If you have just been served with divorce papers in Texas, one of your first questions may be how long it will take to finalize your divorce. The answer depends heavily on whether your divorce is contested or uncontested. An uncontested divorce can often move through the court system quickly when the spouses agree on all significant issues.
A contested divorce is different. When spouses cannot agree about property, finances, child custody, support, or ANY issues, only a court can decide for the parties. This means that the case could involve temporary orders, discovery, expert evaluations, mediation, multiple hearings, and ultimately a trial. In Austin and the surrounding areas, a contested divorce can take 8 to 12 months or longer to finalize, depending on the complexity of the case, the court’s schedule, the number of disputes involved, and whether the parties are willing to negotiate.
The Law Office of Jason Wright offers strategic legal representation to clients throughout the divorce process. We take a practical approach to divorce, understanding that working out an agreement with your soon-to-be ex is often the most efficient and cost-effective way to get divorced. At the same time, we are prepared to go to court to protect your interests when necessary. Contact us today to schedule a case evaluation with an Austin divorce attorney.
Why Does a Contested Divorce Take Longer in Texas?
In Texas, a court cannot issue a final divorce decree until at least 60 days after the initial petition was filed. This is called a “cooling off” period. While getting divorced after 60 days may seem appealing, the reality is that this is only possible in the rarest of uncontested divorce cases. An uncontested or “agreed” divorce is where both parties agree on all of the issues in the case. If you and your spouse disagree about one or more aspects of your divorce, then by definition your case is contested.
A contested divorce can take 8 to 12 months (or longer) to finalize. The biggest reason why contested divorces take longer is simple. The divorce cannot be finalized until either the spouses agree about all of the issues in their divorce or a court makes a decision for them after a trial. Common disputes in a Texas divorce may include:
- Child custody/conservatorship and parenting schedules
- Who gets to keep the marital home
- Division of retirement and investment accounts
- Valuation and division of business interests and other assets
- Assigning debt
- Spousal maintenance
- Child support
- Allegations of misconduct or financial wrongdoing
The more complicated the disagreement, the more work may be necessary before the court can make a final decision on the case. However, a contested divorce will not necessarily go to trial. In many cases, the parties eventually settle.
Settlement negotiations often occur after both sides have gathered information, evaluated their legal positions, and completed some or all of the formal litigation process. This process can take time, so it may take months or more than a year to ultimately reach a settlement.
A General Timeline for a Contested Texas Divorce
There is no guaranteed timeline for a contested divorce. However, there is a general timeline that all contested divorce cases follow.
For a relatively straightforward contested case, resolution may take several months. More complicated divorces, such as high net-worth divorces, can take 8 to 12months or longer to resolve. Beyond the facts of the case, the court’s docket is another factor that impacts the length of time that it takes to finalize a divorce.
Below are the general stages that a contested divorce will progress through in Texas. Your Austin divorce lawyer can provide you with more specific information about what to expect at each step.
Step 1: Filing and Service of the Divorce Petition
A Texas divorce begins when one spouse files an Original Petition for Divorce. The other spouse must receive legal notice of the proceeding, usually through formal service. They then have an opportunity to respond by filing an answer.
Step 2: Temporary Orders
Many contested divorces require temporary orders. These orders establish rules that apply while the divorce is pending. They can address issues such as:
- Child custody & parenting time
- Who lives in the marital residence
- Temporary possession of property
- Payment of household expenses
- Temporary child support
- Temporary spousal support
- Use of vehicles
- Payment of debts
- Restrictions on selling or transferring property
A temporary orders hearing can happen relatively early in a case. However, preparing for a hearing can take significant time. Both attorneys may need to gather financial records, prepare evidence, interview witnesses, and develop arguments concerning the temporary arrangements.
Step 3: Discovery
Discovery is one of the biggest reasons a contested divorce can take considerably longer than an uncontested divorce. It is the formal process through which each side obtains information and evidence from the other party.
Depending on the circumstances, discovery can involve:
- Requests for disclosure
- Interrogatories
- Requests for production
- Requests for admission
- Subpoenas
- Depositions
Attorneys may need to issue formal discovery requests, review hundreds or thousands of pages of documents, hire experts, or conduct depositions. The more extensive the discovery, the longer the case may take.
Step 4: Experts
Some contested divorces require assistance from outside professionals. This may include:
- A business valuation expert
- A forensic accountant
- A financial advisor
- A real estate appraiser
- A vocational expert
- A child custody evaluator or other mental health professional
Experts need time to gather information, conduct their analysis, and prepare reports or testimony. When experts become involved in a Texas divorce, the case timeline can expand significantly.
Step 5: Negotiation and Mediation
A contested divorce does not mean that the spouses have stopped negotiating. In many cases, settlement discussions occur throughout the entire divorce process. Your Austin divorce lawyer may negotiate with the other side about any issue outstanding in the divorce, such as parenting schedules, property division, or spousal maintenance.
Negotiation can occur informally between attorneys or through more structured settlement discussions or mediation sessions. These discussions are often more productive when both sides have enough information to understand the value and risks of the case. For this reason, it may be more possible to resolve a case after the parties have engaged in discovery and other pre-trial preparations.
Just because a divorce is filed as contested does not mean that it must end in a trial. In fact, reaching a negotiated settlement can often save substantial time, expense, and emotional stress.
Step 6: Trial
If a case does not settle, it may eventually proceed to trial. However, filing for divorce does not automatically get a trial date whenever you are ready. Courts have busy dockets, so there is often a backlog of cases before your trial can be scheduled.
In addition, trial preparation can take weeks or months. Attorneys may need to review discovery, address evidentiary issues, organize financial evidence, finalize exhibits, prepare witnesses, draft opening and closing arguments, and prepare cross-examination. The more complicated the case, the more trial preparation may be required.
Can You Speed Up a Contested Divorce?
You cannot control the court’s docket. In Travis County and Williamson County, where courts handle a high volume of family law cases, it may simply take time to get a trial date. However, there are steps that you can take to avoid unnecessary delays. This may include:
- Gathering financial records early
- Responding promptly to discovery
- Identifying disputed issues and areas of potential compromise
- Avoiding unnecessary litigation
- Negotiating when appropriate
- Preparing thoroughly for mediation
- Following court deadlines
- Working with experts when necessary
- Having experienced counsel to represent you and manage the process
Of course, your ultimate goal in a divorce case is probably not to just finalize it as quickly as possible. The goal is to resolve the case efficiently without sacrificing your legal, parental, and financial interests. Rushing a complicated divorce can be just as harmful as unnecessarily delaying it.
Talk to an Austin Divorce Lawyer About Your Contested Divorce
There is no single answer to the question of how long a contested divorce takes in Texas. While some may resolve in just a few months, others may take 1 to 2 years to resolve, particularly when the case involves significant assets, disputed custody, extensive discovery, experts, multiple hearings, and/or a trial. Our law firm can help you navigate the process and get your divorce finalized efficiently while protecting your rights.
At the Law Office of Jason Wright, we understand that when you make the decision to get divorced, you’d probably like to get it finalized sooner rather than later. We work with our clients to help them understand how Texas law applies to their case so that they can make more informed decisions about when and how to compromise. Although each case is unique, this can often lead to a shorter divorce timeline. To learn more or to schedule a consultation with an Austin divorce lawyer, give us a call at 512-706-9662 or fill out our online contact form.