Texas imposes a mandatory minimum 60-day waiting period between the date a divorce petition is filed and the date the court can grant the divorce, in almost all cases. The parties cannot agree to a divorce that lasts less than 61 days in Texas. No judge can waive this, except in extremely narrow circumstances involving documented family violence. In practice, an uncontested divorce with no disputes typically has the ability to finalize at or shortly after the 60-day mark; more often, however, it will resolve within about 90 days, given some judges’ timetables for submission and signing. A contested case can take substantially longer depending on court docket and the issues involved.
The length of a Texas divorce varies, depending on many factors, such as the issues involved, the counsel involved (both your lawyer and the opposing lawyer), the court to which it is assigned, and the time of year in which it is filed or can be finalized. Remember that attorneys and judges are people too, with their own lives and families; they take vacations and celebrate holidays.
Cases involving children rarely finalize at the 61-day mark, even if there is a complete agreement, because the required terms for the decree necessitate working through scenarios that involve the children in the future. Sometimes, you have to let some things play out before you know how they’ll work. For instance, an agreement to separate may also have the parents determining the initial possession time for both parents, but after doing the schedule for a bit, maybe it doesn’t work out for you or the children the way that you hoped it would, and you need to tinker it a bit.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.