How Long Does a Divorce Take?
While a divorce in Texas may be resolved in as little as a few months, there are issues that can complicate your case.
For many couples, the decision to seek a divorce is made after long months or even years of trying to ‘work on’ their marriage. Once the decision to file a divorce petition is made, you may be eager to have it finalized so you can move on with your life. In some cases, you may be able to have your divorce granted in as little as a few months. However, there are some legal issues that may arise that can drag your divorce out for six months, a year, or longer.
Though it is likely to make your divorce case last longer before it is able to be finalized, under the Texas Family Code , couples can file for divorce under fault grounds, such as adultery, desertion, or habitual drunkenness, or they may file for a no-fault divorce on the basis of irreconcilable differences (called “insupportability” in Texas). If some or all of the following conditions apply in your case, you may be able to file for an uncontested divorce and expect it to be done comparatively quickly, i.e. at approximately 60-75 days from filing:
● The couple has no children under the age of 18;
● They own no property together;
● There are no retirement benefits to divide;
● Neither party is seeking alimony;
● They are not currently involved in bankruptcy proceedings.
In situations where some or all of the above exist, the divorce can be finalized in as little as 61 days. This accounts for a ‘cooling’ off period in Texas, which requires a minimum 60 day wait before any divorce in the state can be finalized. If you are parents or own property or significant assets with your spouse, even if you agree to the terms it may take longer to resolve your divorce case simply due to the details for the final documents (which must be accurate or you can lose property or rights).
When divorce related issues need to be resolved, this requires that additional hearings and negotiations be held. You may have to wait to get your case placed on the Brazoria Family Court docket and may have trouble coordinating these and other dates with your spouse and their attorney. All of this can cause delays. The longest delays tend to involve the following:
● When one spouse refuses to accept the end of the marriage and refuses to cooperate with divorce related legal processes;
● When there are disputes over divorce grounds and accusations of marital misconduct against each party;
● When there are significant amounts of property and assets that are being disputed;
● If the divorce involves joint business owners, who must decide how to divide these assets;
● When one spouse is entitled to alimony but the other refuses to pay;
● When there are issues with child custody, visitation, and child support arrangements.
At John Powell III, P.C.,
we have more than 20 years experience representing clients in divorce
proceedings. We can help resolve conflicts so that you can obtain a final
divorce order in the least amount of time possible. To privately discuss
the issues involved in your particular case, call or
contact our Pearland divorce attorney
online and request a consultation today.