Divorce is a significant change in anyone’s life, and for those residing in Texas, understanding the duration and process of this legal process is critical. The Lone Star State’s unique legal requirements, like a mandatory waiting period, play a significant role in the timeline of divorce cases, allowing couples a period of reflection and providing an opportunity for reconciliation.
While some may view this waiting period as a mere hurdle, it serves a purpose in Texas law and can affect the divorce timeline. Knowing the factors affecting your timeline is key to preparing yourself for what is ahead, whether you are contemplating a divorce or already in the middle of one. From the complexity of your case to the level of cooperation between spouses and the court schedules, multiple variables come into play, each potentially altering the path and duration of your divorce.
Complexity of the Case
The complexity of your case plays an integral role in determining how long a divorce takes in Texas. It will likely prolong the process if your case involves numerous assets, debts, or child custody issues.
Additionally, if there are disputes between you and your spouse, it will take longer to reach a settlement agreement. As you read on, remember that each divorce is unique, and the information provided should serve as a general guide rather than a definitive timeline of what to expect in your situation.
Uncontested vs. Contested Divorce
An uncontested divorce, in which both parties agree on all issues surrounding their separation, usually takes less time than a contested one.
In an uncontested divorce, the couple has already decided on issues such as property division, child custody, and support. In contrast, in a contested divorce, the couple cannot agree on one or more of these issues. As a result, it may take longer to finalize the process as the court needs to intervene and make decisions for them.
Minimum Waiting Period
Texas has a mandatory 60-day waiting period for all divorces, starting from the filing of the petition.
However, even in the most straightforward cases, finalization of a divorce cannot occur before this period expires. It’s important to note that this waiting period can only begin after at least one spouse receives the divorce papers.
Why Have a 60-Day Waiting Period?
This waiting period allows couples the opportunity to reconcile or reconsider their decision. It is a cooling-off period that encourages the spouses to consider their choices. It can be a valuable time for them to seek counseling or mediation.
However, there are exceptions to the waiting period’s length. For instance, the waiting period may change if domestic violence occurs. In such cases, the 60-day period may shorten or be waived entirely. In addition, an active military member may have different rules, such as stays of proceedings.
If one of the spouses is on active duty in the military and stationed away from home, the Servicemembers Civil Relief Act (SCRA) may allow for a delay in the divorce proceedings. While this doesn’t necessarily shorten the waiting period, it can affect the overall timeline if the military service member’s duties make participating in the divorce process challenging.
Serving Divorce Papers
For the 60-day waiting period to begin, one spouse must serve the other with divorce papers. Service occurs in person or by mail; the non-filing spouse has a set time frame to respond after receiving the papers.
How to Ensure the Divorce Papers Are Filed Correctly
To ensure that the divorce papers are properly filed, follow these steps:
- Confirm residency: At least one spouse must have lived in Texas for at least six months before filing. This confirmation is mandatory. Another requirement is one spouse lived in the district for at least 90 days before filing papers there.
- Obtain the correct forms: Access forms through the Texas Judicial Branch website or by visiting your local county clerk’s office. There are several forms to choose from:
- Uncontested, with no minor children and no real property
- No children
- Children under 18
- Children with a final custody order
- Complete the forms: Fill out the necessary forms with accurate information, including grounds for divorce and any arrangements regarding children, property, and finances.
- File the petition: Submit the completed forms to the appropriate district clerk’s office and pay the filing fee. The divorce can also be e-filed. This eliminates having paper copies. The website will help you create your forms. If you cannot afford the filing fee, you can request a fee waiver by filing an Affidavit of Inability to Pay Court Costs. Additionally, you can ask that the court provide temporary orders for financial support, either child or spousal support.
- Provide legal notice: After filing, you must notify your spouse by having them served with a copy of the divorce papers. There are several ways to do this:
- You can have a constable, sheriff, or court-authorized third party hand deliver the papers to the spouse’s work, home, or another location.
- The court clerk can send the papers by certified mail – return receipt requested.
- You can post a notice in the newspaper or at the local courthouse if the spouse’s location is unknown.
Responding to the Divorce Notice
The spouse served with a notice of divorce must respond within a specific deadline. If this deadline is not met, it can result in a default judgment.
- Wait for the response: Your spouse has an allotted time to file an answer to your petition. Texas has specific rules about this. For instance, the person served with the divorce papers in person or by certified mail must count 20 days from receiving the documents and go to the following Monday. Specifically, you must answer the petition by 10:00 a.m. on or before this day. The deadline is the next day on non-court days.
- Waiver of service: In some cases, a person does not want to avoid receiving divorce papers, relieving the divorcing spouse from serving the paperwork for the divorce. The person who requests the waiver of service has the same rights as anyone else in the divorce process.
- Global waiver of service: There is also a global waiver of service. This differs from a specific waiver as described above. In a global waiver, you lose the right to have a say in your divorce or learn anything else about the proceeding. This can undermine your case, particularly if you have children or property. Since the divorcing spouse makes all the decisions in this situation, you will have little say in them or even know what happens until the finalization of the divorce. It is essential to discuss signing a waiver with your attorney beforehand.
- Finalize the divorce: After the waiting period, when a couple reaches an agreement or receives or one party obtains a default judgment, you will attend the final hearing and provide all required documents to complete the divorce process.
