HOW LONG WILL MY DIVORCE TAKE IN TEXAS?

HIRING THE RIGHT DIVORCE ATTORNEY IS AN IMPORTANT FACTOR

Just the thought of going through a divorce is stressful, but the process does not have to be. In my opinion, the single most important decision you can make is hiring a knowledgeable, qualified divorce attorney that can efficiently navigate the divorce process and family law courts in your county. You should set aside the time to visit multiple attorneys and find one that you are comfortable with and can effectively address your questions and concerns. I am continuously amazed at how many people will retain a law firm without ever meeting with the actual attorney that will be handling their case. You are about to change your family life; you should meet and speak with the attorney that is going to facilitate the change. Having to change attorney’s during your divorce case is only going to cause additional stress, money, and time. It is not uncommon for this to happen when you hire the “firm” and not the attorney.

There are several other factors that can affect the duration of your divorce, including the ability of the parties to set the drama aside; whether there are children; and the nature of the property/assets.

STATUTORY “COOLING OFF” PERIOD

Under section 6.702 of the Texas Family Code, a court may not grant a divorce before the 60th day after the divorce was filed. This means that the soonest a person can get a Texas court to grant the divorce is the 61st day from the date the divorce petition was filed. This is commonly referred to as the “Cooling Off Period.”

ARE THERE ANY EXCEPTIONS TO THE 60-DAY WAITING PERIOD?

The answer lies in one key word – “may.” Had the statute read, “a court shall not grant a divorce before the 60th day…” there would be no exceptions. However, it reads ‘may,’ so those exceptions include:

If the court finds that the marriage was void or grants an annulment;
When the court finds a party has been convicted or received deferred adjudication of an offense involving family violence under section 71.004 against the other party or any other member of the party’s household.
When a party has an active protective order under title 5 or active magistrate’s order for emergency protection under article 17.292 of the Code of Criminal Procedure; or
Upon a party showing “good cause.”

To learn more about family violence and protective orders, click here for my blog article.

IT ONLY TAKES ONE TO TANGO IN DIVORCE - IT WILL MOST LIKELY TAKE MORE THAN 61 DAYS

Look, you and your spouse have some differences and are not getting along, that’s why you are here. That is okay, you are far from alone, and new beginnings await. “But I didn’t do anything,” is the all too familiar phrase that would come out of my mouth as a child when my dad confronted me about a problem with my sister. My dad’s answer was always the same, “Ryan, it takes 2 to tango.” He was right. However, decades later, I have found the exception – Divorce. One spouse’s spite and stubbornness is all it takes to cause significant delays in the divorce process due to purposeful stalling. This is especially true when the spiteful spouse has an attorney that is unable to manage the client, and this is not uncommon. How can one mitigate this damage caused by a stalling spouse? Well, go back and re-read the first paragraph of this article, and find yourself a qualified divorce attorney that has experience navigating this situation.

PROPERTY DIVISION – SEPARATE PROPERTY & COMMUNITY PROPERTY

Whether you possess property that you had prior to the marriage, obtained by gift, inherited from a loved one (Separate Property); or acquired during your marriage whether in your name, your spouse's name, or both names (Community Property), you MUST disclose all of it! This disclosure of property is done through the discovery process.

Disclosing property requires obtaining records, and if there is extensive property, you can expect the requests for discovery to be extensive. Records requests can be a painstakingly slow process, and the time it takes for the processing company to fulfill the request varies. Your attorney must stay on top of deadlines and take appropriate remedial actions whenever discovery requests are not completed or deficient. Also, you must be proactive when your attorney requests information from you. If you and your attorney are able to diligently work together on fulfilling the requests from the other side and staying on top of deadlines, the faster you can get to the finish line.

CHILD CUSTODY AND CHILD SUPPORT

If you and your spouse cannot agree on issues regarding conservatorship, visitation, and child support, or at least agree on some of the issues, it will be a lengthy lawsuit. Unlike the actual divorce and property division, issues such as conservatorship, visitation, and child support are all issues that can be modified after the divorce is finalized. So, it is best to get it right the first time around to avoid possibly having an ongoing lawsuit until your youngest child is an adult. This is also the reason many parents will not go down without a fight and will hold their ground until a judge or jury decides the best interest of their children for them. It is important that you have a divorce lawyer that is an aggressive litigator when this is the case, and it is equally important that your lawyer has the litigation experience to set reasonable expectations with you prior to that happening.

As you can see, there are many factors that will determine how long your divorce case will take. Some of these factors are not in your control, and some of them are in your control. Attorney Ryan Putz is attentive, reputable, and personable – Contact him today for a consultation and get the representation you need and deserve.