Finalizing A Divorce In Texas
Divorce Timelines and the Texas Waiting Period
How long a Texas divorce takes depends on the facts of the case, the issues that must be resolved, and the court’s schedule. An uncontested or agreed case may move differently from a contested case, but an agreement does not remove every legal or court requirement.
Under Texas Family Code § 6.702, a court generally may not grant a divorce before the 60th day after the divorce suit is filed. The statute provides exceptions when the court makes the required family-violence findings, including certain convictions or deferred adjudications involving family violence, or an active protective order or magistrate’s order for emergency protection based on family violence during the marriage.
The 60-day period is a minimum waiting period, not a promise that a divorce will be final on that date. Service or waiver, required filings, agreements about property and debts, conservatorship and possession, child support, and spousal maintenance, along with hearings, mediation, discovery, and the court’s docket can affect what remains before a judge can sign a final decree. A lawyer can review your circumstances and explain what may still be required, but no one can promise an exact filing date or finalization timeline from general information alone.
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Avoiding Litigation
Litigating family law matters should be an absolute last resort. You’ll save an immeasurable amount of time and avoid carrying a massive emotional weight on your shoulders.
Litigation demands concrete evidence. There’s no room for empty speculation or emotional claims. This can require digging into public records to retrieve things like police reports, arrest records, or medical documents. Getting this evidence, especially when it involves third parties, can be a lengthy process. Not only does this add time, but it also costs money.
Based in Houston, experienced family law attorney Daniel Ogbeide sheds light on divorce timelines in Texas. Drawing from years of experience helping individuals just like you through the divorce process, Ogbeide provides valuable insights into contested and uncontested divorces. Understanding how much of a drain on your time, money, and emotional energy litigation can be, he emphasizes the importance of avoiding it at all costs. With a focus on dialogue and negotiation, Ogbeide empowers clients to pursue efficient and amicable resolutions, minimizing emotional strain and financial burden along the way.
Worried you may be headed for litigation in a family law case? Call Daniel Ogbeide Law, PLLC for guidance that will steer you in the right direction.
The emotional toll of litigation on both parties, especially if any children are caught in the middle, can be incredibly significant. I’ve encountered situations where anger or a lust for revenge drove one party to intentionally prolong their divorce proceedings just so their to-be ex-spouse couldn’t marry the person they had an affair with, which prompted the divorce to begin with.
This emotional strain very often intensifies as a case drags on, sometimes to the point of outright exhaustion. It’s rare, but I’ve even had clients who were dead set on dragging things out for as long as possible abruptly do an about-face and instead desire to immediately wrap the process up, regardless of their original intent for revenge. Their exhaustion is what prompted this, more often than not. It saddens me when this happens, seeing my client lose six months of their life and thousands of dollars in the meantime.
On top of all this, opting for litigation often means relinquishing a significant amount of control over the outcome. Instead of negotiating with your spouse and their legal counsel, you place your fate in the hands of a judge or jury. This lack of control can be unsettling and may result in outcomes that neither party finds truly satisfactory.
In my practice, I always prioritize dialogue and negotiation. Even after being served with legal papers, my first step is to reach out to opposing counsel to explore potential resolutions. Attempting to maintain this open line of communication significantly increases the chances of seeing a case resolved without resorting to litigation.
This isn’t to say that exceptions don’t exist. They do, of course. If one of the parties has severe mental health issues, substance abuse, or abused a child, litigation might very well be unavoidable. However, for cases without these types of complications, I firmly believe that avoiding litigation at all costs can be far better, leading to significant savings and allowing you to redirect those funds toward securing a better future for your children, if you have any.
From Filing to a Final Decree
Texas Family Code § 6.301 generally requires either the petitioner or respondent to have been domiciled in Texas for the six months before filing and a resident of the filing county for the 90 days before filing. Specific facts, including military service or other jurisdictional issues, may affect where a case can be filed.
After filing, the case must proceed through the required notice or service steps unless the other spouse waives service as allowed. In an agreed case, the spouses may resolve issues such as property and debts, conservatorship and possession, child support, and spousal maintenance in written paperwork. In a contested case, unresolved issues may require additional filings, negotiation, mediation, hearings, or a trial.
To finish the case, the court must review the required evidence and paperwork and sign a Final Decree of Divorce. The divorce is not final just because the spouses have reached an agreement or the 60-day period has passed. The court’s local procedures and the facts of the case determine what must be presented before the judge can sign the decree.
For more information about finalizing a divorce in Texas, schedule a complimentary consultation with Daniel Ogbeide Law by calling 832-321-7005. The consultation is by phone or in person, with no obligation to retain the firm. Case-specific legal analysis and document review occur only after formal engagement.