Divorce can be a demanding and emotionally draining process. It consumes a significant amount of time, energy, & resources. Additionally, you typically deal with a divorce all while managing work, family, and other responsibilities. If you are preparing to file for divorce or currently going through a divorce in Fort Bend, Texas, you may wonder how long the process takes and what might affect that timeline.
If you're going through a divorce, you need a strong team on your side fighting for your rights.
Call Bastine Law Group at 281-784-3222 today to know how we can assist you, and ask about how we've helped 1,000+ other clients successfully manage their divorce proceedings.
Texas Divorce Laws and Residency Requirements
To file for divorce in Texas, either the husband or wife must have resided in Texas for the prior six months and in the county where the divorce will be filed for 90 days. If the residency provisions are not met but the marriage took place in Texas, a divorce may still be possible.
The Minimum Timeline: 60 Days Cooling-Off Period
In Texas, the minimum time for completing a divorce is 60 days. This is because Texas requires a "cooling-off period," a 60-day period that must be observed after either party files a divorce petition. During this time, a judge cannot legally sign a divorce decree, unless certain requirements are met, allowing the divorcing couple adequate time to reconsider their decision.
Typical Divorce Timeline: Six Months to One Year
Although the cooling-off period is 60 days, most divorces in Texas are not finalized within this timeframe.On Average, divorces in Texas usually take between 6 months and 1 year to be finalized. Some cases may require more time due to highly complicated issues, stalemates, & disputes. Working with a top attorney, especially one our award-winning female attorneys, can help make the process go faster.
What Can Speed Up or Slow Down My Divorce?
Many elements influence the timeline of the divorce process. These items include child involvement, the complexity of asset division, the nature of the divorce (fault or no-fault), & the seriousness of disagreements between the two parties.
1. Texas Child Support and Custody Arrangements
One of the most common issues impacting the divorce timeline is the involvement of children. Child involvement significantly increases the complexity of a divorce case, as this can be a delicate situation. Determining Texas child support and custody arrangements is necessary and can prolong the proceedings.
The duration to finalize a divorce with children depends on the level of disagreement between the parents. If you and your spouse agree on child custody and Texas child support, less time will be needed to finalize those decisions through the court. However, if disagreements arise, considerable time may be spent determining child care arrangements, Texas child support payments, and visitation schedules.
2. Division of Assets
The division of assets is another significant factor affecting the divorce timeline. Texas is a community property state, meaning assets acquired during the marriage are jointly owned by both parties. Consequently, assets are typically divided equally during a divorce in Texas.
However, if one spouse believes certain property should be considered separate from this division (e.g., a boat, a second home, or a specific vehicle), the court will intervene and request supporting evidence. This requires strong recordkeeping and documentation to substantiate the claim. Resolving this matter inevitably adds time to the divorce process.
Additional issues within asset division that impact the timeline include:
A significant number of assets
Large monetary value of assets
Joint checking accounts, savings accounts, retirement accounts, etc.
Assets tied to a business jointly owned by the divorcing couple
3. Fault or No-Fault Divorce?
Another consideration is whether the divorce is categorized as fault or no-fault. Texas is a no-fault divorce state, allowing the marriage to be dissolved without attributing fault to either party. This difference can either simplify or complicate the proceedings.
No-fault divorces generally involve a more equitable division of assets & may require less time to complete. However, if one party is deemed at fault for the divorce, the case requires more time for review and for the court to determine a fair division of assets.
4. Severity of Dispute
If there is animosity or disagreement, we usually see reaching an agreements and negotiating take longer.
One party may insist on particular demands or set specific expectations, leading to multiple meetings, conversations, and court hearings. Until these matters are addressed to everyone's satisfaction, the divorce timeline will be extended.
The Role of a Texas Divorce Lawyer in Streamlining the Process
A Texas divorce lawyer with a ton of experience, particularly a well-respected female divorce lawyer who is well-known in Fort Bend divorce courts, can play a major role in streamlining the divorce process. Having the deep knowledge of Texas divorce laws, including common law marriage in Texas, an experienced attorney can handle the tricky parts of Texas child custody cases, child support laws, and asset division.
Finding the Best Divorce Attorney Near You in Texas
The timeline for divorce proceedings in Fort Bend, Texas, varies based on the circumstances and issues involved. While the absolute minimum timeframe is 60 days, most divorces require six months to one year for finalization. Many things affect that timeline, such as Texas child support laws, asset division, and the severity of disagreements which can significantly impact the divorce timeline.
Consulting with the best divorce attorney for your case, can help speed up the process and protect your rights throughout the divorce proceedings.
Don't hesitate to call us when you are dealing with an issue in regards to divorce. Our experienced Bastine Law Group will help you through the legal process and ensure you receive the best possible outcome for your case. Contact us now at 281-784-3222.