How Long Will My Divorce in Austin, Texas Take?

Written By Christy Merritt

“How soon can I be divorced?” This is one of the most commonly asked questions once a person has decided to file for divorce in Austin, Texas. After the filing of the Original Petition for Divorce with the court, the court cannot grant the divorce for at least 60 days. These 60 days are often referred to as a “cooling off” period in the Texas laws. Lawmakers in the Texas legislature want to ensure that parties have had time to think through and are not dissolving a marriage based on a momentary idea. Thus, 60 days is the fastest amount of time your divorce case can last and that typically occurs when the parties reach an agreement. This notion may seem antiquated in the 21st century but it remains the law.

However, the divorce in Austin may take longer than 60 days if the parties are trying to work out the terms, such as property division, custody of children, child support, etc. If the spouses are not able to reach an agreement, either party may schedule a trial at any time after the 60-day waiting period. At this final hearing the judge or jury will hear from each side and decide the issues that are not agreed to. It is our experience that an “average” divorce in Austin takes between six to nine months.

Generally speaking the more property or “stuff” you have and the more people such as children whose lives are affected, the longer the divorce will last. Again, parties are always able to agree on how to resolve these issues with each other thereby expediting the divorce process. Oftentimes your divorce lawyer will need to obtain information from your spouse and their lawyer before recommending a course of action for your case or settlement terms, which by necessity requires additional time.

The next question often asked by parties, is “how soon after the divorce can I get married again in Texas?”. Due to the complex emotions involved in divorce cases we would strongly urge you to not immediately re-marry. However, a person in Texas is free to marry again 30 days after the judge signs their final divorce order, called a “decree”. The exception to this impediment is if the judge states in court that the parties are officially divorced and this requirement is waived. Again, we would caution against immediately entering into a new marriage so soon after divorce.