How Long Does It Take To Get a Divorce in Texas?

If you are considering filing for divorce, one of the questions undoubtedly going through your head is how long the process will take. No universal answer exists for how long it takes to get a divorce in Texas. Depending on the type of divorce you are seeking and your ability to come to an agreement with your ex, your divorce could take anywhere from a few months to a few years.

There are two main types of divorce in Texas: contested and uncontested (“agreed”) divorces. While some uncontested divorces can happen in as little as 60 days, if there are disputed issues involving child custody or support, spousal maintenance, and property division, obtaining a divorce will take longer. An Austin divorce lawyer can provide you with a reasonable estimate based on your specific situation.

At the Law Office of Jason Wright, we represent clients in Texas family law matters, including divorce. Our goal is to help you get the best possible outcome for your divorce case, whether that means coming to an agreement and finalizing a divorce or taking your case to trial to protect your interests. Reach out to our law firm today to schedule a consultation with an Austin divorce attorney.

The “Cooling Off” Period in Texas

When discussing how long it takes to get a divorce in Texas, the best place to start is with the state’s “cooling off” period. Under state law, a court cannot enter a divorce decree until 60 days have passed from when the divorce petition was filed. Theoretically, the least amount of time it can take to get divorced in Texas is 61 days. 

A “quick” divorce is most likely when the spouses agree on all the major issues (property division, spousal support/alimony, and child custody and support). This is known as an uncontested divorce. However, even an uncontested divorce can take three to four months to finalize due to the court’s docket and the schedules of all the parties involved.

This statutorily-mandated waiting period means that it will always take at least 2 months to finalize your divorce, and that is only possible if you and your soon-to-be ex can agree about everything. Our Austin divorce attorneys can help you understand how long it will likely take for you to get divorced based on the specific facts of your case.

What Is an Uncontested Divorce?

There are two basic types of divorce in Texas: contested and uncontested. As the names imply, the difference between the two divorce types is whether or not you and your ex can agree on the issues in your divorce.

If you and your spouse agree it is time to get a divorce, you may be able to file for an uncontested divorce. In Texas, an uncontested divorce is one in which:

• The parties agree on the reason for the divorce;
• The parties agree to end the marriage;
• The couple does not have minor children or can agree on child support and child custody;
• Neither spouse is going through a bankruptcy proceeding;
• The couple agrees to the distribution of property; and
• Neither spouse is seeking spousal maintenance, or the parties agree on the amount of spousal maintenance.

Essentially, an uncontested divorce is one in which the parties are not asking the judge to resolve any issues that normally must be decided in a divorce. Not surprisingly, these are the easiest, quickest, and least expensive divorces. However, if there are any issues that you and your spouse disagree on, the process will take longer.

Keep in mind that even if you and your spouse can agree on the issues in your divorce, the court must still review and approve your marital settlement agreement. If the judge doesn’t approve your agreement, it could take longer to get your divorce finalized.

What Makes Getting a Texas Divorce Take Longer?

Uncontested divorces work well for couples who can agree on everything. However, because divorce often involves two spouses who cannot agree, uncontested divorces are not always possible. When disagreements arise, it will take longer to finalize a divorce because you will need to come to a mutually agreeable compromise with your spouse or ask the court to sort out these issues.

Common situations that may lead to a longer divorce include:

• Couples who own a business together may find that their divorce takes more time to complete. It often takes longer to value the business and determine how the business and/or its assets should be divided in a divorce. 
• When couples have minor children, they may have difficulty coming to an agreement on child custody and support. Many parents do not want to give up time with their kids, so custody can be a big point of contention that makes it harder to finalize a divorce quickly.
• Couples who own significant assets may find that it takes longer to complete a divorce. High-net-worth divorces are often more complex and take more time to finalize.
• Long-term marriages can take longer to dissolve simply because the couple’s finances are so entwined.
• Divorces involving one-income households are often more involved because there is a question of spousal support and how the stay-at-home spouse will be financially supported after the divorce.
• Fault-based divorces often take far longer to complete because one party must introduce evidence of wrongdoing (such as adultery or cruelty). It is unusual for the spouse accused of misconduct to admit that they acted badly, particularly because Texas courts will consider fault when determining property division. This can lead to lengthy and expensive litigation, particularly compared to no-fault divorce (where neither party has to prove that the other side did something wrong).
• Whenever there are allegations of domestic violence, the divorce will typically take longer to conclude. There are many reasons why this occurs, including that some abusive partners will use the legal system as a way to control their ex.  For example, an abusive spouse may refuse to agree to something, even though Texas law does not support their position, as a way of dragging out the divorce.

Unfortunately, the length of time that it takes to get a divorce isn’t always within your control. Even if none of the above issues are present in your case, if your spouse has a high-conflict personality, it can be difficult to resolve a divorce amicably. If your case goes to trial, rather than being resolved through an agreement, then it will take a lot longer to finalize the divorce.

Just because you and your spouse cannot initially agree on certain issues does not automatically mean you are destined for a lengthy divorce. Mediation is one option many couples use to sort out their differences. Mediation is a process in which both spouses and their attorneys meet with a neutral third party to work out the details of their divorce. The mediators used in family law cases are typically experienced family law attorneys who help the parties develop a solution that both sides can agree to.

If the mediator can come up with a compromise everyone agrees to, they will put it in writing. From there, your attorney will work with your spouse’s attorney to draft the final decree of divorce.

Mediation is used to avoid having a judge decide your family’s fate at trial. If an agreement is reached in mediation, it is absolutely binding. Unlike a trial, the mediation process allows each spouse to have a say in the outcome. Travis County requires couples to attempt mediation if a divorce hearing is expected to take longer than four hours. Of course, mediation works best when you and your spouse can work together on some level.

In addition to mediation, having a skilled Austin divorce attorney representing you can often make the process less contentious, which can help you get divorced more quickly. When the parties understand their rights and the potential outcome of a trial, it can often make it easier for them to come to an agreement. At the same time, communicating through lawyers can also ease some of the friction (and fighting) that divorcing couples often experience.

At the Law Office of Jason Wright, we listen to our clients’ stories, inquire about their priorities in a divorce, and then offer strategic legal advice to meet their goals. For example, you might have evidence that your spouse cheated on you, but if your main concern is getting divorced quickly, then we might advise you to pursue a no-fault divorce. Our individualized approach ensures that each of our clients gets legal representation that meets their needs and protects their interests in a divorce.

Developing a strategy for how to handle a particular divorce is critical to helping our clients achieve the best possible outcome. Long, drawn-out divorce proceedings rarely benefit either party, so understanding how to deal with difficult situations (and personalities) is key. Of course, when necessary, we will take a divorce case to trial to advocate for our clients.

Contact an Experienced Austin Divorce Lawyer for Immediate Assistance

The length of time that it takes to get divorced in Texas truly comes down to the facts of your case. If you and your spouse agree that your marriage is over and can work together, then you could be divorced in a matter of months. If you have a more contentious relationship, then it could take a year or longer to get divorced.

If you are contemplating filing for divorce and want to understand your options and get an assessment on how long the process might take, reach out to the Law Office of Jason Wright. Attorney Wright is a dedicated Travis County family law attorney with significant experience helping clients. 

If an uncontested divorce does not seem likely given your situation, he can work with you through the mediation process in hopes of avoiding a long, drawn-out divorce. Attorney Wright takes a practical approach to divorce, focusing on the crucial issues for his clients, including the length of time it takes to finalize the divorce. To learn more and schedule a consultation, contact the Law Office of Jason Wright at 512-706-9662 today. You can also reach the firm through its online contact form.