How Long Will My Divorce Take?
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 ProcessIn 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.
Hiring the Right Austin Divorce AttorneyWhile 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.
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"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."
"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."
"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."
"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"
"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."
"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."
"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."
"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."
"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."