As a family law attorney here in Texas, patience is something I have to repeatedly preach to my clients. This is especially true with regard to completing a divorce. Clients like Russ think that as soon as they sign the final papers, they are legally divorced, and they’ll be finished with it forever. That’s why I like to make sure they understand how the process really works as soon as possible.
“Chris, I’ve got good news,” Russ said. “Becca and I agree on almost everything about the divorce. I think once we resolve one issue, we’ll draw up a marital settlement agreement and finish this in days.”
“That’s great, Russ. But let’s slow down. Patience is important. There’s a required 60-day waiting period before a judge can grant a divorce in Texas,” I reminded him.
“What’s the point of that waiting period?” he asked. “Wouldn’t the state want people to move on ASAP?”
“Texas divorce law prioritizes families,” I explained. “The waiting period ensures that divorce isn’t rushed and that all options are considered.”
“Okay, I get that,” Russ said, “but I’ve thought this through. I just want it done as soon as possible.”
“I hear you, Russ,” I said, “but let me walk you through the factors affecting how soon your divorce can be official. I’ll also outline the steps you’ll need to complete.”
“Fine,” Russ said, “but let’s make it quick. Just the bullet points.”
Divorce in Texas takes time, and many clients, like Russ, wonder how long it takes after signing papers for their divorce to be final. Understanding the timeline and legal steps can help you prepare for the process and manage your expectations.
Understanding Your Divorce Papers and Final Decree
You’ll encounter several important documents when you’re going through the divorce process. The most important is your divorce decree – the court issued document that officially ends your marriage. This decree of divorce doesn’t just end your marriage; it’s a comprehensive document that covers:
- All terms of the divorce, including how you’ll handle:
- Division of marital property and real estate
- Child custody arrangements and parenting time
- Child support obligations
- Spousal support or alimony (if applicable)
- Health insurance and other benefits
Remember: Just signing divorce papers yourself doesn’t mean your divorce is final. A family court judge must review and approve your divorce settlement agreement and sign the final divorce decree.
The Texas Divorce Timeline: What to Expect
In Texas, there’s a mandatory 60-day waiting period after the date the suit was filed before the court may grant a divorce. Here’s how the timeline typically works:
- Initial Filing Phase:
- File divorce papers with the family court
- Pay the required filing fee
- Serve papers to your ex-spouse (the respondent) or obtain a waiver
- Waiting Period:
- Mandatory 60-day waiting period begins
- Even in an uncontested divorce where your spouse agrees to everything, this waiting period applies
- The fastest possible timeline is 61 days from filing
- Court Processing:
- After the waiting period, your case needs court approval
- A court hearing may be required
- The judge reviews and signs the decree
- The court clerk enters it into official records
Factors That Can Affect Your Timeline
Several elements can influence how long your divorce case takes:
Type of Divorce
- Uncontested Divorce (Faster):
- Both parties agree on all terms
- May only need administrative processing
- Could be final shortly after the 60-day waiting period
- Contested Divorce (Longer):
- Requires court hearings
- May need depositions
- Might involve temporary orders
- Could require a divorce trial
- Property division disputes can extend timeline
- Child custody disagreements need resolution
Administrative Factors
- Court-related:
- Current court backlog
- Judge’s availability
- Time for document processing
- Family court schedule
- Legal service procedures
Steps After Signing Your Divorce Papers
What happens after you sign your final decree isn’t always clear. Here’s the process:
- Document Handling:
- Your divorce attorney or legal team submits papers to court
- Court clerk processes the paperwork
- Judge reviews the documents
- Final Steps:
- Judge signs final judgment of divorce
- Court clerk records the decree
- You receive your official divorce decree
Modifying Your Divorce Decree Later
Sometimes, you might need to change your decree after it’s final. A divorce decree can be modified when circumstances change significantly such as:
- Common Reasons for Modification:
- Job loss or income changes
- Relocation needs
- Changes affecting minor children and child custody
- Health insurance changes
- Support payment adjustments
Texas had a legal process in place to implement modifications to a divorce decree.
