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The question of how long a divorce can take is a common concern for those considering this big step. The truth is, like many things in life, there isn’t a definitive answer. The timeline can be complicated by myriad factors, which we’ll explore further. However, we can provide some guidelines to help you understand what you might expect when filing for divorce.
Texas Law: A Divorce Cannot be Finalized in Less Than 60 Days
The Texas Family Code stipulates that divorce proceedings cannot be concluded in less than 60 days, setting the minimum duration for a divorce in the state. It is important to understand that while this is the shortest amount of time it can take to finalize a divorce, it is certainly not the average length.ย Most divorces will take longer than two months, as we discuss below.
The Average Texas Divorce Timeline
Typically, in our practice, we find that most divorce cases in Texas reach a settlement within 6 to 9 months. During this period of time, parties are gathering necessary information, adapting to new custody arrangements, and negotiating agreements.ย Sometimes, parties need to go to court for interim issues, such as determining the possession schedule of the children, use of property like the marital residence, and financial support while the divorce is pending.ย Often times, mediation can be scheduled during this time frame as well. ย But what if conflicts arise and a settlement canโt be reached?
When Disputes Lengthen the Divorce Process: 12 – 18 Months or moreย
Sometimes, disagreements over where the children will live or the values of certain properties can escalate the conflict, making the process longer. If a settlement can’t be achieved, experts may have to step in to conduct investigations and valuations to present the judge with a clearer picture. This could prolong divorce proceedings to anywhere between 12 to 18 months.
In severe cases, high-conflict situations involving aggressive custody battles can extend the process even further โ taking 2 to 3 years for the divorce to be finalized. It becomes even more critical in these situations to understand where most controversies lie in the divorce process.
Can a Divorce take longer if there are kids in the marriage?
Every divorce journey, like your fingerprint, is distinct. The divorce proceedings, beginning with obtaining a court order and serving divorce papers to your spouse, require an answer to two deeply personal questions, “What matters most to me?” and “What am I willing to fight for?” The presence of children often provides an emphatic response to these queries.
Critical Factors When Children Are Involved in a Divorce
When children are part of the divorce proceedings, several factors require your attention:
- How old are your children?
- Is their safety with your spouse a concern?
- Are there major disagreements about your children’s upbringing, such as their value system, disciplinary methods, or their choice of school?
Three Important Aspects to Consider When Children Are Involved in a Divorce
Conservatorship
In Texas, it is presumed that both parents will be named as Joint Managing Conservators of the children – meaning that they will share in certain rights and duties regarding their children, such as education, medical and psychological.ย Also, it is standard for one parent to be named as the parent with the exclusive right to determine the primary residence of the child within a specific geographic area within Texas.ย If the parents are unable to agree on how these types of decisions will be made, then the court can appoint experts to help the court determine the best interest of the child.ย These experts may include other attorneys to advocate for the children, and/or a custody evaluator to investigate the circumstances and make a recommendation to the court.ย It is important to know that Joint Managing Conservatorship does not mean that decisions will be made equally, or that parenting time will be equal.ย It simply means that both parents have a role to play – and that role may vary from having an exclusive right, to a right to be informed or notified, to joint decision making.ย ย
There are circumstances, such as in cases of domestic violence, where one parent will be named as the Sole Managing Conservator of the child, and the other parent will be the Possessory Conservator of the child.ย ย
Unfortunately, disputes over any of these issues can greatly lengthen the time it takes for the parents to get divorced, and will also exponentially increase the costs of the divorce.ย ย
Possession Schedule
Parents will need to either agree upon a parenting time schedule, when they each will have time with their child.ย If they are unable to agree on a schedule, then the Texas legislature has adopted a โStandard Possession Orderโ that is presumed to be in the best interest of the child.ย In a Standard Possession Order, one parent is designated as the โmanaging conservatorโ and the other parent is designated as the โpossessory conservatorโ for purposes of determining who has a the superior legal right to possession of the child.ย The Standard Possession Order is broken into three main parts:
- Weekly possession during the school year.ย The possessory conservator will have possession on the first, third and fifth weekends of each month (determined by counting Fridays), from the time school is dismissed until school resumes.ย Also, the possessory conservator will have possession one weeknight on Thursdays each week, beginning at the time school is dismissed and continuing until school resumes on Friday.
