The Factors that Affect the Finalization of a Divorce
Your marriage is over and you’re ready to move forward with your life. You’ve filed for divorce and been working with your attorney to move the process to completion. How long does it typically take to get a divorce in Texas? Which factors determine the amount of time it will take to resolve all your issues?
Contested vs. Uncontested Divorce—The Biggest Factor
Suppose you and your spouse both agree that the bonds of marriage are irretrievably broken and that your marriage has no future. Maybe you have no children and own little property. You won’t have to work out custody and visitation arrangements, agree to child or spousal support, or haggle over how marital property will be allocated. In such situations, there’s typically little to prevent your divorce from being finalized in a relatively short period of time. Such a situation is referred to as an “uncontested” divorce.
When no issues are in dispute, the only thing preventing you from immediately obtaining a divorce decree is the required 60-day-waiting period in Texas, which begins to run on the date your divorce petition is filed. A judge may not sign a divorce order inside the 60-day period. As a consequence, when your divorce is uncontested, you can typically expect to complete the process within 60-90 days of the date your proceedings began.
When there are matters upon which you cannot agree, though, the process can take much longer. The details of your case and nature of your disagreement will dictate how long it will be before your divorce can be finalized:
- If there are custody disputes, you may need to work with family counselors or turn to the court to find a solution. That will typically involve one or more hearings, as well as a period of time for gathering and evaluating evidence to support your claim.
- If you cannot agree on how to divide the marital property, you may need to have property valuations done, gather evidence to support certain proposed property settlements, and have multiple hearings to obtain rulings from the court.
When there are disagreements regarding custody, visitation, support, and the distribution of marital debts and assets, a divorce can take months or even years to complete.
What Other Factors Affect the Time It Takes To Finalize a Divorce in Texas?
In addition to basic disagreements related to custody, visitation, support, and property, other situations may delay the finalization of divorce proceedings:
- The complexity of your case—If there’s a lot of marital property or debt, or if one party is seeking spousal support or sole custody of minor children, the court will need more time to resolve the issues.
- An uncooperative party—The extent to which either party to the divorce becomes uncooperative will have a direct impact on how long it takes to obtain a final divorce decree.
- The court’s caseload—Occasionally, the finalization of a divorce may be delayed because of crowding on the court’s docket.
At Bailey & Galyen, we have aggressively protected the rights of women and men in divorce matters in Texas for more than 40 years. We have a comprehensive knowledge and understanding of the controversies that can arise in a divorce, from custody and visitation arrangements to child support, spousal support, and the division of marital debts and assets under Texas community property law. Contact us by email or call our offices. Our phones are answered 24 hours a day, seven days a week.
