Under Texas law, a divorce cannot be finalized until at least 60 days have elapsed from the date the original petition is filed. If the case is uncontested, it is entirely possible to finalize it on the 61st day after filing. However, if the parties cannot reach an agreement on all issues, finalizing the divorce will take longer.
At Albin Oldner Law, we recognize that each divorce is unique and influenced by various factors that can extend or shorten the timeline. Keep reading for more from our skilled Frisco divorce lawyers, then call (214) 423-5100 to schedule your consultation.
The minimum waiting period
In Texas, the law mandates a 60-day waiting period from the date the divorce petition is filed until the divorce can be finalized. This period serves as a cooling-off time for couples, allowing reconsideration or negotiation. Therefore, even in the most amicable situations, a divorce in Texas cannot be completed in less than 60 days.
Factors affecting the duration of a divorce
Several factors can influence how long your divorce might take:
- Contested vs. uncontested divorce – An uncontested divorce is typically quicker when both parties agree on all terms. Contested divorces, where disagreements about assets, custody, or other issues arise, require more time for negotiation and, potentially, court proceedings.
- Complexity of the case – Divorces involving complex asset divisions, custody disputes, or high-conflict situations may require additional time for gathering evidence, mediation, and court dates.
- Court caseload – Depending on the court’s schedule and caseload, there might be delays in scheduling hearings or finalizing the divorce.
Timeline for typical divorce scenarios
- Uncontested divorce – If you and your spouse agree on all terms and efficiently handle paperwork, the divorce process in Texas can be relatively quick, often finalized shortly after the 60-day waiting period.
- Contested divorce – When disputes arise, the process can extend significantly. Depending on the complexity and the level of agreement between the parties, contested divorces can take anywhere from six months to over a year.
Mediation and negotiation
At Albin Oldner Law, we often recommend mediation to expedite the divorce process. Mediation can help resolve disputes faster than going to trial, thus shortening the duration of the divorce process. Our experienced attorneys guide clients through mediation to achieve amicable settlements that meet their needs.
Final thoughts
While it’s challenging to predict exactly how long a divorce will take due to the variables involved, being prepared and having knowledgeable legal representation can help streamline the process. At Albin Oldner Law, we commit to making your divorce proceedings as efficient as possible, keeping your best interests at the forefront of our efforts.
Contact Albin Oldner Law for a consultation to discuss the specifics of your situation and gain a clearer understanding of the expected timeline. We’ll provide detailed guidance tailored to your unique circumstances, helping you navigate your divorce with confidence and clarity.
