In Texas, the divorce process is not quick. In order to give both parties a fair shot, the divorce process involves a number of steps and waiting periods. Knowing what to expect at each stage can help you plan ahead and avoid unnecessary setbacks.
“Many people think divorce is just filling out some forms, but that is not true. It is a legal process with rules, and every delay happens for a reason,” says Texas family law attorney Matt Towson of Towson Law Firm, PLLC.
The following is a breakdown of the steps in the divorce procedure in Texas, so you are aware of what is happening every step of the way.
Filing the Petition and Starting the Waiting Period
In Texas, you have to wait a minimum of 60 days before the court can finalize a divorce. This gives both people a chance to calm down and think about what they want to do.
This is also the time they talk about splitting up their property and what they want to do about the children, if they have not yet figured that out. The only way this waiting period will be shorter in Texas is if domestic violence and a protective order are involved.
Temporary Orders and Early Hearings
Once both people are a part of the case, a hearing for temporary orders will be scheduled. This could be in as little as a few weeks or as many as a couple of months. It all depends on the court’s schedule and what they deem a priority.
If a party needs immediate relief, the court can expedite the process and schedule a hearing in as few as a couple of days. This hearing will often be set for one to two months out.
Discovery and Negotiation Timeline
Discovery takes anywhere from two to four months, depending on how messy everyone’s finances are and how fair each party is willing to be. Both spouses will be asked to turn over documents such as tax returns, bank statements, and information about what they own.
Next is negotiation or mediation. If no one is contesting, it may take only a few weeks to complete. However, if it is contested, especially if children or property are involved, it may take months.
Final Hearing or Trial Timeline
After discovery, the case is ready for a final hearing or trial. If the parties are aligned, the final hearing can be set shortly after the 60-day waiting period, making the process only two to three months long from the time of initiation to completion.
However, if things get messy and it is a disputed case, you are basically at the mercy of the court’s schedule. Setting up a trial date can sometimes take up to six months or even a year. This is typically the result of a hectic court schedule, incomplete paperwork, or persistent problems.
The Effect of Time
As a divorce case goes on for a long time, not only do you spend money, but you also spend a lot of time and stress, which sometimes gets out of hand. All that waiting and going back and forth just gets to everyone involved in the case. As explained by the Cornell Law Institute, divorce proceedings involve mandatory waiting periods and structured legal steps that vary by state.
If you can share all your documents right away, avoid all the unnecessary bickering, and opt for mediation rather than a trial, the process goes faster. It also helps to have an experienced family law attorney who knows how to maneuver the Texas court system.
Choosing the Right Lawyer for a Smooth Divorce
When choosing a family lawyer for your divorce case, consider choosing someone who is familiar with Texas family law and the court system. A good family lawyer should be able to settle your divorce case quickly without prolonging it unnecessarily. Look for someone who communicates clearly and keeps you informed about what to expect at each stage of the process.
A lawyer who is good at negotiation and mediation may be able to settle your divorce case quickly, which will save you time and money. Having the right legal support from the start can make the difference between a smooth process and one that drags on for months longer than it needs to.
