Yes, many unexpected delays can occur that extend the timeline for getting a divorce, even when your spouse is not contesting anything. Major causes of delays can include mistakes on paperwork and a congested court docket. Even if the divorce began with spouses largely in agreement, things can change. If a party decides to alter the terms of the agreement, you can expect further delays in finalizing the divorce.
How Long Does an Uncontested Divorce Take in Texas?
While it’s never easy for a marriage to end, uncontested divorces certainly are much easier on spouses. In a sense, uncontested divorces are making the most out of a bad situation, allowing spouses to put their differences aside to quickly create a fair marital agreement. But despite their relative simplicity, these cases aren’t always quick. So, how long does an uncontested divorce take in Texas?
The Walke-Wilson Firm is here to answer that question and offer guidance through your divorce.
What Is an Uncontested Divorce?
An uncontested divorce occurs when spouses agree on nearly all key terms, including asset division, child custody, debt allocation, and spousal support. That means these cases are often resolved faster and more cheaply than ordinary or high-conflict divorces. Alternatively, a divorce can be uncontested if a spouse does not reply to being served with divorce papers. In these cases, the court enters a default judgment. However, default judgments are rare.
The Minimum Waiting Period for Divorce in Texas
Even if spouses are in total agreement on the terms of their divorce, they cannot end their marriage immediately. Texas law states that spouses must wait at least 60 days after initially filing for divorce before the court will finalize it. There are limited circumstances where the court could rule sooner than that, including cases involving domestic violence.
There are other laws to consider when filing for divorce. Either party must have lived in the county they’re filing in for at least 90 days, and they must have lived in Texas for at least six months. Know that in Texas, 75% of uncontested divorces were resolved within eight months of filing.
Timeline of an Uncontested Divorce
The timeline for an uncontested divorce is relatively straightforward. If you’re filing an uncontested divorce, you can expect to go through the following process:
- Preparation before filing. Before filing, work with your spouse to create an agreement on the terms of divorce.
- Filing the initial petition for divorce. The process officially starts when you file the petition for divorce with your local district court.
- Serving the other spouse. After filing, you must serve the other spouse with the petition or have them sign a waiver of service.
- Waiting the 60-day period. State law requires you to wait 60 days in almost all cases. During this time, spouses will complete the necessary paperwork and work so that the agreement is fair and enforceable.
- Final hearing. The spouses will appear in court for a final hearing, where the judge will review the agreement and decide whether to approve the divorce.
- Signing the decree. As soon as the judge signs the decree, the divorce becomes finalized. In uncontested divorces, this usually happens quickly after the waiting period is up.
Keep in mind, court docket congestion can make the process take longer. With a divorce rate of 2.1 per 1,000 residents, the family court system sees thousands of cases every year.
Speeding Up the Divorce Process
While the process of an uncontested divorce is already pretty quick, there are steps you can take to speed it up even further. After the 60-day waiting period, the biggest causes of delays are issues with paperwork, missed deadlines, and unexpected last-minute disagreements. To avoid these issues, turn to the Walke-Wilson Firm for assistance with your uncontested divorce case.
Even if you and your spouse fully agree to the terms of the divorce, it is wise to have an attorney review the agreement to make certain it is fair. Keep in mind, a judge can refuse a divorce agreement if they find one spouse is being taken advantage of.
FAQs
Do Uncontested Divorces Go to Court in Texas?
Yes, even uncontested divorces go to court in Texas. Spouses are required to appear at least once in court to finalize the agreement they have created together. A judge will review the divorce agreement to make certain that its terms are fair and legal. Even if the spouses are in complete agreement, the judge can refuse to issue a final divorce order if they have problems with the agreement.
What Is the Fastest Way to Get an Uncontested Divorce?
The fastest way to get an uncontested divorce is to file for a no-fault divorce based on irreconcilable differences with a signed and notarized marital settlement agreement. Your attorney can work with you to help you create a fair divorce agreement quickly. Regardless, you have to wait at least 60 days after filing for your divorce to finalize, according to Texas law.
How Much Would an Uncontested Divorce Cost in Texas?
How much an uncontested divorce costs varies from case to case. Generally speaking, they are cheaper than other divorces, because parties save on court costs and attorney fees. Still, there are filing fees, and spouses will likely work with an attorney to create an equitable divorce agreement. You can expect to spend a few thousand dollars if your case is straightforward and everyone agrees on the terms.
Hire a Divorce Lawyer From the Walke-Wilson Firm
Texas divorce laws lay out clear rules and regulations when it comes to filing for divorce. Even if you’re filing an uncontested divorce, you should hire a divorce lawyer so that the agreement is fair and enforceable. Otherwise, you run the risk of having a judge refuse to issue the final decree.
Contact the Walke-Wilson Firm today to discuss your case and learn more about our services. We can help you throughout the process so that your uncontested divorce goes as smoothly as possible. It is never easy when a marriage ends, but we’re here to provide the dedicated and compassionate support you deserve.
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