the marriage.
Complications in Texas Divorces
Some factors that can make your divorce take longer include:
- Disagreements over dividing shared property.
- Child custody disputes.
- Spousal support (alimony) negotiations.
- Complex financial matters, such as dividing investments or interests in a business.
- Court backlogs.
How We Can Speed Up Your Divorce
At Huckaby Hicks PLLC, we understand the emotional and financial toll of a prolonged divorce. Our team can prepare all the necessary legal documents and filings, reducing the risk of delays from incomplete or incorrect paperwork. We can also assist during negotiations with your spouse, helping the two of you reach agreements on issues such as property division, child custody, and spousal support. We aim to resolve these matters outside of court through methods like mediation or collaborative law, which can save you time and reduce conflicts with your spouse. If your divorce is uncontested, we can help keep the process moving by ensuring you both agree to the terms and putting them in writing for court approval.
With our experience and proactive approach, we work to get you through the divorce process as efficiently as possible while protecting your interests. Call now or complete our contact form for a free consultation.