Divorce is a difficult time for everyone involved, and it’s natural to want it to be over with as soon as possible. Only your Austin, TX divorce lawyer can give you specifics on how long your divorce is likely to take, given its unique circumstances, but by reading on you can get a general idea of the timeline.
How Long Does the Divorce Process Take in Austin, TX?
Minimum Waiting Period
In Texas, the law mandates a minimum waiting period of 60 days from the date the divorce petition is filed before a court can grant a divorce, so even if you’re talking about an absolutely ideal situation, you can’t possibly get divorced in less than two months. This waiting period is designed to provide couples with a cooling-off period to reconsider their decision or work towards reconciliation. The 60-day period is the absolute minimum; under no ordinary circumstances can a divorce be finalized before this time elapses. There are only very rare exceptions.
While the 60-day waiting period sets the earliest possible date for nearly all divorces to be finalized, it does not guarantee that the process will conclude within 60 days. There are a lot of factors that can go into any divorce that will extend it beyond this time, including the following.
Contested vs. Uncontested Divorce
In an uncontested divorce, both parties agree on all the significant issues. This agreement simplifies the process and gives you a great shot at getting it all done quickly.
In a contested divorce, the two spouses don’t agree on an issue (often multiple issues). This usually means a lot of extra work goes into the divorce, which will usually now require mediation, discovery, and possibly a trial, all of which can extend the divorce process by several months or even years.
Complexity of Assets and Debts
Couples with complex financial portfolios, including multiple properties, businesses, investments, and substantial debts, require detailed assessments to ensure an equitable distribution and fair spousal and child support (if these are issues). Valuing assets accurately and agreeing on division terms can be difficult and contentious and often requires the involvement of financial experts and prolonged negotiations. Your divorce lawyer will have a network of the sorts of experts you might need who they’ll be able to call upon as needed.
Child Custody and Support Issues
When minor children are involved, decisions regarding child custody, visitation rights, and support payments add new layers of complexity to the divorce process. Disagreements in these areas may even require evaluations by child psychologists, social workers, or custody evaluators. The court’s priority is the best interest of the child, and to fulfill its duty in this area, the court may need to do thorough investigations, which can also eat up time.
Court Schedules and Backlogs
The availability of court dates will also affect your timeline. Austin’s family courts have been operating with a backlog for a while now, and the heavy caseloads may delay your case. The more hearings your divorce requires, the worse this effect can get. And that’s not even counting those unforeseen circumstances that sometimes arise, such as public health emergencies or natural disasters, which can further backlog court schedules.
Cooperation Between Parties
The level of cooperation between the spouses is probably the number one determiner of how quickly a divorce can be finalized. Open communication and a willingness to compromise will always expedite negotiations and settlements. Hostility, lack of communication, or intentional delays by either party can extend the process significantly.
The Skill of Your Divorce Lawyer
It also matters who you have as your lawyer. An attorney with extensive experience in family law and the Austin courts will be able to get you through the process as quickly as possible given your circumstances.
With all the above factors taken into consideration, the general average for a Texas divorce is six months to a year.
Steps in the Texas Divorce Process
1. Filing the Petition
The divorce process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the district clerk’s office in the county where either spouse resides. Texas law requires that at least one spouse have lived in the state for six months and in the county of filing for 90 days prior to filing the petition.
2. Service of Process
After filing, the petitioner must legally notify the other spouse, known as the respondent, by serving them with the divorce papers. Service can be completed through a private process server, sheriff’s deputy, or by the respondent voluntarily signing a waiver of service. Upon being served, the respondent must file an Answer or response to the petition. If the respondent fails to respond, the petitioner may seek a default judgment, which does speed up the process.
3. Discovery Phase
During the discovery phase, both parties exchange information relevant to the divorce. Discovery methods may also involve written questions (interrogatories), requests for documents, and depositions. Your lawyer will take the lead here on your behalf.
4. Mediation and Settlement Negotiations
Texas courts often require mediation, and a successful mediation can resolve disputes without the need for a trial. If that’s possible, it will greatly reduce the duration and cost of the divorce. However, if mediation fails, the case moves forward to trial.
5. Trial (If Necessary)
During the trial, both parties present evidence and arguments on contested issues before a judge (and rarely, a jury). Trials can be scheduled months in advance due to court availability and can last several days or weeks, depending on how complex a case is. After the trial, the judge will issue a final decree of divorce, which may take additional time to be finalized and signed.
Expedited Divorces: Are They Possible?
While the 60-day waiting period is mandatory, certain circumstances can speed up the divorce process post-waiting period. In uncontested divorces, it’s usually possible to get divorced pretty quickly after the waiting period is over. Additionally, in cases involving family violence, the court may waive the waiting period altogether to protect the safety of the abused spouse or children.
However, be aware that attempting to rush the divorce process can lead to you making mistakes that can cost you later or agreements that may not be in your best interests in the long term. It’s always important to listen to your attorney and to avoid making snap decisions. If your ex-partner asks you to sign anything or for any kind of written or recorded statement, never agree until you’ve talked with your lawyer, first.
Your attorney can also help you expedite the divorce by encouraging you to give up certain issues that aren’t worth your time and energy to pursue. At the same time, your attorney may advise you to press harder for something that’s in your long-term best interest, even if it may extend the length of the divorce for a while.
A divorce can’t be finalized in Texas until after the 60-day waiting period, and after this, while on average you can expect six to twelve months before things are finished, the final timeframe will be determined in large part by the complexity of your case, your willingness to compromise, and the skill of your divorce attorney. For experienced help from trusted Austin family law attorneys, contact us at the Eggleston Law Firm, PC now.
