Divorce attorneys get this question all the time, and the answer, unfortunately, is the most-used phrase in a lawyer’s dictionary: “it depends.” There is a short answer and a longer more correct answer. The short answer is that all divorces must be granted by a judge in order to become effective in Texas, and a judge cannot grant a divorce unless at least 60 days have passed since the filing of the petition.
The longer more correct answer is that the length of a divorce proceeding depends on what issues are actually in dispute. If the spouses are in agreement on all issues, the proceedings can be quick and end in a settlement without the need for trial. But if the spouses disagree, then there will likely be hearings in front of a judge, mediation, discovery, and potentially a final trial. Even setting a case on the docket for trial can take months by itself.
As a preliminary issue, there are also residency requirements which must be met before a divorce can even be filed. One spouse must have lived in Texas for at least the past 6 months and must have lived in the county in which he or she wants to file for at least 90 days. Divorce is a tricky and time-consuming process. Kirker│Davis can help.
If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need a team of highly experienced divorce litigation attorneys who will zealously fight for your rights. Contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.