How Long Does It Take to Get Divorced in Texas?

If you're trying to chart out how much of your life you're about to devote to divorce, the answer probably isn't going to make you happy. Because the truth is—we have no idea. How long it takes to get a divorce in Texas depends on a host of factors that differ wildly between couples. What we can say, though, is that the absolute shortest amount is two months and that most people tend to spend between six and eighteen months.

The Shortest Divorce in Texas

Due to the required waiting period outlined in the Texas Family Code, the absolute minimum amount of time your divorce can take is two months—and the clock doesn't start until you file. The logic behind this waiting period is to ensure that divorce isn't just a couple's knee-jerk reaction to a bad fight. The only time judges are willing to waive this requirement is in cases of domestic violence.

Fault Divorces Take Longer

When you file for divorce, one thing your petition must include is your grounds. Texas is one of the few states that still allows individuals to file on fault-based grounds. In a fault-based filing, judges are allowed to take the "bad behavior" of one spouse into consideration when dividing property and assigning alimony. These types of accusations spark controversy, meaning additional paperwork, more discovery, and a longer time spent arguing. Hence, for shorter divorces, it's best to avoid assigning fault.

Divorce Type Makes a Difference

Even if you forego fault-based grounds, that still doesn't mean you and your spouse will agree on all the terms. When couples disagree on how to finalize these issues, this is called a contested divorce. On the flip side, if they agree on everything, it's called an uncontested divorce. In an uncontested situation, couples are able to come to an agreement, draft up the terms, and submit it to the court for approval without intervention—usually without a problem. Couples who can communicate respectfully and are willing to negotiate can shave off a lot of divorce time by engaging in alternative methods of dissolution, such as mediation or collaborative divorce.

The Longer Your Marriage, the Longer Your Divorce Takes

Longer marriages take longer for the simple fact that these couples usually have more—more property, more kids, more debts and obligations. Texas is a community property jurisdiction, meaning all assets accumulated by either spouse during the marriage belongs to both equally. When you factor in things like prenuptial agreements, separate property, marital debt, and inheritances, suddenly an equitable division starts to look a bit complicated.

The Game Changer

Whether your divorce is uncontested, fault-based, or something in between, one of the biggest time influencers comes down to one simple thing: attitude. Fighting means evidence, means filing, means money, means time. So while you certainly shouldn't settle for something you aren't comfortable with, being able to compromise calmly and respectfully during this difficult time will not only achieve results faster but also set you up for a better overall family dynamic.

Divorce Attorneys in Texas

The process of dissolving a marriage contract is complicated and nuanced. If you have more questions about how long it takes to get a divorce in Texas, call North Texas Family Lawyers at (972) 436-8000, or schedule a consultation online, and let us help you transition into your new normal as quickly as possible.