If you’re considering filing for divorce in Texas, one of the most common questions you’ll likely ask is, “How long does it take to get divorced?” While every divorce is different and the timeline can vary significantly depending on the circumstances, Texas law sets a few important rules that can help you know what to expect, starting with the mandatory waiting period.
The 60-Day Waiting Period
Under Texas Family Code § 6.702, there is a mandatory 60-day waiting period from the date the divorce petition is filed before a court can finalize a divorce. This waiting period is designed to give spouses a chance to cool down, reconsider, and potentially reconcile before the divorce becomes final. For the purposes of this waiting period, the clock starts on the day the petition is filed, not the day the other spouse is served or answers the lawsuit.
Exceptions to the Waiting Period
While there are exceptions to the waiting period, they are fairly rare. A court can waive the waiting period under specific circumstances, including:
- If there has been domestic violence involving the filing spouse or a member of the household.
- If one spouse has been convicted of a family violence offense.
Factors That Can Extend the Divorce Timeline
We’ve addressed the absolute minimum time it can take to finalize a divorce, but most divorces take longer than that to finalize. The length of the case can depend on several factors:
Contested or Uncontested
The degree to which the parties agree on major issues plays a major role in how long it takes to finalize a divorce. An uncontested divorce, in which the parties agree on everything or just need to sort out minimal details, may be finalized shortly after the mandatory waiting period ends. Highly contested or complex divorces, on the other hand, can take months or even over a year to finalize, especially if court intervention is needed. This can require additional hearings or trial in addition to the mediation process that most courts require parties to attend.
Children and Custody
If there are children involved, the court will need to review custody and support arrangements unless the parties agree on them, which often extends the process. If child issues are contested or if there are complicated issues with one or both parents requiring a custody evaluation, mental health evaluation, drug or alcohol screening, or interventions for abuse or neglect, such processes can make the whole divorce process grind to a halt while parties wait for investigation or evaluation results.
Property Division
The more assets and debts there are to divide, the more time it will likely take to reach an agreement or obtain a rendition. Even in cases where there is relatively little property, proving the characterization of that property may slow things down. For instance, if one spouse is claiming that a major asset such as real estate is their separate property, they will need the documentation to prove their claim, and this can take some time to obtain. This is also true of obtaining documents in general, as will be discussed in the next bullet point.
Discovery
The discovery process (the pre-trial phase where parties gather information and evidence from each other to prepare for trial) can throw a wrench in things if it becomes long and cumbersome due to the amount of information—obtaining and reviewing information takes time, and can often drag out proceedings. Each side may ask interrogatories, send requests for documents, take depositions, and send subpoenas to third parties, and if one party delays or refuses to cooperate, discovery can become one of the most time-consuming components of a divorce.
Mediation
This alternative dispute resolution process is often required by courts before allowing a contested hearing or trial to take place, and while it leads to a faster resolution in many cases, it can slow some cases down, especially if it’s clear that the parties are not going to come to an agreement. There may be delays in scheduling mediation which then requires a court hearing to either compel the other side to attend or waive the mediation requirement altogether, which adds steps to the process.
Court Availability
The schedule of your local family court can also play a role. Even with both sides ready to proceed, some courts have backlogs (especially in bigger counties), which can delay hearings and finalization.
What Can You Do to Speed Up the Process?
- Work Toward Agreement: The more you and your spouse can agree on key issues, the faster things will go.
- Be Responsive: Respond promptly to your attorney and to court requests; a lot of waiting can be avoided when everyone stays on top of replying to each other.
- Hire a Knowledgeable Attorney: An experienced family lawyer can help navigate the divorce process efficiently and avoid unnecessary delays, as well as knowing how to push the case forward if the other side is moving slowly.
Conclusion
While the state of Texas requires at least 60 days before a divorce can be finalized, the actual time it takes depends heavily on your individual situation. Whether you are preparing for a straightforward split or a more complicated case, understanding the timeline and what influences it can help you make informed decisions and set realistic expectations.