Finalizing A Divorce In Texas

Divorce Timelines

How long a divorce takes can vary significantly. The primary factor that shapes this is whether the divorce is contested or uncontested.

In Texas, if a divorce is contested, it generally spans from a minimum of six months up to potentially a year. However, in some counties like Fort Bend, the process can extend as long as two years. Harris County issues a scheduling order outlining the steps necessary to finalize the divorce. This order specifies deadlines for activities such as mediation, pleading submissions, discovery completion, and trial or dismissal dates.

Failure to comply with the requirements outlined in the scheduling order can lead to the dismissal of the case. For example, in Harris County, attending mediation before the final trial is mandatory. Missing this mediation session could result in case dismissal on the scheduled trial date. It’s not entirely uncommon for people to opt to skip this session, causing the entire divorce process to take considerably longer.

The only real way to fast-track your divorce is for it to be uncontested. This requires you and your to-be ex-spouse to mostly agree on several key issues, including:

• Primary conservatorship;
• Visitation rights for the non-primary conservator;
• Child support and medical support payments;
• Division of assets and liabilities.

Reaching a consensus on these issues means you can avoid a drawn-out process, subject only to the mandatory 60-day waiting period I mentioned earlier.

Avoiding Litigation

Litigating family law matters should be an absolute last resort. You’ll save an immeasurable amount of time and avoid carrying a massive emotional weight on your shoulders.

Litigation demands concrete evidence. There’s no room for empty speculation or emotional claims. This can require digging into public records to retrieve things like police reports, arrest records, or medical documents. Getting this evidence, especially when it involves third parties, can be a lengthy process. Not only does this add time, but it also costs money.

Based in Houston, experienced family law attorney Daniel Ogbeide sheds light on divorce timelines in Texas. Drawing from years of experience helping individuals just like you through the divorce process, Ogbeide provides valuable insights into contested and uncontested divorces. Understanding how much of a drain on your time, money, and emotional energy litigation can be, he emphasizes the importance of avoiding it at all costs. With a focus on dialogue and negotiation, Ogbeide empowers clients to pursue efficient and amicable resolutions, minimizing emotional strain and financial burden along the way.

Worried you may be headed for litigation in a family law case? Call Daniel Ogbeide Law, PLLC for guidance that will steer you in the right direction.

The emotional toll of litigation on both parties, especially if any children are caught in the middle, can be incredibly significant. I’ve encountered situations where anger or a lust for revenge drove one party to intentionally prolong their divorce proceedings just so their to-be ex-spouse couldn’t marry the person they had an affair with, which prompted the divorce to begin with.

This emotional strain very often intensifies as a case drags on, sometimes to the point of outright exhaustion. It’s rare, but I’ve even had clients who were dead set on dragging things out for as long as possible abruptly do an about-face and instead desire to immediately wrap the process up, regardless of their original intent for revenge. Their exhaustion is what prompted this, more often than not. It saddens me when this happens, seeing my client lose six months of their life and thousands of dollars in the meantime.

On top of all this, opting for litigation often means relinquishing a significant amount of control over the outcome. Instead of negotiating with your spouse and their legal counsel, you place your fate in the hands of a judge or jury. This lack of control can be unsettling and may result in outcomes that neither party finds truly satisfactory.

In my practice, I always prioritize dialogue and negotiation. Even after being served with legal papers, my first step is to reach out to opposing counsel to explore potential resolutions. Attempting to maintain this open line of communication significantly increases the chances of seeing a case resolved without resorting to litigation.

This isn’t to say that exceptions don’t exist. They do, of course. If one of the parties has severe mental health issues, substance abuse, or abused a child, litigation might very well be unavoidable. However, for cases without these types of complications, I firmly believe that avoiding litigation at all costs can be far better, leading to significant savings and allowing you to redirect those funds toward securing a better future for your children, if you have any.

Avoiding Texas Courts

Although you cannot entirely bypass the court system when filing for divorce — you must file a petition in a county court at law, regular county court, or district court — you can minimize the court’s involvement.

After filing the petition, the court is notified of the divorce proceedings, but it doesn’t necessarily need to intervene immediately. Instead of requesting a court hearing, you can negotiate and reach an agreement on various divorce terms, such as property division, child custody, and spousal support. Once both parties involved and their attorneys finalize these terms in a final decree, it can be submitted to the court for approval. This process, known as proving up, involves confirming to the court that you and your to-be ex-spouse consent to the divorce, meet residency requirements, and are under the court’s jurisdiction or have waived their jurisdictional rights.

However, if you wish to maintain a level of confidentiality, there are alternative methods you can adopt. For instance, a final decree can be prepared without the judge’s signature, essentially acknowledging the parties’ agreement without making it a part of the public court record. While this approach allows for some privacy, the court must nonetheless still be informed and aware of the divorce terms to ensure transparency and legality.

For more information on Finalizing A Divorce In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 345-1988 today.

Based in Houston, experienced family law attorney Daniel Ogbeide sheds light on divorce timelines in Texas. Drawing from years of experience helping individuals just like you through the divorce process, Ogbeide provides valuable insights into contested and uncontested divorces. Understanding how much of a drain on your time, money, and emotional energy litigation can be, he emphasizes the importance of avoiding it at all costs. With a focus on dialogue and negotiation, Ogbeide empowers clients to pursue efficient and amicable resolutions, minimizing emotional strain and financial burden along the way.

Worried you may be headed for litigation in a family law case? Call Daniel Ogbeide Law, PLLC for guidance that will steer you in the right direction.