One recurring question we get asked a lot by prospective divorce clients is: “can I get same day divorce?”, “ how quickly can I get divorced?”. A similar and related question we also get is “what exactly is the 60-day cooling-off period?”
In this blog, I am going to provide general responses to these recurring questions. This blog is written for educational purposes only and is not intended to provide legal advice. This blog expressly does not create an attorney client privilege. To get specific answers to your specific situation, please consult your trusted attorney!
Now that I have the legal disclaimer out of the way, let’s get into brass tacks:
What exactly is the 60-day cooling-off period?
The decision to end a marriage is undoubtedly a very difficult decision with far reaching life-changing consequences. There are often complex emotional, psychological and financial factors that affect this decision. It is therefore not difficult to understand why several states have a minimum period of time between the filing of a divorce and the granting of a divorce. This minimum period of time is often referred to as the cooling-off period. In Texas, this cooling-off period is 60 days. In other words, under Texas law, at least 60 days must elapse between the date of filing of an original petition for divorce and the granting of a divorce.
Can I get same day divorce? How quickly can I get divorced?
No – you cannot get same day divorce in Texas. As discussed earlier, it is possible to get divorced under Texas law in as little as one day following the cooling off period (61 days). However, as a practical matter, the real answer to the question depends on several factors—primarily whether the divorce is contested or uncontested.
Uncontested Divorce Lawyers
Uncontested Divorce is a general term that describes a divorce proceeding where the divorcing parties are not contesting or fighting over the terms of the divorce. Generally speaking, there are two major types of uncontested divorce: agreed divorce and default divorce.
Agreed Divorce describes those cases where both spouses agree to be divorced and have reached agreement on all issues of their divorce including child(ren) issues and property issues.
Default Divorce describes those cases where one party fails to file a response to the petition for divorce, or fails to challenge the divorce in any way and the petitioning party has asked the court to enter a default judgment. The petitioning party is still required to show that the other party has been duly served with the petition for divorce and that party’s due process rights have been protected.
Now that I have explained some of the building blocks, we can more directly answer a subpart of the question—if the divorce is uncontested, a Texas Court may grant the divorce in as quickly as 61 days. In practice, uncontested divorces are typically granted between 61 and 90 days.
Contested Divorce Attorney
When any issue of the divorce is contested, the length of time it will take to conclude the divorce is really difficult to predict. It will often depend on what issues the parties are fighting over, the size of the estate, the amount of discovery that will need to be done, and the jurisdiction of the case. For instance, cases in the major metropolitan areas such as Harris County or Dallas County typically take longer to resolve than cases in the more rural counties. In my practice, I find that contested cases in major metropolitan areas typically take anywhere from 1-3 years to resolve while those in more rural areas take anywhere from 6 months to 2 years. These are estimates based on what I find in my practice. Remember that every case is unique!
Find a Divorce Lawyer Near Me
If you are considering filing a divorce, or if you have been served with divorce papers, it is very important that you contact an experienced and competent divorce attorney or law firm with a track record of success in handling divorce cases. At Anunobi Law, we have board certified divorce lawyers with extensive track record of success in handling complex divorce and child custody cases.
Contact us at: (832) 538-0833
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