- Modification Process:
- File a motion with the family court
- Submit an affidavit explaining changes
- Attend any required court hearing
- Get a new court order
Frequently Asked Questions About How Long After Divorce Papers Are Signed Is It Final
What happens right after signing divorce papers?
After you sign your paperwork, it goes to the court for review. You’ll still need to wait through the 60-day period and get the judge’s approval before your divorce is final.
How can I confirm my divorce is final?
Get a certified copy of your recorded divorce decree from the court clerk. This is your proof that the divorce is legally final and part of the official court records.
Can I date after signing divorce papers but before finalization?
While there’s no legal restriction on dating, it’s wise to consult your divorce attorney about how dating might affect your case, especially with ongoing child custody or property division issues.
How long are signatures valid on divorce papers?
While signatures don’t automatically expire, it’s best to process everything promptly. Significant delays might require updated paperwork or new signatures.
Working with a Family Law Attorney
Having a family law attorney can be a big help:
- Benefits of Legal Representation:
- Get expert legal advice
- Ensure proper filing of all documents
- Navigate court procedures effectively
- Protect your rights throughout the process
- Handle any legal questions that arise
Conclusion
Understanding the timeline for finalizing your divorce in Texas helps set realistic expectations. While the minimum waiting period is 60 days, various factors can extend this amount of time. Whether you have a straightforward uncontested divorce, or face more complex factors, knowing the process helps you prepare for each step.
Remember to keep copies of all important documents, stay in touch with your divorce attorney, and be patient with the legal process. If you need to modify your decree later, work with a legal professional to ensure the changes are properly documented and approved by the court.
This information serves as a general guide to the Texas divorce process. For specific advice about your situation, consult with a qualified divorce lawyer who can address your unique circumstances.
Now Russ Accepts that he Needs to be Patient
“Chris, you got me thinking, maybe this won’t go as fast as I had hoped,” Russ said.
“Russ it is my job to supply you with the realities of the situation. What specifically are you now rethinking?” I asked.
“Chris, when I said we agree on almost everything, almost means not actually everything. We still have some disagreements about the kids,” he told me. “I don’t want this to be a contested divorce because I understand that will slow things down, but I can’t rule it out.”
“Then we shouldn’t rule it out Russ,” I told him. “Getting it right is more important than getting it over with quickly. And with kids involved, many people don’t feel as if it is ever fully over.”
“Hum, that’s the other thing you explained that’s gnawing at me. The modification thing. Just because the judge makes our divorce official, doesn’t mean changes in our lives won’t call for modifications,” he realized. “Especially if I move back home to take care of my parents in Michigan.”
Why Taking It Slow Can Lead to Better Outcomes
“That’s right Russ, relocation can call for modifications to the divorce decree. Your move could impact your custody arrangement. It might never feel final while you are co-parenting the kids and devising parenting plan,” I explained. “I think you need to think of this as a gradual step-by-step process, rather than racing to have something end and feel over the way you are hoping.”
“Maybe I should slow down,” he said. “I’m not good at being patient, Becca will tell you that, but in this case, I think I better start learning to be patient. It is a virtue, right?”
“It is, and especially valuable in this kind of situation when some things are out of your control,” I told him. “But efficiency can be a virtue too so let’s balance them. I’ll do everything I can to move your divorce along as smoothly as possible. I’ll ensure proper filing of all documents and keep up friendly communication with the court in the hope that nothing gets slowed down there.”
“Thanks for controlling what you can Chris. Now I understand, I should replace rushing with patience and reframe this process in my mind, from fast and over with, to right and liberating one step at a time,” Russ told me.
“I’m glad you’re accepting that patience can be your friend during this process,” I said.
Then we got down to talking about our strategy to move his divorce forward.
Schedule a Consultation With Our Firm to Find Out How Long You Have to Wait for Your Divorce to be Final in Texas
Wondering how long you have to wait after you sign your papers for your divorce to be final in Texas can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are wondering how long you have to wait for your divorce to be final, or navigating other divorce related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
