How Long Will My Divorce Take in Texas?

If you’re considering divorce in Texas, one of the first questions on your mind might be, “How long will this process take?” The timeline for divorce can vary greatly depending on the complexity of the case and the willingness of both parties to cooperate. Here’s an overview based on insights from Chris Schmiedeke, a Texas family law attorney.

The 60-Day Waiting Period

Texas law mandates a 60-day “cooling-off” period after filing for divorce. This is the minimum time required for any divorce to be finalized. The waiting period is designed to give couples time to reflect and consider reconciliation before their divorce becomes final.

If both parties agree on all issues — such as property division, child custody, and support — the process can be relatively quick. In these cases, divorces can sometimes be completed within 60, 70, or 80 days.

Factors That Influence the Timeline

The length of your divorce process largely depends on the complexity of your situation. Here are the key factors that can impact the timeline:

1. Level of Agreement Between Parties
   • Uncontested Cases: If both spouses agree on all aspects of the divorce, the process is straightforward and often resolved soon after the waiting period.
   • Contested Cases: Disagreements over critical issues, like custody or property division, can significantly prolong the process.
2. Complexity of Issues
   • Highly contested cases involving child custody disputes, significant assets, or complex financial arrangements may take much longer to resolve.
3. Court Scheduling and Backlogs
   • Even after agreements are reached, court availability for hearings can influence how quickly a divorce is finalized.

How Long Does a Contested Divorce Take?

For contested divorces, the timeline can range from several months to over a year. Attorney Schmiedeke notes that while some cases can take years to resolve, the average contested divorce handled by his office is usually finalized within eight to nine months.

Why Some Cases Take Longer

In particularly contentious cases, where disagreements persist over custody, spousal support, or dividing significant property, the divorce process can stretch on. Resolving disputes may require mediation, additional court hearings, or even a trial, all of which add time to the process.

Final Thoughts

While the 60-day waiting period represents the minimum time for a divorce in Texas, the actual timeline varies based on the complexity of the case and the level of cooperation between the parties. If you’re seeking a swift resolution, working collaboratively with your spouse and seeking professional legal guidance can make a significant difference.

If you have questions about your specific situation or need personalized advice, consulting with an experienced family law attorney like Chris Schmiedeke can help you navigate the process more efficiently.