Common Divorce Questions: How Long Does It Take to Get Divorced?

There is no easy answer to the question about how long it will take for the divorce to be final. According to Texas law, there is a minimum waiting period of 60 days after the suit was filed.  If you and your spouse agree on the resolution of every issue, and file your written settlement agreement with the court, and there is no backlog of court cases to be heard before yours, it could be final as soon as 61 days after the filing. The more the parties can agree, the quicker the case will move along.  In a divorce, it’s rare to have a truly agreed upon divorce with regard to all the details.  If the parties disagree, then it will be longer than 60 days. At Martinez Legal, we are seeing court dates pushed out two or three months, so realistically, the earliest you can expect the divorce to be final is closer to four to six months.

Reasons for a Delay

The more contentious the case is the longer it will take. If the spouses cannot come together on a settlement agreement, then the case will go to mediation. The mediator will assist the couple in reaching an agreement on property division and putting together a parenting plan for the children. This includes agreeing which parent the children will physically live with, and how much time each parent spends with the children.

Issues of child support and spousal support must also be resolved. If mediation has helped, and the parties can reach a settlement agreement, they may file that agreement with the court, and the divorce will be final as soon as a court date can be set for the court to make the final order of divorce.

Everything takes time if details cannot be agreed upon. If mediation does not work and the couple is still arguing about issues, the case must then be set for a final trial. That involves another delay. At this point, it is now taking a minimum of 75 days to get a court date for trial after a date has been requested. Planning for the divorce case that is going to the court for a final decision will take a minimum of about six to eight months, and often even longer, is becoming standard.

At Martinez Legal, P.C., we help you solve the issues with your spouse in the best possible way. We work with you to make your own settlement agreement, including your own parenting plan, in order to minimize the time it takes to go through the process.

Contact us for a consultation to see how we can help.