Many Texas couples want a fast and easy divorce. Recently on our legal forum a user asked, “What is the fastest amount of time I can get a Texas divorce?”
Under the current Texas Family Code couples may be able to get a divorce within 61 days. Texas has a mandatory 60 day waiting period before couples can get divorce, and the 60 day waiting period begins the day a spouse files for the Texas divorce. This means the 61st day after a divorce petition is filed in Texas is the earliest date you can get divorced.
Most uncontested divorces for couples who have property can take three to six months. If, however, you have assets or children, be prepared to wait up to six to nine months to complete your Texas divorce. If you have property and children and you want to fight your spouse every step of the way- be prepared for the Texas divorce to take up to 18 months.
Why does Texas divorce take so long with children?
Nothing causes more emotional pain and disputes than trying to divorce with children. Even when parents have the best intentions couples will have to negotiate parenting plans, child support, health insurance, and other parental rights and duties. If either spouse has other emotional issues or psychological issues, such as addiction, which could necessitate intervention by the state, be prepared to wait even longer.
Property and a Texas divorce
Most lawyers will tell you the more property and assets you have the longer it will take to finalize your divorce. Couples who are willing to negotiate in good faith and allow transparency throughout the process can speed it up, but if either couple attempts to hide assets the process can be lengthened for all parties.
For instance, if one spouse is trying to hide assets the divorce lawyer will be forced to initiate discovery to attempt to uncover assets. Discovery is the formal process which allows an attorney to request documentation for all accounts, debts and tangible assets. Discovery can be lengthy, especially if either spouse attempts to commit fraud to hide assets, they intentionally spend community assets, or the assets are commingled. If any of the above exists, it could take up to six months to one year to separate assets.
What if we have property and children?
If a couple has assets, property, and children and they are willing to work together, they may be able to complete their divorce within six months. If one spouse fights the other at every step in the process and is not willing to negotiate, expect to wait nine months to 18 months for the divorce to be finalized.
Bottom line for a Texas Divorce
If you and your spouse can agree on every issue the divorce can be quick and you can avoid a trial. The more you and your spouse can agree on, the cheaper and faster the divorce process will be. If a judge has to decide issues, it can take months to finalize your divorce.
Latest posts by Beth (see all)
- Steps to ensure a prenuptial agreement is enforced - May 17, 2017
- Divorce options- I don’t want to fight it out in court. - May 10, 2017
- Establishing paternity so child will get SSDI auxiliary benefits? - May 3, 2017