How Long Does A Divorce Take In Texas (And Why)?

Exact Answer: Maximum A Year

When two married people do not want to continue their marriage, they can decide to take up the matter in the court of law and get divorced. Since marriages are legal contracts, if a person wants to get out of it they need to file for divorce to nullify the legal contract.

The divorce is not just deciding not to live together and sign a few documents. It can take quite a lot of time to settle a divorce matter in court. Getting a divorce can sometimes even take up to a year to get finalized.

The time for the divorce process differs from one state to another.

How Long Does A Divorce Take In

How Long Does A Divorce Take In Texas?

When it comes to laws related to a divorce, it can vary from one location to another. The process and the time to get the divorce settled are also different amongst the different states. However, one thing remains common the divorce process is quite time-consuming.

In Texas as well the process for getting a divorce involves a lot of steps and procedures. Depending upon how soon a person completes the procedures, the divorce is finalized. It depends on case to case that decides how much time it will take. Some divorce cases can be finalized within a month.

While in some cases, it can also take up to a year to grant a divorce. The process of divorces is shorter when it is mutual between the two parties. Apart from the lengthy procedure for the divorce, many other factors can extend the timing for getting the divorce.

PeriodThe time it takes to get the divorce settled
Minimum timeOne month
Maximum timeA year or more

Why Does A Divorce In Texas Take That Long?

The primary reason why it takes so much time to get a divorce in the state of Texas is in process. The process needs the first party to first file a divorce petition. After this, the legal notice is served to the second party. If the notice is accepted by the second party, there is a hearing in the court to announce the final decision.

If both the parties agree to the divorce terms and conditions, the divorce proceeding moves on to the next step. As per the divorce laws in Texas, the next step is to complete a cooling period or waiting period. In general, a cooling period is for about 60 days.

Another aspect that determines how much time both parties have to invest in the divorce process is whether the divorce is a contested one or an uncontested case from any of the parties. Uncontested cases are the ones in which, both parties are okay with the terms regarding alimony or custody.

Whereas in contested cases, one of the parties is either against the divorce or against the terms and conditions listed in the divorce petition. In such cases, there are multiple hearings at the court to come to agreeable terms and settle the matter. The period can extend over a month if more and more court sessions are scheduled.

Apart from the contesting issues, the court that the divorce hearing is being done at also matters. Some courts might have more cases at hand and hence can take a long time to get a date for a hearing. While there might be some courts that will schedule things faster. Hence, the divorce can be settled in the minimum time possible.

Even factors like the other party’s attorney can play a part in extending the period for a divorce. If the petitioning party’s attorney cannot provide a good case for the divorce, it can give a chance for the opposite party’s attorney to shut the case or get a better term in the divorce agreement.

Conclusion

If a person is looking to divorce their spouse, the minimum time for the divorce to complete is 60 days. However, there are many different periods for which the divorce proceeding can go on.

Some cases can extend if one of the parties fails to show up in the court. However, multiple cases of not showing up in the court can cause the judge to announce the judgment against them. In such scenarios, the divorce can be processed in a few months.

References

  1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/hulr8&section=15
  2. https://www.tandfonline.com/doi/abs/10.1300/J087v15n01_06
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