- Summer possession.ย The possessory conservator will continue having possession on the first, third and fifth weekends of each month, beginning at 6 pm on Fridays and ending at 6 pm on Sundays.ย In addition, the possessory conservator will have extended possession with the child for a period of thirty days, the default period being July 1 through July 31.ย The managing conservator will have extended time with the child by selecting one weekend during which the other parent would have regular weekend possession, and also by selecting one weekend within the 30 day period.
- Holiday possession.ย The Standard Possession Order also includes a holiday schedule, addressing the following holidays:
- Thanksgiving
- Christmas Part 1/Christmas Part 2
- Spring Break
- Motherโs Day & Fatherโs Day
- Childโs Birthday
There are variations of the Standard Possession Order that apply for parents who live more than 50 miles apart, and more than 100 miles apart.ย ย
However, many parents prefer to deviate from these guidelines to accommodate their work schedules, and also when both parents work many parents elect to have a more equal share of parenting time with their children.ย . Essentially, the possession schedule can be as flexible as both parents agree to, but it can also prolong the process if they fail to agree.
Child Support
The financial support for children often becomes a stumbling block in divorces. If both parents reach an agreement on child support, they have the liberty to proceed as they wish, as long as their lawyers find the settlement reasonable after a careful review. This agreement must be filed with the court to be legally binding.
In the absence of such an agreement, the Texas family code provides a guideline that links the support to a percentage of income that is currently capped at $9,200 per month.
The Impact of Household Income, Property Ownership, and Personal Assets on the Length of a Divorce
As highlighted earlier, every divorce is unique, demanding answers to the important questions, “What’s worth fighting for?” and “What do I feel most strongly about?” Often, these questions revolve around household income, division of property, and property interests. The filing fee for a divorce varies based on county in which you are filing and whether or not you have children.ย . It’s always better if both parties can agree on issues like division of property and child custody. Hereโs some important questions to think about:
- Do you own a house?ย Whose name is on the deed?
- Is there a mortgage?ย Whose name is on the mortgage?
- Who will live in the house if it’s retained after divorce?ย Will you need to refinance the mortgage to remove the other party from liability, and possibly buy the other party out of their share of equity in the home?
- Do you have joint debt?ย How will you divide any joint debt?
- Do you own a business? If so, who are the owners?ย Are there restrictions on your ability to transfer ownership (e.g., a professional corporation)? What type of business is it?
- How will retirement benefits such as 401Ks and IRAs be divided?
- Do either of you work for a company that offers deferred compensation like stock options?
The array of possibilities is immense, making it essential to gather as much financial information as possible when filing for divorce. It’s always beneficial for both spouses to live in the state where they are filing. If your spouse lives in a different state, make sure you understand the laws of that state as well.
Utilizing Expertsย
In some cases, including those where valuable separate property is at stake, it may be necessary to hire outside evaluators to provide an unbiased and clear picture of the family’s financial situation, a significant aspect for both parties in the divorce proceeding.ย When valuation of assets are at issue, itโs not uncommon to rely upon the expert opinions of business valuation experts, real estate appraisers, and art and antique appraisers.ย When one or both of the parties is alleging separate property, then it may be necessary to have a forensic financial expert conduct a tracing of the separate property interests.ย Forensic financial experts can also be called upon when there are allegations of fraud or waste of community property assets.
Navigating divorce can be complex, especially when you are current spouse are not in agreement on the fundamental issues at stake.ย However, even when things are agreed, it is still helpful to rely upon a seasoned professional to help you navigate the legal system and make sure that the agreements are memorialized properly so that you donโt have complicated issues down the road.ย The attorneys at Hargrave Family Law are experienced when it comes to helping people find peace and closure, whether thatโs in a complex divorce with many experts or a simple divorce that reflects the agreement of the parties.ย ย
