How Long Does an Uncontested Divorce Take in Texas?
How long does an uncontested divorce take in Texas? This is an essential question for couples looking to separate amicably. Finalizing an uncontested divorce will take at least 61 days. However, it is not uncommon for it to take several months from start to finish.
When it comes to how long an uncontested divorce takes in Texas, there are a few things to be aware of regarding the process and factors that may impact the overall length of time. Before starting the plunge and initiating divorce proceedings, use our guide below to learn more about uncontested divorce in Texas and see how the family and divorce attorneys at The Larson Law Office can help you move forward today.
First Things First: What Is an Uncontested Divorce?
There are two types of divorce in Texas: contested and uncontested. This guide focuses on how long it takes to finalize an uncontested divorce. But what exactly is an uncontested divorce?
In short, an uncontested divorce is one in which both spouses mutually agree to end their marriage and have resolved all underlying issues relevant to the termination of their marriage, including topics such as property division, spousal maintenance, and child custody and support, without the need for court intervention. Conversely, in a contested divorce, the parties will dispute various aspects and terms of the divorce.
How Long Does an Uncontested Divorce Take in Texas?
An uncontested divorce in Texas takes a minimum of 61 days due to the mandatory waiting period. Many uncontested divorces can be finalized in 3 to 4 months. However, the process often extends to a few months to finalize due to negotiation, paperwork, and court schedules.
Process and Timeline for Uncontested Divorce in Texas
Most uncontested divorces in Texas will follow the general process:
- Negotiation between the parties regarding the terms of the divorce,
- Drafting and filing the petition for divorce with the court,
- Waiting the mandatory 60-day waiting period,
- Attending a court prove up hearing,
- Review and approval of the divorce agreement by the court, and
- Obtaining a final divorce decree from the court, finalizing the divorce.
That said, each case is different and may vary slightly depending on the factors surrounding your case.
Factors That Can Impact Total Uncontested Divorce Time in Texas
Although an uncontested divorce may, in theory, be finalized in as little as 61 days, this is not always the case. Below are some factors that can impact the total amount of time that a divorce may take:
- Whether and to what extent discussions and negotiations are required regarding certain terms of the divorce;
- The length of time it takes to prepare, review, revise, and file any court documents;
- Court processing time; and
- The court’s caseload may impact when cases can be reviewed and hearings can be scheduled.
If you have questions about navigating the uncontested divorce process and minimizing delays, consider speaking with an experienced Texas divorce attorney today.
Questions About Texas Uncontested Divorce? Speak with The Larson Law Office Today
At The Larson Law Office, PLLC, we focus almost exclusively on family law and divorce cases in the greater Houston area. We also pride ourselves on providing honest evaluations and creative solutions that best meet our clients’ needs.
If you’re not sure yet whether you’d like to hire an attorney, that’s okay—we understand that hiring legal counsel may not be suitable for everyone.
To help you decide, call for a free consultation to speak directly with one of our attorneys and see what our team can do for you.
FAQs
What Is the Average Length of Time for a Texas Uncontested Divorce?
Texas has no “average” length of time for an uncontested divorce. This is because the timeline can vary widely from case to case, even when the divorce is uncontested. Many uncontested divorces can be finalized in 3 to 4 months. Ultimately, the total time your uncontested divorce might take depends on your case’s complexity and details.
Does Contested Divorce Take Longer Than Uncontested Divorce?
Yes, contested divorces typically take longer than uncontested divorces. This is because a contested divorce will involve disputes regarding the underlying terms of the divorce. As such, the parties will typically have to present evidence and arguments in support of their position before the court before their divorce can be finalized.
Do I Need an Attorney to Represent Me in an Uncontested Divorce in Texas?
Technically, no. You are not required to hire legal counsel to proceed with a Texas divorce. There is no legal impediment for parties in an uncontested divorce to represent themselves. Nevertheless, even in uncontested divorces, where the parties can ultimately agree to the terms of their dissolution of marriage, an experienced family law and divorce attorney can provide several benefits and help you finalize your divorce in as timely and amicable a manner as possible.