Why is this divorce taking so long
Getting a divorce is tough. It can be really complicated and bring up a lot of feelings. In Texas, it’s important to know how long it might take for a divorce to be final. How long it takes can change based on a few things like if the people getting divorced agree on everything, how complicated the things they must decide on are, and how busy the court is.
In Texas, there’s a law that says you can’t officially be divorced until at least 60 days after you first file for a divorce. This 60-day time is sometimes called a “cooling-off” period. It’s meant to give the spouses some time to think about if they really want to get divorced or if there’s another way to solve their problems. But remember, this 60 days is just the least amount of time it can take. It can take a lot longer to get a divorce.
If the spouses can’t agree on everything, which is called a contested divorce, the court might ask the spouses to come to an agreement on their own through something called mediation before they go to trial. If there are kids involved in the divorce, Texas courts won’t make the divorce final until at least the 61st day after the divorce was filed unless there’s a really good reason not to wait that long. This is according to the Texas Family Code, Section 6.702. This wait is to give the spouses time to figure out who the kids will live with, when the kids will see each parent, and how the kids will be taken care of financially. But remember, this 61 days is just the least amount of time it can take. It can take a lot longer to get a divorce when kids are involved.
Something else that can affect how long the divorce takes is how complicated the property issues are, i.e., who gets what property. In Texas, the law says that anything the people obtained while they were married is community property, which means both people have a right to it. The property must be divided in the divorce. But property that spouses had before they got married or that they got as a gift or inheritance need not be divided because it’s separate property. Figuring out which property is community or separate property can take a lot of time, especially if there’s a lot of property to go through.
How long it takes to get a divorce in Texas can change based on a few things. Talk to a lawyer who knows a lot about family law to make sure your rights are protected. A lawyer can help you understand the process and work towards the best outcome for you and your family.