How Long Does a Divorce Take in Texas?

How Long Does a Divorce Take in Texas?

Jan 03, 2024
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Divorce is no doubt something you’ll want to get wrapped up as soon as possible. South Dakota, Alaska, and Nevada offer some of the fastest divorces across the country, with many being finalized in under 60 days. Texas, on the other hand, has a mandatory 60-day waiting period. Technically, it is possible to be divorced in Texas in 61 days, but many couples do end up needing more than two months to get everything done. 

Remember, your Dallas-Fort Worth divorce lawyer is also dependent on the court’s calendar to get your final hearing scheduled. This doesn’t usually add a big delay, but it does make 61 days exactly a bit of a long shot. In this article, we’ll discuss factors impacting the length of time it takes to get divorced in the Lone Star State.

Agreement on Issues

Probably the biggest thing that affects how long a Texas divorce takes is whether the couple can agree on all the necessary items: property division, child support, custody, alimony, etc. If these things can all be worked out during the 60-day waiting period, a fast divorce decree is likely. This required “cooling off” period begins the day the divorce petition is filed. Hiring a Ft. Worth divorce lawyer, filing online, or DIY’ing the divorce does not inherently make the process faster or slower. 

Furthermore, you can no doubt imagine that “no-fault” divorces are faster than divorces in which proving fault is necessary. If you are looking to get divorced and show that your spouse is the reason for the dissolution, this can add extra months. Causes for at-fault divorces include if your spouse is committed to a mental hospital, convicted of a felony, abandons you, is cruel, commits adultery, and/or you two become separated. Remember, you can also resolve disputes via mediation as well if working things out alone is proving slow.

How to Get the Waiting Period Waived

Yes, it is possible in Texas to have the court waive the 60-day waiting period under three conditions:

  • If there is an emergency protective order in effect due to domestic violence
  • If a judge issues a deferred adjudication against your spouse for domestic violence
  • If your spouse is convicted of domestic violence

Note that domestic violence here is an umbrella term referring to spousal and/or child abuse of any nature (physical, sexual, verbal, or emotional). The abuse qualifies under these rules if it is carried out against anyone living in the home, so even elder abuse, which includes financial abuse, could potentially qualify.

Reach Out to Our Ft. Worth Divorce Lawyers Now!

Let our Ft. Worth divorce attorneys handle your divorce as swiftly as possible. We have numerous compassionate, experienced lawyers on staff who can get started right away and devote time to your case. Let’s get started as soon as you are ready. Contact us to book your legal consultation now. Again, our skilled, dedicated team at Mims Ballew Hollingsworth is standing by to help you find a fresh start.

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Constance Mims

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

Contact Us Today!

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    I highly recommend this firm. I mainly worked with Andrew McAlester. Andrew was super helpful and courteous during a very stressful situation that I found myself in. Thanks for everything!

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    Timothy Alexander is an amazing lawyer. He helped me with everything I needed to do to get my divorce final in a very short period of time. I always try to refer to him when anybody asks for a divorce lawyer. Thank you for everything you’ve done.

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    Kelly & Brian helped us in our child custody case and I am very pleased by their work. Our case ended up last almost 2 yrs due to COVID, however they were very easy to communicate with and constantly kept us up to date on our case and the courts. I would highly recommend them if you are needing a great custody lawyer ...

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization..

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