Many folks who come into their divorce attorney’s office are interested in the quickest and easiest way to get divorced. Today, a significant number of marriages end in divorce. So that creates quite a backlog on the family court docket. In addition, not everyone who files for divorce actually ends up going through with it. For those reasons, the earliest that a court can grant a divorce in Texas is 60 days from the date the divorce petition is filed.
It’s natural to want the unpleasantness of divorce to be over with. But 60 days is just about the quickest finalized divorce that you can hope for. Even that requires a bit of planning.
There are a number of things that have to happen in order for your divorce to be finalized in 60 days. Overall, it is important to understand some of those criteria and help you expedite your divorce, if that’s what you want.
Exceptions to the 60-Day Texas Divorce Waiting Period
There is really only one exception to the 60-day waiting period for a divorce petition: if family violence is involved. This could include abuse of either children or a spouse. In that case, the court would expedite the divorce.
Matters that Delay the Finalization of a Divorce
While 60 days is the absolute minimum amount of time for a Texas divorce waiting period, the reality is that most divorces take longer than that. It’s only when both spouses have their affairs in order and have made arrangements in advance to go their separate ways that a divorce can be finalized in 60 days.
When divorces are contested, the timeline is extended. Whereas most divorces can be resolved within a year, there are a number that drag out seemingly indefinitely. When custody issues are in play, there may be another 60 to 90-day wait if the court orders a social study.
The custody evaluation, which is conducted by a court appointed evaluator, is designed to determine which parent would be the right “fit” for the children. This doesn’t mean that one parent loses conservatorship of the child. It determines with which parent the child will reside.
In other words, if custody is an issue, you will not have an expedited divorce.
Another issue that will delay the finalization of your divorce is a property dispute. Discovery will be necessary to determine assets, debts, and the division of property. This can include things like requests for information, disclosure of accounts, and depositions. It’s a process that will take at least a few months, and sometimes even more, depending on the value of the property and the type of property on the line.
Unfortunately, Texas doesn’t provide its residents with a quick avenue for divorce. Finalizing quickly rests on both parties being able to get their mutual ducks in a row and deciding things amicably outside of the litigation process. When nothing is contested, there’s no need to drag out the process. The majority of divorces, however, take between six months to a year to finalize.
Let Us Help You Today
If you’re going through a difficult divorce you can count on the Law Offices of Ben Carrasco PLLC in Austin, Texas to guide you every step of the way. You can reach us by phone at 512-320-9126 or contact us online. The process may not be quick, but it doesn’t have to be painful.