When Frank and Sue decided to get a divorce last month, they each hired an attorney and filed their paperwork as fast as they could. In their mind, that was the quickest way to get the ball rolling and ensure that each of them could go their separate ways sooner rather than later. While Frank and Sue certainly had the right idea, they overlooked one important detail regarding how quickly a judge would hear their divorce: There is a waiting period for divorce in Texas.
A waiting period? If this fact caught you by surprise, too, you are not alone. Sure, not every divorce case is contested, and in many situations, your family lawyer could have you divorced pretty fast. But the process could still take a while.
The judicial process is not fast
A judge cannot rule on a divorce case in Texas for at least 60 days after the petition is filed. The reason for the waiting period is that the Texas Family Code mandates that couples wait at least 60 days to ensure a divorce is what they want. In Frank and Sue’s case, for example, they could have a change of heart and realize that they still love each other and want to work through whatever problems led them to this point.
Even if Frank and Sue stay firm in their decision, there is no way to avoid it unless the case involves domestic violence. On top of that, if their case goes to trial, they may have to wait to get on the court’s calendar, which could already be full.
From there, how long the case takes depends on the complexity of the issues:
- Custody rights
- Division of personal or real property
- Mounting attorney costs
- Complex financial negotiations
- Missing documentation
- Various motions that may or may not be filed
- Degree of difficulty for the case
- Potential third parties
- Unforeseen circumstances
We know this may not be exactly what you want to hear, especially if you have convinced yourself that you and your spouse should get divorced as quickly as possible. But it is better to follow the normal flow of the divorce process — including a waiting period — and seek guidance from a knowledgeable family law attorney.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the stress that naturally comes with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of experience in family law to every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.