Couples who have chosen to divorce are often in a hurry to get it done. This is understandable – divorce is not a happy process, and moving on is the point, which makes dragging out the divorce process seem counterproductive. There is a mandatory 60-day waiting period in the State of Texas (except under highly specific circumstances), so while it is possible to be divorced on the sixty-first day after filing for divorce, if you and your divorcing spouse are not in full agreement on the major divorce issues, it is not likely.
The Factors Involved in Your Divorce
If you are divorcing, there are four basic factors that must be resolved before your divorce can be finalized. These include:
- Child custody arrangements
- Child support
- The division of marital property
- Spousal maintenance or alimony
If any one of these is a sticking point, it will have to be resolved before your divorce can be finalized.
Finding Middle Ground
If you and your spouse have found middle ground on all of the factors listed, you can move through the divorce process more quickly and less expensively – and may be divorced after 60 days. The fact is, however, that even if you are in perfect harmony on every issue except for one, it is likely going to slow things down considerably. If you are miles apart on the issue of child custody arrangements, for instance, it is an issue that is likely to be extremely important to both of you and could take some time to resolve. This does not, however, necessarily mean that you will end up in court over the matter.
If there are issues that must be resolved, you have options, including:
- Working out a compromise between yourselves that you can both live with
- Working through your respective family law attorneys to negotiate an agreement
- Obtaining a resolution through mediation
The Divorce Process
The divorce process itself – even if you are in total agreement on the major issues – can take some time, and there are several important considerations, including:
- There are residency requirements.
- You will need to provide considerable documentation.
- You must file an Original Petition for Divorce (this is when the 60-day clock begins ticking).
- You must provide your spouse with legal notice.
Once you have proceeded through the entire divorce process and come to an agreement on every divorce issue, you will still need to appear before the court very briefly in order for your divorce to be finalized. In other words, if your divorce is truly uncontested, and you are motivated to work quickly, it is possible to obtain a 60-day divorce in Texas.