Your Family Is
Our Focus

YOUR FAMILY IS OUR FOCUS

San Marcos Texas Legal Blog

How long does divorce usually take in Texas?

| May 9, 2019 | Uncategorized |

Most divorce cases are fairly straightforward. The matter of dividing assets can take quite a while, but it is merely a matter of negotiation. Things rarely escalate to an absurd point, such as what happened to one Texas woman who cited a “blood covenant” as the reason for why her husband should not be incapable of divorcing her. 

There are many questions you will have as you pursue the divorce proceedings. One of the most common questions that come up is, “How long will the divorce take to finalize?” The truth is that every case is different. Some divorces are final in a few months while others can span for years. It all comes down to how quickly you can gather the proper documentation and how soon you can decide on an equitable division of assets. 

A minimum of 60 days

Texas has a law that requires a minimum of 60 days before the court can finalize any divorce. This 60-day waiting period begins from the moment the couple first files for divorce. Therefore, the shortest length of time it can take a couple to divorce is 61 days. Even if both parties are in complete agreement about how to divide possessions, the court still requires 60 days. However, there is a greater likelihood it could take between 90 and 120 days due to the courts consistently having too many cases on the docket to get through in a timely manner. It may take a while for a couple to get their day in court. 

An exception to the 60-day rule

It is possible for a couple to finalize a divorce in less than 60 days. When there is the threat of domestic violence, a judge will typically waive the 60-day waiting period and end the marriage sooner. In many cases, a judge will want to see a family violence conviction on the spouse’s record to expedite the proceedings. For the most part, the length of the divorce trial will depend on the actions of both spouses.