Last updated on October 7th, 2022 at 07:25 am
The state of Texas imposes a mandatory waiting period of 60 days before finalizing a divorce. So, a quick divorce in Texas will take at least 61 days. Realistically, however, it takes 6 months to a year for a settlement to pull through. The divorce proceedings will be longer if there are children and large amounts of assets involved.
How long does a divorce take in Texas with child?
The Texas law stipulates a 60-day mandatory waiting period before you can finalize the divorce. These 60 days begin after you submit the divorce petition.
In case of children, there are two scenarios, one of which can extend the divorce process.
First, if both parties have agreed upon who receives child custody, then the divorce can carry on normally.
Second, if there is a conflict of interest regarding who gets the children, then the divorce case must be contested in the district court. The amount of time until the final orders will depend on your case and how convincingly you fight it.
This is where you will need to hire a good divorce lawyer for sound legal advice during your court trial.
For further assistance, you can seek help of the OAG (Office of the Attorney General). In Texas divorce, a divorcing couple will not find representation from the OAG. However, OAG can request a judge to order for medical support, child support, custody, possession and dental support.
How long does it take to get a divorce if both parties agree?
If both the spouses accept the settlement agreement on an uncontested divorce, they can get divorced more quickly. This means the waiting period between the original petition filing and signing the divorce papers as per court order should not take more than 60 to 70 days.
Please note that this is an ideal scenario. An agreeable divorce means that both spouses agree on the terms of divorce, which include:
- Property division
- Division of assets
- Custody of minor children
- Community property state
It is important to note that even after having zero conflicts of interest, the hearing of an uncontested divorce will happen after the 61-day period. Most Texas courts are booked and busy around the year. It is difficult to book a day as per your convenience.
What is a wife entitled to in a divorce in Texas?
As a Texas resident, during the marriage dissolution, a wife is entitled to the same things her husband is entitled to. The state of Texas does not discriminate on the basis of the gender of the spouse. This applies to spousal support and community property (assets shared by the married couple). Both parties must comply with the rules and considerations
as per the Texas family code.
In case you have separate property (property acquired before marriage), then you will not have to share that with your spouse after divorce. However, you must present convincing and clear evidence to support your case. Otherwise, that property will be considered as community property.
When it comes to alimony, the Texan laws are not in favor of it. Once the marriage ends, the responsibility of a spouse to financially support the other also ends. However, there is a provision for spousal support which is based on temporary orders. It allows the other spouse to get back on their feet.
Still, a court in Texas will only allow spousal support to wife in specific cases. These cases are –
- The spouse is either suffering from a disability or looking after a disabled ward.
- The spouse and/or their children is/are a victim of proven domestic violence inflicted by the other spouse.
- The marriage lasted more than 10 years and the spouse is incapable of fending for themselves.
How much does a divorce cost in Texas?
The amount you spend in a divorce will depend entirely on your case. In an uncontested divorce, with no conflict of asset and ward division, you can get a divorce by spending a few hundred dollars. However, if you have many contested elements in your case, the proceedings can be lengthy and expensive. Be prepared to shell out thousands of dollars.
If you have no kids to contest, then an average divorce will cost around $15,600 in Texas. In case there are children to be contested for, your divorce proceedings could cost around $23,500 on average. These figures come from USA Today, making Texas the fifth state in the US with the highest cost of divorce.
How long does it take to get divorced in general?
To understand how long a divorce takes in Texas, you should know about the divorce process. Generally, a typical divorce goes through the following stages:
- Pre-filing – This step can take a few weeks. It involves working with a lawyer and/or a private process server to decide whether divorce is the right approach to your marital problems. If you decide to go ahead with the divorce, the next step is to prepare to file a petition. Also, this is the stage when you must decide whether you want any assets or community property from your spouse.
- Filing – Once you are certain about divorce, your lawyer will file a petition with the court to begin the divorce proceedings. Your lawyer will also let the court know you wish to divide assets and property, if any. This process takes a few days.
- Waiting period – According to Texas laws, it is mandatory to wait for 60 days after filing a petition. The idea behind this is to allow the couple to live separately and cool off. They might change their mind about the divorce.
- Contesting – In case of conflict, both spouses must work with their lawyers to gather evidence in their favor. The conflict can be regarding the division of property, assets or child custody. Unless both parties reach an agreement soon, the proceedings can take years to settle.
- Final hearing – Based on the amount of evidence submitted, a judge can take a few days to give out the final verdict.
How long does divorce take in California?
The state of California imposes a 6 months waiting period from the filing of petition to the dissolution of marriage. This long period is mandatory for the couple to take, in hopes of having a change of heart.
To be eligible for divorce in California, both parties must have lived in the state for the past six months. Also, it takes $450 dollars to begin a divorce case with the court.
How long does a contested divorce take in Texas?
When a divorce is contested, it is difficult to tell exactly when the proceedings will get resolved. The duration from the filing of petition to the final trial can even take years if neither party is willing to budge. It will also boil down to the terms of the divorce.
In a contested divorce, both spouses fight over issues such as child custody, property and asset sharing, support and more. With the help of their respective lawyers, both parties present evidence to the court to support their case. A lawyer can keep pushing the date of the final decree of divorce if they feel they can submit more evidence. This can continue for a very long time.
It is important to understand the two scenarios of filing a divorce – fault divorce and no-fault divorce. A fault divorce means the reason for divorce is due to something that the other spouse has done wrong. This includes cheating, domestic violence etc.
A fault-based divorce can take more time due to multiple court hearings. The defendant party must prove that the fault grounds are wrong, while the prosecuting party must prove their accusations were right.
How to file for divorce in Texas with no money
The divorce proceeding per se is not very expensive. It is the attorney fee which will cost you a bombshell. To save money, if your case is uncontested, you can go pro se litigants, meaning you can represent yourself in the court.
You can ask around for attorneys who provide free consultation. Look for NGOs or NPOs which support less-privileged people with their divorce proceedings.
FAQ relating to how long does divorce take in Texas
How long does a divorce take in Texas once filed?
After filing a petition for divorce, you must wait for at least 60 days before finalizing the divorce. On average, a divorce can take up to 6 months after filing.
Why do you have to wait 60 days for a divorce in Texas?
The 60 days waiting time is mandated to allow the couple to rethink their decisions. Divorce is a big decision which can affect your mental health and the health of your loved ones. Therefore, the state allows you to reconsider the divorce by taking some time off.
Can you date someone while going through a divorce in Texas?
There are no laws which prohibited dating during the process of divorce. So yes, you can date while going through a divorce.
What is wife entitled to in divorce Texas?
Both the wife and the husband are entitled to same things under Texan laws.
