HOW FAST DOES A DIVORCE TAKE FROM START TO FINISH IN TEXAS?

This is a popular question I get. Sometimes I will have clients who don’t have any disputes or issues to resolve. They both agree on who is getting what, and they’re ready to move on with their lives by the end of the week. Lawyers call these types of divorces Uncontested Divorces, because there aren’t any disputes over any of the issues related to the divorce. Unfortunately, Texas has created a period of time they call the waiting period, which prevents a Court from granting a divorce before the waiting period has finished, unless certain requirements are fulfilled.

THE DEFAULT MINIMUM IS 60 DAYS (IN GENERAL)

At the time of this writing, a Texas Court is not allowed to grant a divorce before the 60th day after the date the suit for divorce is filed.

That means even if you go to great lengths to get ahead of everything you need to do, from resolving all disputes regarding how the community property is to be split and having a final agreement signed by all parties and ready to be entered, you are still waiting at the mercy of that 60 day waiting period.

TWO EXCEPTIONS TO GOING BELOW THE 60 DAY PERIOD

Like with everything related to law, there are almost always exceptions, and the waiting period is no exception to the rule.

There are two main events that will get you a speedier divorce. If you’re involved in a divorce where the other party has been convicted of or received deferred adjudication for an offense involving family violence against certain individuals, you fall into one of the two categories. The other way to get past the 60 day waiting period is if you find yourself in a situation where you have an active protective order under Title 4, or an active MOEP under Article 17.292 of the COCP, that was based on a finding of family violence against the other party because of family violence committed during the marriage.