How Long Do I Have To Wait Until I Can Begin My Divorce Proceedings?

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You may want a quick and clean break from your spouse when filing for divorce. If you are filing for an uncontested divorce, your divorce period will be exponentially shorter than going to litigation, but exactly how short will it be?

The 60-Day Waiting Period

Texas has a 60-day waiting period from filing to finalization when filing for divorce, so the earliest you could get divorced is 61 days from your filing date.

Uncontested Divorce

If you are filing for an uncontested divorce, the 61-day divorce is much more likely, but it also could take longer than 61 days depending on the date you are scheduled for your final court hearing with the judge.

Contested Divorce

If you are filing for a contested divorce or divorcing with children, you should not expect to be granted a divorce in 61 days. On average, it may take between six months to one year for your divorce to be finalized in Texas.

Exceptions to the 60-Day Waiting Period

In some cases, the 60-day waiting period can be waived by the courts.

  • The courts can waive the waiting period in cases of family violence
  • If the filing party has a protective order against their spouse
  • If the receiving spouse has been convicted for an offense of family violence against the filing spouse or their children

In these cases, the court may move to expedite the divorce case and grant a divorce before the end of the 60-day waiting period.

How Will I Know My Divorce Is Finalized?

Your divorce will be finalized when the judge signs the decree of divorce in open court. This will happen at a hearing after the 60-day waiting period that you and your spouse will need to attend together. Your hearing date will be assigned after you file for divorce and often after any litigation. If you are filing for an uncontested divorce, your hearing date will be assigned after you file your divorce papers. Both parties will need to attend the hearing for the court to grant the divorce.

If you are considering filing for divorce or looking for a second opinion, our skilled divorce attorneys at The Law Office of Rebecca J. Carrillo are here to consult on your case. Call us today at (210) 405-6623 to schedule a case consultation with our skilled San Antonio divorce team.

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