Mediation and Settlement
Texas requires couples to go through mediation before proceeding to a trial if they cannot reach an agreement independently. This process can take anywhere from a few weeks to several months, depending on the complexity of the case and the availability of both parties and the mediator.
If mediation results in an agreement, a judge must approve it before finalizing the divorce. The case will proceed to trial if the couple cannot reach an agreement.
Trial
If a divorce case goes to trial, the final decision can take several months or even years. The trial length will depend on the case’s complexity and whether the court needs to resolve any disputes. Once a judgment is made, both parties have a set time frame to appeal the decision.
Finalizing the Divorce
The finalized divorce occurs once all issues have resolved, either through mediation or trial, and the mandatory waiting period has expired.
This usually involves signing a final divorce decree and having it approved by a judge.
What Is the Average Time to Obtain a Divorce in Texas?
The average timeframe to finalize a divorce in Texas ranges from 60 days to several months. However, the total time needed can extend significantly depending on the level of agreement between the parties, and the court’s schedule and workload.
Disputes over assets, custody, or other contentious issues can cause the process to take longer, sometimes up to a year or more, for particularly complicated cases.
How Can I Speed Up the Divorce Process in Texas?
Speeding up the divorce process in Texas can be challenging, as some aspects are subject to legal requirements and court procedures.
However, there are steps you can take to help facilitate a faster resolution:
- Mutual agreement: The quickest way to expedite a divorce is for both spouses to agree on all issues, including property division, child custody, visitation, and support. This agreement reduces the need for negotiations or court hearings.
- Uncontested divorce: If you and your spouse can reach a consensus on all matters, consider pursuing an uncontested divorce. Uncontested divorces generally move through the system more swiftly.
- Hire an experienced attorney: Enlist the services of an experienced divorce attorney who is well-versed in Texas divorce laws. They can guide you through the process efficiently, ensure all necessary paperwork is correct, and help negotiate favorable terms.
- Complete required documentation: Ensure that all necessary divorce documents are accurately and promptly filed. Any delays in paperwork can slow down the process.
- Mediation: Consider ramping up mediation to resolve disputes. A qualified mediator can help both parties find common ground and reach agreements faster than litigation.
- Stay organized: Keep all financial records, documentation, and communication related to your divorce organized and readily accessible. This organization will help your attorney and the court process your case more efficiently.
- Attend required classes: Some counties may require divorcing parents to attend parenting classes in Texas. Completing these classes as soon as possible can prevent delays in child custody matters.
- Respond promptly: If you receive court notices, legal documents, or requests from your attorney, respond promptly to avoid unnecessary delays.
- Utilize alternative dispute resolution: Explore alternative dispute resolution methods, such as collaborative divorce or arbitration, to resolve issues outside of court and reduce litigation time.
- Keep lines of communication open: Maintain open communication with your attorney to ensure they know your goals and concerns, allowing them to work effectively on your behalf.
- Understand local procedures: Familiarize yourself with the specific procedures and requirements of the county where you are filing for divorce. Different counties may have varying processes and timelines.
- Consider temporary orders: In cases that require immediate decisions regarding child custody, support, or spousal maintenance, seek temporary orders from the court to expedite resolution while the divorce is pending.
Why Does the Presence of Children Prolong the Divorce Duration in Texas?
The presence of children in a marriage naturally complicates the divorce process due to the additional considerations of custody, child support, and visitation rights. In Texas, as in many states, the courts operate with the child’s best interest as the guiding principle. This arrangement often necessitates a more thorough and sometimes difficult negotiation between the separating parties.
Determining appropriate living arrangements, financial support, and how to best maintain a stable environment for the children can lead to disagreements that prolong the legal proceedings. Additionally, the state may require parenting classes or intervention programs, which can add time before the issuance of a divorce decree.
Hiring an Experienced Divorce Lawyer
Hiring an experienced divorce attorney is a crucial step in moving through the complex and emotionally charged divorce process. There are several critical advantages to enlisting the services of a qualified divorce attorney in Texas:
First and foremost, a skilled divorce attorney brings a wealth of knowledge and expertise. They are well-versed in the intricacies of Texas divorce laws, including property division, child custody, spousal support, and more. This familiarity with the legal framework allows them to provide invaluable guidance and help protect your rights and interests throughout the divorce proceedings.
One of the most significant roles of a divorce attorney is to expedite the divorce process. They can help streamline the proceedings by efficiently handling paperwork, negotiations, and court appearances. By having an advocate who understands the legal requirements and timelines, you can avoid common pitfalls that might otherwise cause delays in your case.
Furthermore, an attorney can help mediate and negotiate between you and your spouse, facilitating productive discussions and helping you reach agreements on critical issues. This assistance can be particularly advantageous regarding matters like child custody, visitation schedules, and property division. By working toward amicable solutions, an attorney can help you avoid protracted courtroom battles, which can significantly prolong divorce.
In addition to their legal expertise and negotiation skills, a Texas divorce lawyer can provide emotional support during this challenging time. They can offer a clear perspective, ensuring that decisions cover your best interests and the long-term implications they may have.
Warren & Migliaccio, L.L.P
If you are facing divorce proceedings or have questions about the process, schedule a free case review with one of our experienced Texas divorce attorneys. You can reach us at (888) 584-9614. We are here to offer compassionate service and help you structure a divorce that works. Our attorneys are available when you need them to answer your questions in a challenging time.
