How Long will your Texas Divorce Process take?
If you are going through a divorce in Houston,Texas or any other city in this state, you very likely want to get through this difficult period in your life as quickly as you reasonably can. While every divorce is unique to its own set of circumstances and will follow its own timeline, there are some contributing factors that can help you estimate how long it will likely take to finalize your divorce. Divorce is complicated; if you are facing a divorce, seek the professional legal guidance of an experienced Houston divorce lawyer today.
Key Factors to Consider with Your Divorce
There are six key factors that can all play a significant role in how long it will most likely take you to process through your divorce in Texas.
1. The Mandatory Waiting Period for Divorce in Texas
There is a mandatory waiting period of 60 days after filing for divorce in Texas. Although judges can waive this requirement, they rarely do so – typically only extreme circumstances, such as an imminent deployment, warrant such a waiver.
2. Child Custody Arrangements
If children are involved, it’s likely to slow down the process. Both parents naturally want what’s best for their children, and child custody arrangements are typically the number one issue of concern for divorces involving children. Unfortunately, both parents don’t always agree on what’s best for their children post-divorce. If you and your spouse can’t agree on the matter, the court will do it for you, and this can become a lengthy process because it involves the court ascertaining what it determines to be in the children’s best interests. In Texas, your divorce cannot be finalized until child custody arrangements are addressed.
3. Uncontested Divorce
If you and your divorcing spouse agree about the major components of your divorce, including child custody arrangements, the division of marital property, and other financial issues, your “uncontested divorce” is far more likely to move forward quickly. It’s important to recognize, however, that divorce is fraught with emotion and stress, and a divorce that begins amicably enough can quickly head in a much more contentious direction. If you can hammer out the important details about your divorce with your spouse, you’ll be well on your way to streamlining the process.
See our article, “Uncontested Divorce: Doing it the Nice Way”
4. Contested Divorce
While the division of marital property and child custody arrangements are typically the two most complicated divorce issues, there are myriad details involved, and if one or the other of you decides to drag his or her heels or to make waves about minor details, the divorce process could go on for an extended period of time. Contested divorces can be emotional, and it can make otherwise reasonable people do exceedingly unreasonable things. There is only so much that you can control in a divorce, and if your soon-to-be ex takes it upon him or herself to drag things out, there is probably very little you can do about it. Often, choosing your battles and letting go of minor skirmishes is the best path forward. Your experienced Houston divorce lawyer will help you better understand those decisions that matter and those that are less important.
5. Owning an Dividing a Business during Divorce
If you and your divorcing spouse own a business together, it complicates things and will almost certainly slow the divorce process. It’s exceedingly difficult to put an absolute value on a business because there are typically so many variables to consider. It can be more difficult still for both of you to come to an agreement on that value. Further, if one or the other of you is walking away from the business, it can lead to further emotional upheaval. Often, the best way forward is to agree with your spouse about whom to hire as a business valuator and to agree to proceed with the value that’s forthcoming.
Owning a business can provide an unscrupulous spouse with more opportunities to hide assets. The intricacies inherent to running a business provide ample avenues in which to obfuscate financially. If you are going through a divorce that involves a family business, you need a skilled Houston divorce attorney who has extensive experience with such cases.
Readers also read the related Houston Family Law Blog article, “Divorcee and Property Division in Texas: What Happens to the Family Business”
6. High Asset Divorce in Texas
If you are embarking upon a divorce involving high assets, it’s going to slow the process down considerably, but protecting your rights is far more important than expediency in such a situation. The higher your assets, the more complicated your finances are likely to be, and the more work involved in the division of marital property. In Texas, your marital property won’t necessarily be divided evenly between you, but instead, the court – with its extensive discretion – will determine a division that is “just and right.” Obviously, the court’s determination of what is just and right may not coincide with your own. High assets in a marriage – which often involves owning a business – means that there is more wiggle room for an underhanded spouse to hide assets and to generally make it more difficult for your marital property to be divided fairly. If significant assets are involved, it’s imperative that you work closely with a dedicated Houston divorce attorney. This is no time to be in a rush.
You may also want to read, “Property and Debt Division in Texas, What you Should Know”
If You Are Going through a Divorce, You Need an Experienced Houston Divorce Lawyer
Every divorce follows its own path to finalization, and sometimes it’s difficult to predict which divorce will proceed apace and which will falter. If you are facing a Texas divorce, you need professional legal counsel, and the dedicated divorce lawyers at the Rudisel Law Firm, P.C., in Houston, are here to help. Divorce is never easy, and you naturally want yours to be finalized as quickly as reasonably possible. It’s important to remember, however, that your final divorce decree will have significant implications for you and your children’s financial futures. Work closely with your experienced divorce lawyer to ensure that your rights are well protected. Our dedicated legal team has the skill, knowledge, and determination to aggressively advocate for your best interests throughout the divorce process. Your case matters, so please contact or call us at 713-781-7775 for more information today.