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There is no need for a formal trial in an uncontested divorce. Most of the time, the judge will go ahead and grant the divorce under the agreed terms. In Texas, there is a mandatory waiting period until the divorce becomes law. This period is 60 days in most cases.
How long will my divorce take? In almost all cases, you must wait at least 60 days before you can finish your divorce. There are only two exceptions to the 60-day waiting period. Both exceptions involve family violence.
Theoretically, the least amount of time it can take to get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the court's docket and the schedules of all the parties involved.
How Much Does an Uncontested Divorce Cost in Texas? The average cost of uncontested divorce in Texas ranges between $300 and $5,000, depending on whether lawyers are involved. In general, it is the cheapest and the quickest option available in any state.
Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.
The Hearing The judge will then sign the divorce decree to make the divorce final. Unless there was family violence, the judge can't finalize a divorce at the hearing until 60 days after the petition for divorce was filed. Keep that in mind when "setting," or scheduling, your hearing.
An average divorce in Texas usually takes six months to a year, depending on the complexity of the case. 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.
Step 1: Grounds for Divorce. Step 2: Filing the Petition for Divorce. Step 3: Providing Your Spouse with Notice. Step 4: Your Spouse's Answer and Counterpetition.