Divorce can often feel like a long and exhausting process. While some delays in the process are unavoidable, many divorces take longer than necessary because of preventable mistakes, unresolved disputes, or basic procedural issues. If you are considering getting a divorce in Austin, understanding how the process works (and what causes delays) can help you move forward more efficiently.
In Texas, there is a mandatory 60-day waiting period after a Petition for Divorce is filed before a court can finalize a divorce. Beyond this mandatory “cooling off” period, there are some strategies that you can employ to resolve your divorce case as quickly as possible. With the help of an Austin divorce attorney, you can complete your divorce and move forward with your life sooner.
The Law Office of Jason Wright represents clients throughout the greater Austin area in divorce cases, including complex divorces. While not every divorce can be finalized in 2 months, it is often possible to get divorced more quickly with the help of certain strategies. Reach out to our law firm today to set up a consultation with an Austin family law attorney.
Understanding the Texas Divorce Timeline
Before digging into ways to speed up your divorce, it is helpful to understand the basic divorce timeline in Texas. Every divorce case follows a similar structure, although the details will vary considerably:
- File the Original Petition for Divorce
- Serve the other spouse with legal notice
- File a response or waiver
- Negotiations and/or mediation
- Draft and sign the Final Decree of Divorce
- Court approval and finalization
Of course, in contested cases, there may be another step: going to trial before the divorce decree is issued. Because this post addresses ways to speed up your divorce, it won’t get into the trial process.
Even in uncontested cases, the court cannot grant a divorce until 60 days have passed since the divorce petition was filed (except for certain situations, such as cases involving family violence with protective orders). Most uncontested divorces take between 2 and 6 months to complete when both parties cooperate, and paperwork is handled efficiently. Contested divorce cases involving disputes over property, custody, and finances can take a year or longer to resolve.
How to Speed Up Your Texas Divorce
While getting divorced can take time, there are strategies that you can use to make it go as quickly as possible. If you want to get from Point A (married) to Point B (divorced) fast, this guide can be a useful place to start.
Of course, there are situations where the timeline of your divorce cannot be rushed, no matter what strategies you employ. High-conflict and more complicated divorces often take longer. If you are in such a situation, our Austin divorce attorneys can talk you through how to best protect your financial and legal rights (which may not involve trying to get divorced as quickly as possible).
Prepare Financial Documents Early
One of the most common sources of divorce delays is missing financial information. Texas divorces typically require detailed documentation regarding income and employment, bank accounts, retirement accounts, real estate holdings, business interests, debts, and liabilities. If these documents are not available when negotiations begin, attorneys may need to conduct formal discovery to learn more about assets and debts, which can significantly extend the timeline of your divorce.
While you are not required to have your financial documents together before filing, it can be helpful because it allows both parties to negotiate more efficiently. Gathering documents like tax returns, paystubs, credit card balances, investment account balances, and mortgage statements can help to avoid disputes and delays later in the process.
File the Divorce Petition As Soon As You Are Ready
The first step towards finalizing a Texas divorce is finalizing the petition. Because Texas requires a 60-day waiting period, filing the petition immediately starts that proverbial clock, getting you one step closer to finalization.
In many cases, couples spend weeks or months discussing divorce before anyone actually files the paperwork. This delay postpones the start of the waiting period. If you are confident that divorce is the right decision, then consulting with a seasoned Austin divorce lawyer and filing promptly can prevent unnecessary delays.
Make Sure That Your Spouse Is Served Quickly
After filing the petition, you have to make sure that your spouse receives official notice (service of process). Delays in service can slow down the entire case because your soon-to-be ex must be served before the case can proceed. To avoid delays, consider a waiver of service if your spouse is cooperative. Otherwise, use a professional process server to make sure that it is done correctly.
Aim for an Uncontested Divorce
One of the best ways to get a fast divorce in Texas is to resolve all major issues with your spouse before litigation begins. This is known as an uncontested divorce. When couples agree on all issues (like property division, child custody arrangements, child support, and spousal support), the court’s involvement is minimal. With an agreement in place, you can potentially get divorced shortly after the 60-day waiting period expires. Without an agreement on all issues or items, it’s not possible to finalize your divorce inside of the 60-day cooling off period.
Use Mediation to Resolve Disputes
Mediation is a form of alternative dispute resolution where a neutral third party (mediator) helps spouses negotiate settlement terms. The goal is to resolve disputes without going to trial. Mediation can dramatically speed up a divorce because it focuses on a cooperative approach, with both parties working together to achieve practical solutions. If a settlement agreement is reached during mediation, the next steps (drafting and getting the final divorce decree approved) can happen relatively quickly.
Respond Promptly to Requests
Divorce cases involve a significant amount of paperwork, from financial disclosures to settlement proposals to parenting plans. One of the most common reasons why many divorce cases stall is that paperwork is not completed or returned on time. To keep your divorce moving forward, respond to your attorney’s requests quickly, review documents promptly, and provide missing information as soon as possible. Even small delays (like waiting a few weeks to sign paperwork) can push the finalization date further out, so it is in your best interests to be diligent.
Work with an Experienced Austin Divorce Lawyer
Perhaps the single most effective way to avoid delays is to work with a knowledgeable divorce attorney who understands the Texas family court system. An experienced Austin divorce attorney can make sure that the paperwork is filed correctly the first time, coordinate mediation and negotiations, guide you through procedural requirements, and anticipate potential disputes before they escalate. In these ways, your lawyer can often help you get divorced far more quickly.
Family court processes can be complex. Even minor mistakes in legal filings can cause significant delays. Having professional guidance can help to ensure that your case moves forward as smoothly as possible.
Contemplating Divorce? Reach Out to Talk to an Austin Divorce Lawyer.
When most people decide to get divorced, they are done and ready to move forward with their lives. While it isn’t possible in every case, you may be able to speed up your divorce process by properly preparing, being diligent about paperwork, and being open to compromise. Having legal representation can also be incredibly helpful if you and your spouse want to get your divorce finalized as fast as possible.
At the Law Office of Jason Wright, we know that our clients often want to resolve their divorces sooner rather than later. While a 60-day divorce isn’t always possible, if that is your goal, we will work with you to make it happen. We can also offer you insight and suggestions to make sure that the divorce proceeds smoothly on your end as well. 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.