A divorce is a very personal thing. The timeline depends on the specifics of your case, but what remains true in every case is that when you work with a San Antonio divorce attorney, you can expect your case to go as quickly as possible under the circumstances. Let’s talk through how long divorce takes generally and some of the things that can shorten or extend the experience.
How Long Does a Divorce Take in Texas?
In general, you should plan on it taking at least six months. If you have an uncontested divorce, which is where you and your spouse agree on every detail and can come to a settlement agreement quickly, it’s possible to get a divorce done even faster: sometimes as quickly as two to four months. But it’s wise not to bet on this. Even when a couple wants to get divorced and believes that they agree on everything, when it actually comes to sitting down and making that agreement, it’s not unusual for them to find that there’s something one or both of them cares a lot more about than they thought. This can create conflict that extends negotiations as you seek a workable compromise.
If you have a contested divorce, or if you have a very complicated divorce involving valuable assets, children, and spousal support, you should plan on your divorce taking at least a year. It can go even longer if one of the spouses is hiding assets, if one of you is opposed to the divorce and wants to fight it at every point, or if you just cannot come to an agreement about anything.
What It Takes to Get an Uncontested Divorce
Naturally, many people hope to get an uncontested divorce so things will go quickly. To qualify for this, you need to both agree that you want to end the marriage. You have to both agree on the reason or grounds for the divorce, as well. The most common grounds in an uncontested divorce is “insupportability.” This simply means that you cannot get along and there is no hope of retrieving the relationship. However, you might also agree on other grounds. For example, Texas allows divorce on the grounds of adultery, and if one partner wants to leave the marriage to be with someone else, and the betrayed partner once the betrayer out of their life, the couple may agree on the grounds of divorce.
The next thing you must agree on is how you’re going to distribute your property. Texas aims for an equitable split of marital property, which includes all property that was acquired by either party during the marriage. It also includes any separate property that was mingled with marital property at any point. So, for example, if one of you owned a business before the marriage, that business could be separate property: but if the other spouse worked at the business after the marriage or kept the home and supported the business-owning spouse in other ways that allowed them to concentrate on growing their business, the business becomes marital property.
To qualify for an uncontested divorce, you cannot have minor children, or you must completely agree on all issues of child support and child custody and visitation. Neither of you can be going through bankruptcy to file for an uncontested divorce, and you must either not be seeking spousal maintenance (otherwise known as alimony) or you must agree on the amount of spousal maintenance and how long it should be paid.
Don’t Forget to Factor the “Cooling Off” Period
Texas has what’s known as a “cooling off” period written into the family code. After you file your divorce petition, the court cannot enter a divorce decree until a minimum of 60 days has gone by. This means that the fastest you could ever get divorced would be 61 days, or just about two months. The reality is that even with an uncontested divorce, it usually takes a bit longer than this because there can be delays in scheduling a time for the final hearing.
Things That Can Extend a Divorce
As you can probably tell from the description of an uncontested divorce, there are many little things that could extend your divorce proceedings. If you’ve been married a long time, figuring out how to divide your property fairly can be tricky. As mentioned above, the courts aim for an equitable split, not a 50-50 split. In many marriages, especially marriages that have lasted for years, it’s common for one partner to concentrate more on their career and the other partner on the home. This means that when they split, the partner with more career experience and training is better able to make a living. The courts will want to see this taken into account as the assets are divided.
Other things that can greatly extend a divorce timeline are disagreements about child custody. Custody in Texas is referred to as “conservatorship.” Managing conservatorship refers to the right of a parent to make key decisions about a child’s life, such as where they go to school. Possessory conservatorship refers to the right to have the child live with you. Both types can be sole or joint, depending on the situation. The court’s default is to assume that it is in the child’s best interest to have both parents involved in their lives as much as possible, so if one parent feel strongly that the other parent should not have conservatorship, there can be a hard battle ahead to provide definitive proof that will convince the court of this.
Couples who own a business together also typically have longer divorces. Figuring out how to divide the business equitably, whether to continue as business partners but not life partners, properly valuating the business and each spouse’s contribution to it: all this takes time and effort. Divorce also usually takes longer when couples have numerous assets that have to be inventory, valuated, and then divided. Finally, if you are divorcing on fault-based grounds or there are issues with domestic violence or abuse, this can also slow things down.
Speeding Things Up With Your San Antonio Divorce Attorney
Whatever your situation, whether you’re looking at a contested or uncontested divorce, the fastest way to get through it is with the help of an experienced attorney. In an uncontested divorce, your attorney can help you to discuss things together quickly, hammer out a settlement that the courts will find acceptable, and then file all the complicated paperwork the right way the first time, so there are no delays in the process.
If you’re facing a contested divorce, having a lawyer becomes even more important. A lawyer protects your interests while also keeping you moving in the right direction. When emotions threaten to take over and make it hard for you to make a decision, your lawyer can help you stay focused on your long-term goals and the best interests of your children. From helping you investigate assets that your spouse may be hiding to getting you protective orders from an abuser or providing a buffer between you and your spouse as you negotiate, there’s a lot that a lawyer can do to make this process quicker and smoother.
