One common question asked of divorce lawyers in Texas is how long the process will take before the marriage is terminated. Since every situation is different when couples decide to divorce, the time involved can vary.
Generally speaking, divorces with more simple issues may take less time than more complicated ones. It is always necessary to proceed according to Texas family law, although cooperation between spouses can definitely work toward a faster resolution.
Texas Divorce Waiting Period
All divorces in Texas are subject to a 60-day waiting period. The time frame begins the day the petition for divorce is filed with the court and lasts for the next 60 days with no exceptions. When couples and their divorce lawyers are able to come up with a suitable settlement within the 60 days that is acceptable to the court, termination is granted on the 61st day of the petition filing. If negotiations last beyond the first 60 days, the divorce will be granted when an acceptable agreement has been reached.
Finalizing A Divorce In Texas
There are only two ways in which any marriage dissolution can be granted in Texas. Divorce may be terminated after an acceptable agreement between the spouses is made and the court approves it or after it goes to trial and the judge makes a final decision on the case. Couples who can come to an agreement on their own with the assistance of their divorce lawyers and/or mediators will usually reach finalization sooner than those who are cannot agree and must proceed to trial.
When a trial is necessary, spouses must then wait for the trial to be scheduled on the court docket however long that may take. After the trial has been concluded, the judge will render a decision which could extend the process months beyond the initial 60-day waiting period.
Can the Process Be Expedited?
The easiest way for spouses to expedite a marriage termination is to be willing to compromise on the settlement. When both spouses work together towards a fair resolution, creating the agreement and submitting it to the court for approval is easier and faster. The agreement must address the ending of the marriage, the division of property, any debt owed by the couple, and any relevant child custody concerns. In many cases, this can all be agreed upon through negotiations with divorce lawyers and mediators, promoting a faster and easier settlement.
Unfortunately, there are many times when spouses cannot agree on things, even with the help of mediators. Emotions may run high and some cases may involve complicated property dispersal, accusations of infidelity or abuse, and other circumstances that make the divorce more challenging.
When couples go to trial in a contested divorce, the process continues until the trial itself is concluded. Contested divorces take longer because they involve more steps, including discovery, arbitration, and mediation, not to mention waiting for a court date.
It is important that spouses seeking a divorce in Texas understand that they actually have the most control over how long the process takes. While there will always be complex cases that must be heard in family court, divorce lawyers suggest that most marriage dissolutions can be accomplished in as few as 61 days. Spouses who work together to reach a suitable settlement will see the divorce granted sooner, allowing them to get on with their lives more quickly!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Floor Blvd, Suite 12
Brownsville TX 78526