Texas Contested Motion re Divorce (M-400)
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FAQ
If your spouse refuses to sign a settlement, you have a contested divorce, meaning that a judge may eventually need to decide one or more issues that you and your ex can't agree upon. It's common for one spouse to desire to argue and draw out the divorce to hurt or punish the other spouse.
If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have sufficient property or earning ability to provide for their own minimum reasonable needs. Tex. Fam. Code Ann.
Texas requires a 60-day ?cooling off? period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.
You have 30 days from the date the judge issues the final divorce decree to file a notice of appeal. Then, after the trial court sends the record of the proceeding to the appellate court, you have 30 days to file your appellate brief. Generally, you can't raise any new evidence in an appeal.
The length of a contested divorce in Texas varies depending on the complexity of the case and the level of disagreement between the spouses. On average, a contested divorce can take anywhere from 6 months to 2 years or more to be finalized.
A simple uncontested divorce could take as little as two-to-three months. A contested divorce in Texas, on the other hand, could take anywhere from 9 months to two years.
On average, a contested divorce in Texas costs about $15,600. However, the overall divorce cost depends on many factors, including legal assistance, marital assets division, custody battles, and the complexity of a contested case. The most expensive part of a contested divorce is legal assistance.