713-333-4430Average Divorce Time Frame in Texas
When you and your spouse first got married, you believed it was going to last forever. However, now you’re not so sure, because you’re thinking about getting a divorce. Before filing, you want to know some basic facts, including the average divorce time frame in Texas. Then, you’ll know if you want to go through with divorce proceedings.
Boudreaux Hunter & Associates, LLC in Houston, Texas are certified in mediation, take a collaborative approach with their clients to reach solutions that work for their families, and are devoted entirely to the practice of family law. We are fierce advocates for our clients and we’d be happy to assist you with your divorce. Reach out to us today for an initial consultation.
The Average Divorce Time Frame in Texas
While every divorce is different, divorces cannot be finalized until at least 60 days after a party has filed for divorce. That is the earliest a divorce can be completed. However, timeframes can be difficult to predict. Some divorces could take up to six months to a year – or even longer – for your divorce to be finalized.
There is a minimum waiting period of 60 days for a divorce in Texas and only two exceptions to that rule. The first is if you, the petitioner, have an active protective order against the responding spouse due to family violence. The second is if the responding spouse has received deferred adjudication or been convicted of family violence against you, the petitioner, or a member of your household.
Since divorce can take several months, or perhaps years, to finalize, it’s best to plan ahead if you are thinking about petitioning for one. Then, you’ll have time to prepare for your life after divorce and decide what you want it to look like. For example, you’ll need to figure out your finances and see what you can do to make it easier on yourself now that you’re going to be single again.
Factors That Affect the Divorce Time Frame
A contributing factor that’s going to affect the divorce time frame is whether you have a no-fault or a fault divorce. If you are filing for a no-fault divorce in Texas, this means that neither spouse is responsible for the end of the marriage. For instance, perhaps they just fell out of love or realized they were incompatible. The most common types of divorces in Texas are no-fault.
Parties are always able to reach agreements in a divorce. But when filing for no-fault, it may be easier for you to come up with an agreement with your spouse when it comes to things like division of property, spousal maintenance, child custody, possession or access and child support. Then, the judge will either approve or deny it. Keep in mind that Texas is a community property state, so any property you acquired during the marriage is presumably going to be split equally with your spouse should you not be able to reach agreements.
If you file for a fault divorce, you may also be able to reach agreements but the process is likely going to take longer because you and your spouse have to work out your issues. Additionally, your spouse may not be cooperative because they may be the one at fault and defensive. Some of the reasons for filing for a fault divorce include adultery, domestic violence, abuse, felony convictions, abandonment for one year or more, cruel treatment, and mental incapacitation. You’re going to need to show evidence when it comes to proving the grounds for a fault divorce.
In the case that you and your spouse have children together, the divorce process is likely to take longer. The more you disagreements there are, generally the longer it could last. Typically, Texas courts favor joint custody so that children don’t miss out on quality time with both of their parents. However, if you believe this is not in the best interest of the child, then you can tell the judge. Ultimately, the judge will decide on child custody and child support matters.
There are other things that can necessarily prolong a divorce. For example, if you and your spouse own a business together. It could be more complicated than dividing up your personal assets and debts, and you might have to make some tough decisions regarding whether or not you want to stay invested in the business. The business may need to be valued which will require an expert witness.
Is there a large amount of assets involved in your divorce case? This could also prolong proceedings as the court figures out how to divide your assets. You will need to work with your divorce attorney to find proof that you acquired your assets separate from your marriage.
It could take time to find a divorce attorney who is experienced and responsive to your needs. Plus, life gets in the way. You may also be juggling a hectic work schedule, a busy social life, and time with your kids. All of these factors can make the divorce process longer. Lastly, courts are extremely busy and that may cause delays or prolong the case as well.
Filing for Divorce in Texas
To file for a divorce in Texas, you first have to meet residency requirements. Either you, or your spouse, needs to have lived in Texas for six months before filing and in the county where you file for no less than 90 days prior to filing for divorce. The fees to file for divorce vary depending on the county you live in, but they can range from $250 to more than $400. If you are unable to afford the fee, then fill out an Affidavit of Inability of Pay to apply for a fee waiver in the majority of Texas counties.
You can try to resolve your divorce outside of the courtroom with the help of a divorce attorney or mediator. If your case goes to trial, it’s going to take longer and cost more.
Hiring a Divorce Attorney
When you’re going through a divorce, you need someone in your corner to represent you and make sure your needs are met. If you don’t have that, you might not get what you deserve. Additionally, since the divorce process can be complicated, you may be confused about how it works and what steps you have to take to proceed. It’s crucial to consider hiring a divorce attorney to help you.
If you are concerned about costs, then you can ask your divorce attorney about ways to keep them low. For example, you may be able to prepare some documents on your own. You can also inquire about specific things you can do to shorten the time frame for your divorce.
When searching for a divorce attorney, look for one who is experienced in family law. You’ll also want to hire someone who is in communication with you and keeps you updated so you aren’t lost. They should be available to you when you need them. Of course, they should be affordable for you, but remember that this is an investment in your future. Above all else, it’s best to hire someone who can get the job done right so that you don’t lose out on much more in the long run.
Contact Boudreaux Hunter & Associates, LLC
If you need help filing for divorce, you can reach out to Boudreaux Hunter & Associates, LLC for help. We’ll work hard on your divorce case and be your source of support in your time of need. Make sure you get in touch online or by calling us at (713) 333-4430. We look forward to hopefully working with you.
Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.
