How long does the divorce process take?
At least 60 days:
The divorce process in Texas will take at least 60 days after the initial filing of the divorce suit. This is because Texas law mandates a 60-day waiting period, so a court may not grant a divorce before the 60th day after the date the suit was filed.
Exception if Family Violence is Found:
The waiting period is not necessary if the Respondent has been convicted or received deferred adjudication for an offense involving family violence against the Petitioner or a member of Petitioner’s household. Further, the waiting period is not necessary if the Petitioner has an active protective order against the Respondent under Title 4 or an active magistrate’s order for emergency protection based on family violence committed during the marriage.
So after 60 days (if no exceptions apply) I will be divorced?
That depends on the facts of your case. Unless the divorce is completely uncontested, everything is agreed upon between you and your spouse, and you just need an attorney to draft your divorce decree then your divorce could be finalized very shortly after the 60-day waiting period. However, most divorce cases aren’t so simple.
Specific issues that must be addressed prior to getting a divorce relate to: property division, whether the parties have any separate property claims, whether the parties have any reimbursement claims, disputes over child custody, child support, and spousal support, whether any third party experts need to be retained such as counselors or financial tracing experts, and whether either party is requesting their spouse to do a drug test or have a psychological evaluation.
As you can imagine, the complexity of some of these issues require hearings and court orders, which will almost always delay your case. Further, if you are unsure of all the property you have acquired during the marriage or what you are entitled to, the discovery process for both you and your attorney to learn more about your marital estate can further delay your divorce.
Finally, divorces can be delayed depending upon the circumstances surrounding the divorce. For example, adulterous claims, abandonment, fraudulent spending, and abuse are just some of the reasons parties may desire a divorce. These claims will require specific evidence, such as photos, videos, receipts, bank records, witness testimony, and affidavits that could delay your divorce.
Hire An Attorney That Can Help!
Hiring an attorney with patience and empathy is extremely important to ensure that your goals are being met in your case. The attorneys at Grinke Stewart Family Law are here to help you navigate your divorce – no matter how quick or long it might take. Contact us at (469) 598-2001.
