In the state of Texas, a couple wishing for divorce must wait at least 60 days from the day in which the divorce was filed. The 60-day minimum is mandatory, except under certain exceptions, such as instances of domestic violence. However, in most cases, the length of time it will take to finalize your divorce depends on how cooperative your spouse is, and how well the two of you agree. If the two of you reach an agreement, it is likely that the divorce will be finalized relatively quickly and possibly at the end of your 60 days wait. If an agreement cannot be reached, then a trial may be necessary.
Court intervention requires extra time and money, resulting in a longer wait for both partners. Some courts require your case to be heard in a short time period, while others may not see your case as a priority, pushing it back for an unknown length of time. Your attorney is likely familiar with the average time period it takes for your case to go to trial in a particular court.
Other Waiting Periods
- Official Service Cases: If an official process server serves your spouse, you must wait 21 days for a response from your spouse. The 21 days may or may not overlap with the mandatory 60 day waiting period. Additionally, a return of service must be on record at the District Clerk’s office for at least 10 days.
- Posting Cases: If your spouse was served divorce papers by posting, he or she is granted an additional 7 days to the 21 day waiting period, though he or she can answer up until the divorce is finalized.
Call an Attorney
Divorce is often a lengthy process, but a caring and knowledgeable attorney can allow for a quick, smooth process. Call our Houston divorce lawyers at the practice of Holmes, Diggs & Sadler at (713) 766-5355 today to schedule a consultation.