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How Long Does it Take to Get a Divorce in Texas?

How Long Does it Take to Get a Divorce in Texas?

Starting the divorce process can feel overwhelming, and for many, they just want it over with as soon as possible. In Texas, the law states that the minimum time the process can take is 60 days. However, the timeline will largely depend on whether your divorce is contested on uncontested. There are two legal exceptions to the 60-day waiting period:

  • If your spouse has been convicted of a crime that involved violence against your or another family member
  • If you have an active and legal protective order against your spouse due to domestic violence during your marriage

The Uncontested Divorce Timeline

For couples that are able to resolve their issues and agree to all the terms of their divorce without needing the court to get involved, they can file for an uncontested divorce. In this situation, the process is often less timely and more cost-efficient. These issues may involve custody of minor children, spousal support arrangements, and division of property.

After you and your spouse have agreed to all the terms of your divorce, you will need to legalize it by filing the paperwork. Once this is done, the decision will be entered immediately without any waiting period. Depending on how backed up the court is and the judge's availability, this process could take anywhere from 4-6 weeks.

As mentioned, the waiting period for a divorce in Texas is approximately 60 days. There are only two exceptions to this rule that would hold up in court:

  • If your spouse has been convicted of a crime that involved family violence against you or another member of your household
  • If you have an active and legal protective order against your spouse due to domestic violence charges

The Contested Divorce Timeline

Unfortunately, not every couple is going to agree on all the terms of their divorce. When this happens, the couple will file a contested divorce. This means the case will go to court, and a judge will make the decisions for them.

To begin the process of filing for an uncontested divorce, you will need to file the petition for divorce with your local courthouse. When you do this, you will need to state the reason for your divorce, also known as the grounds for divorce, and list any requests you have regarding divorce matters.

At this point, your spouse will be served papers that notify them of the divorce, and they have the option to respond or disagree to your requests. Depending on how they respond to the divorce papers, you will likely have to negotiate back and forth with your spouse — an often lengthy and contentious process.

Negotiating your divorce in court can take anywhere from six months to a year, and in some cases — even longer. The divorce cannot be finalized until you and your spouse resolve all of the issues in your divorce agreement.

Seek Legal Counsel Today

Whether you are going through an uncontested or contested divorce, it's important to have a San Antonio divorce lawyer represent your case. At The Law Office of Rebecca J. Carrillo, our team will work diligently to achieve an efficient and successful outcome while protecting your rights.

Ready to move forward with your life? Call our skilled team of family law associates today at (210) 405-6623 to book a consultation.

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