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April 17, 2019

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On behalf of The Powell Law Firm

| Family Law

How Long Does a Divorce Take?

While a divorce in Texas may be resolved in as little as a few months, there are issues that can complicate your case.

For many couples, the decision to seek a divorce is made after long months or even years of trying to ‘work on’ their marriage. Once the decision to file a divorce petition is made, you may be eager to have it finalized so you can move on with your life. In some cases, you may be able to have your divorce granted in as little as a few months. However, there are some legal issues that may arise that can drag your divorce out for six months, a year, or longer.

Filing for an Uncontested Divorce

Though it is likely to make your divorce case last longer before it is able to be finalized, under the Texas Family Code , couples can file for divorce under fault grounds, such as adultery, desertion, or habitual drunkenness, or they may file for a no-fault divorce on the basis of irreconcilable differences (called “insupportability” in Texas). If some or all of the following conditions apply in your case, you may be able to file for an uncontested divorce and expect it to be done comparatively quickly, i.e. at approximately 60-75 days from filing:

  • The couple has no children under the age of 18;

  • They own no property together;

  • There are no retirement benefits to divide;

  • Neither party is seeking alimony;

  • They are not currently involved in bankruptcy proceedings.

In situations where some or all of the above exist, the divorce can be finalized in as little as 61 days. This accounts for a ‘cooling’ off period in Texas, which requires a minimum 60-day wait before any divorce in the state can be finalized. If you are parents or own property or significant assets with your spouse, even if you agree to the terms it may take longer to resolve your divorce case simply due to the details for the final documents (which must be accurate or you can lose property or rights).

Issues That can Drag Out Your Divorce

When divorce related issues need to be resolved, this requires that additional hearings and negotiations be held. You may have to wait to get your case placed on the Brazoria Family Court docket and may have trouble coordinating these and other dates with your spouse and their attorney. All of this can cause delays. The longest delays tend to involve the following:

  • When one spouse refuses to accept the end of the marriage and refuses to cooperate with divorce related legal processes;

  • When there are disputes over divorce grounds and accusations of marital misconduct against each party;

  • When there are significant amounts of property and assets that are being disputed;

  • If the divorce involves joint business owners, who must decide how to divide these assets;

  • When one spouse is entitled to alimony, but the other refuses to pay;

  • When there are issues with child custody, visitation, and child support arrangements.

Let Our Pearland Divorce Attorney Help Resolve Your Case

At The Powell Law Firm, we have more than 20 years experience representing clients in divorce proceedings. We can help resolve conflicts so that you can obtain a final divorce order in the least amount of time possible. To privately discuss the issues involved in your particular case, call or contact our Pearland divorce attorney online and request a consultation today.

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  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

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    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

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