Can you fast track a divorce in Texas? (2023)

What's the fastest you can get a divorce in Texas?

Except for situations involving domestic abuse or where one spouse has been convicted of a crime, sixty days is the shortest possible time frame for a Texas quickie divorce. The sixty-day waiting period allows you and your spouse to reflect on your decision to get divorced.

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.

An uncontested divorce can mean either an agreed divorce or a default divorce. In an uncontested divorce, there are no disagreements about what the parties want to happen. Uncontested divorces are usually much simpler and faster than contested divorces.

Once you file your divorce petition, you must wait at least 60 days before the court will divorce you. The Texas waiting period for divorce means that the soonest you can get a divorce is 61 days after you file. In practice, many people need to wait more than 61 days, even if they are having an uncontested divorce.

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.

In Texas, it's possible to get a divorce without going to court – or by just appearing one time for a final “prove-up” hearing. To achieve this outcome, the divorce has to be uncontested, amicable, and both parties should be represented by attorneys.

Texas Law Requirements for Remarriage After Divorce

According to the Texas Family Law Code, individuals must wait 30 days following the finalization of a divorce to remarry in Texas. You cannot be “in the process” of a divorce or waiting for your ex-spouse to sign divorce papers to start the clock.

In Texas, a TRO lasts for 14 days or until your temporary orders hearing, whichever is first. But what about after the hearing? If a set of temporary orders worked for all family members, then the court might choose to turn the temporary order into a permanent or final order to finalize the divorce.

Yes. Texas Online Divorce is for uncontested divorces. This means that you will need to have an agreement. You do not need to have an agreement immediately, but you will need to agree before submitting your completed answers after answering the last question online.

Short answer: no, your spouse does not have to sign the divorce papers for your divorce to be finalized. In Texas, one spouse refusing to sign divorce papers does not completely stop a divorce from proceeding.

How much does it cost to get a divorce if both parties agree in Texas?

If you and your spouse agree on most things and a mediation attorney makes sense for you, you can expect to pay about $3,500 or more in shared legal fees, along with court costs. Learn more about how much it costs to get divorced in Texas here.

Mediation is often touted as the key to a cheap divorce in Texas – because expensive family law attorneys aren't part of the process. During divorce mediation, the couple can discuss their parenting plan and how to divide assets – especially those with sentimental value –and other issues.

(Tex. Fam. Code § 6.702 (2022).) Although your divorce will be final when the judge signs the divorce decree, neither you nor your spouse may marry someone else until another 31 days have passed.

So, can a judge deny a divorce in Texas? The answer is usually no. While it is infrequent for a judge to refuse to grant a divorce outright, there are several ways that the process can be delayed or complicated if an experienced divorce lawyer does not represent you.

What is a Rule 11 agreement? Rule 11 of the Texas Rules of Civil Procedure lets lawyers and parties to any lawsuit enter into a written agreement on any subject matter of the lawsuit.

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.

Marital fault grounds for divorce in Texas include: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable.

There are many things to think about when trying to calculate the cost. The average cost of divorce without children in the state of Texas can reach as much as $15,600. Depending on the county, divorce filing fees range between $250-$350.

Thus, the average total cost of divorce in Texas is about $15,000 if no children are involved and $23,000 if child-related issues must be resolved.

You'll need to present your divorce decree or certificate of dissolution from your previous marriage. If you no longer have a copy, your lawyer can order you another one.

Are you supposed to live together after you file for divorce in Texas?

There is no Texas law that requires parties to live apart during divorce proceedings. There are reasons why it may seem positive to remain living together during divorce proceedings. It can create an additional financial burden to move into a new apartment or house.

You Can Waive The Divorce Waiting Period

It is possible for either of the divorcing parties to marry a new person by asking the judge to waive the 30-day waiting period. A family law attorney can help you file a motion to request the judge to do so.

In Texas, there is a mandatory 60-day waiting period for getting a divorce. The average duration of the process for an uncontested divorce is 60-90 days depending on the court's availability. Overall, finalizing a divorce in Texas can take anywhere between 2 months and a year.

When you file for divorce in Texas, you are required to pay a filing fee that typically ranges between $250 and $300, though the exact cost differs from county to county. Additionally, you will need to pay a service fee and an issuance fee if you need to have your spouse served with divorce papers.

Under Texas Rules of Civil Procedure Rule 145, the divorce filing fee can be waived by filing an “affidavit of Indigency.” An “Affidavit of Indigency” basically asks a court to waive the filing fees because the filing party cannot afford them.

After your petition for divorce has been filed, Texas law requires a 60-day waiting period in order for the divorce to be finalized, even if it is uncontested.

In terms of section 4(3) of the Divorce Act the Court has discretion to refuse to grant a divorce order and can insist that the matter is postponed or even dismiss the Plaintiff's action for divorce if the Court is of the view that there is a reasonable possibility that the parties may become reconciled through ...

There are two processes in divorce.

It's tough to say which is more challenging. The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance. D-A-B-D-A. Those 5 stages represent grief over the loss of a relationship and marriage.

1) Continuous absence of seven years. 2) Non-consummation of marriage within one year. 3) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.

What happens if one party wants divorce and other doesn t?

One can even seek Divorce when the other party is not willing to give divorce. This is a Contested Divorce and a petition for the same can be filed in the Court having appropriate jurisdiction. Thus, you do not need the consent of your spouse to file a Divorce Petition in the appropriate Court.

The Petitioner is responsible for covering the cost of the preparation and submission of the divorce paperwork, together with obtaining legal advice and paying the Court fees. The Respondent will only be responsible for covering their own legal fees.

In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you.

If both parties agree to divorce peacefully, they don't have to hire an expensive lawyer. What they essentially need is a packet of papers required to start their amicable divorce in Texas. Traditionally, an attorney would prepare all the forms, which would be very costly.

Spouse will refuse to sign off on a divorce decree

If your spouse will not agree to the terms of the decree then a hearing can occur and a trial will take place on the divorce. The result of that trial will be a divorce. Then the judge will sign the decree even if your spouse does not.

Therefore, the court may consider dating while in the middle of divorce proceedings as “adultery” even if the couple has been separated and living apart. According to Texas law, a spouse commits adultery when the relationship is of sexual nature.

Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

Adultery, or the act of having sexual intercourse with someone other than your spouse, is a common fault-based ground for divorce in Texas. If a spouse's infidelity causes the breakdown of a marriage, this can affect the court's determinations regarding alimony and marital property division.

How long do you have to be separated before you can file for divorce in Texas? There are no requirements for marriage separation in Texas prior to filing for divorce. As long as one spouse has been a domiciliary of the state for six months and a resident of the county for 90 days, the divorce can be filed.

Texas Law Requirements for Remarriage After Divorce

According to the Texas Family Law Code, individuals must wait 30 days following the finalization of a divorce to remarry in Texas. You cannot be “in the process” of a divorce or waiting for your ex-spouse to sign divorce papers to start the clock.

Can you date while separated in Texas?

While in general there is no law in Texas preventing a person from doing so, it is not a smart idea to date anyone while your divorce is pending before a court. While it may seem harmless, the effects can be long-lasting and extremely detrimental to your case.

In some states, there are strict laws about dating while still married. However, in Texas, there is no rule that states you cannot see someone new while in the process of filing for divorce. However, just because it's legal to do so, there are a few reasons why you might want to wait. Keep reading to find out why.

Thus, the average total cost of divorce in Texas is about $15,000 if no children are involved and $23,000 if child-related issues must be resolved.

Answers (5) Absolutely NOT. Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.