One of the most commonly asked questions by many individuals facing a divorce in Austin is how long it will take to finalize the process. While there is a minimum waiting period of 60 days from the date a party files a Petition for Divorce, it’s important to understand that this timeframe is just a starting point. The truth is, the amount of time it takes to finalize a divorce is different for everyone and depends entirely on each situation.
Understanding the Texas Divorce Process
In Texas, you must wait at least 60 days from the date a party files a Petition for Divorce to finalize the divorce. If the parties are able to quickly reach an agreement, it is doable to finalize a divorce in this amount of time. However, the majority of cases take longer than 60 days to complete. The duration of a divorce process is dependent on a multitude of factors such as:
- Complexity of the case: The complexity of a divorce case plays a crucial role in determining how long it will take to reach a final resolution. If the case involves significant assets, complicated financial holdings, or a complex child custody arrangement, the process will naturally take longer. Such cases often require extensive financial disclosures, valuation of assets, and the involvement of experts, such as forensic accountants or child custody evaluators. The more complex the case, the more time it may take to gather all the necessary information and negotiate a fair settlement.
- Level of conflict between the parties: The level of conflict between the parties involved can also have a massive impact on the timeline of a divorce. If the spouses are able to maintain a relatively amicable relationship and communicate effectively, it becomes easier to resolve disagreements and reach a settlement, speeding up the process. However, if there is a high level of animosity and ongoing disputes, it can significantly prolong the process. In such cases, negotiations may be more challenging, and extend the length of the divorce process.
- Number of disputed issues: Disputes can arise in various areas during a divorce, including child custody and visitation, division of property and assets, spousal support, and/or child support. When multiple issues are in contention, it can lead to prolonged negotiations and possibly even court hearings. Resolving these disputes takes time, as each issue may require careful consideration, negotiation, and potential court intervention if an agreement cannot be reached between both parties.
- Ability of both parties to cooperate in the process: The ability of both parties to cooperate and work together throughout the divorce process can significantly impact the amount of time it will take you to finalize your divorce. If both spouses are willing to collaborate, compromise, and participate in alternative dispute resolution methods like mediation or informal settlement conferences, it can help expedite the process. On the other hand, if one or both parties are uncooperative or unwilling to negotiate, it may be necessary to pursue litigation. When this occurs the length of time it will take to finalize your divorce usually lengthens.
Additionally it’s important to consider hiring an Austin divorce attorney to help you get through the divorce process. They can help make sure you are staying on track and meeting all the necessary deadlines.
Hiring the Right Austin Divorce Attorney
While you have the ability to represent yourself during a divorce, it is strongly discouraged, and for good reason. It is important to discuss with an experienced Texas family law professional the goals you have with respect to the completion of the divorce. In some cases, it is not beneficial to finalize the divorce quickly, especially if you believe there may have been fraud or waste by the other spouse or if you have not had full access to the finances. You also may want to postpone the finalization of the divorce so that you can test a temporary possession schedule of the children and make sure it is going well for everyone involved before finalizing it. Additionally filing for a divorce can require a significant amount of paperwork to be filed. The right Texas family law attorney in Austin can take care of this for you and ensure you don’t miss any important deadlines. Our experienced Texas attorneys at Deyerle Silva Smith will analyze your case and strategize with you regarding options moving your case forward as well as goals for the completion of the divorce.
At the end of the day, there is no definitive answer when it comes to the duration of the divorce process. Every case is unique and the variables involved may cause the process to last months or in some cases years. If you are considering a divorce, it is important to seek the advice of an experienced family attorney. At Deyerle Silva Smith we can help guide you through the divorce process and provide you with the best possible outcome of your divorce case. Contact us today.