How Long Does It Take to Get Divorced?
The statutory divorce waiting period in Texas is 60 days. Therefore, you will have to wait at least 60 days from the time the petition for divorce is filed to legally divorce. In most cases, your divorce will take longer than 60 days. The process between filing the original petition and final orders being granted will vary case to case. Factors to consider involve the complexity of the case, whether the other spouse is available for service, whether are children of the marriage, and the extent of property owned by both spouses.
The divorce process as a whole can potentially take years. Spouses with homes, pensions, businesses, and other appreciable assets must find a way to dispose of and divide all of the marital estate before a final divorce decree can be entered. The decree must be very specific as to how the estate will be distributed in order to insure enforcement. Each spouse must agree to an itemized inventory and appraisement value list. The inventory and appraisement will show the exact amount of division that will be entered in the final decree. The process of dividing the marital estate can be very timely. Remaining patient is important to insure that your attorney is obtaining you the best distribution of the marital estate.
When there are children born of the marriage, child custody, support, possession, and access must also be determined before finalizing a divorce. Many times parents will not agree on who should get the children and how much child support one parent should receive from the other. Time spent sorting out these issues will allow for the result to represent what is in the best interest of the children. Children are strongly affected by the divorce process, therefore, making sure their needs are sufficiently taken care of may require additional time during the divorce process.
Another time hurdle that may arise during the divorce process can caused from the inability to serve a spouse with documents which gives them notice of the divorce being filed. Due process of the law requires that the spouse not filing for the divorce, be served with the divorce petition and allow the spouse adequate time to obtain counsel and file a response. If you have been served with a divorce petition, time is of the essence and should see an attorney immediately.
The divorce process can be timely, but it is in your best interest to diligently work out every aspect before the final decree is entered. Sorting out the meticulous details will only benefit you in the long run.