You have decided that it is time to end your marriage, and you are interested in getting a divorce as quickly as possible. It is possible to get a quick divorce in as little as 60 consecutive days under state law in Texas. This may seem like a long time, especially if you have already decided that you are getting divorced. However, the divorce process is complicated and requires legal document filings. Getting a divorce finalized within 60 days takes a significant amount of effort. There are few exceptions to this mandatory waiting. Those exceptions typically have to do with the safety of people involved in the divorce.
An Uncontested Divorce is the Quickest Way to Get Divorced in Texas
The fastest way to get a divorce in Texas is to pursue an uncontested divorce. You will need to file your original divorce petition. You will be looking at a two-month time frame from the date you file this petition. Texas imposes a waiting period to give you and your spouse some time to consider whether or not finalizing your divorce is right for you. Sometimes a couple will attempt to reconcile during this time., but statistically speaking, most people decide to go through with the divorce.
An uncontested divorce happens when the spouse agrees on all of the major issues in the divorce, including how to divide their marital property. in Texas, a person can pursue an uncontested divorce when all of the following criteria have been met:
- The couple agrees on the grounds for divorce, which can be irreconcilable differences
- The couple has agreed to end the marriage
- There are no minor children involved
- Neither spouse has an ongoing bankruptcy case
- The couple does not have any retirement benefits that need to be divided
- The couple does not own property together
- Neither spouse is seeking spousal support or alimony
- If there are minor children, the couple has agreed on all divorce-related issues, including child custody matters and child support payments
- There are no current court orders for child support or child custody in place
If you have any unresolved issues in your divorce or the factors listed above do not apply to your situation, you will not be eligible for an uncontested divorce. As a result, your divorce will take longer than 60 days to finalize. If you have met all of the criteria, your case should be eligible for an immediate finalization. You will still be required to make an appearance in court to finalize your uncontested 60-day divorce.
This court appearance will be brief and your spouse will not be required to appear with you on the day that the divorce is finalized. Your divorce attorney will appear with you in court and guide you through the process. The divorce will become final when the judge signs the final divorce decree, which may or may not be on the date of your in-person court hearing.
Exceptions to the 60-Day Rule
A judge can waive the 60-day waiting period, but it is rare for them to do so. The judge will need to believe that your situation merits waiving the waiting period. For example, suppose you or your children have been victims of a crime or domestic violence. In that case, a judge can waive the 60-day waiting period. This does not happen very often, so you should expect to wait 60 days, at a minimum, before your divorce will be finalized in Texas. With some planning and forethought, and as long as you and your spouse agree on all the major issues of the divorce, you can get your divorce finalized with a minimal time delay.
What You Will Need to Do Before Starting the Quickest Divorce Process
To process your divorce as quickly as possible, you can help yourself by gathering all of your needed documents. At the bare minimum, you and your soon-to-be ex-spouse need to have two things in place — the first is proof that one of you provided sufficient notice to the other that the divorce has been filed with the court. You will also need a written agreement showing a settlement of all of the major issues related to your divorce case. This written agreement is called a Final Decree of Divorce.
Is a 60-Day Divorce Possible in My Case?
If you are interested in getting your divorce finalized within 60 days, you will need to discuss your divorce with your spouse to decide whether you can agree on all of the major issues. If you and your spouse are able to agree on virtually all the issues in your divorce case, you can pursue a quick divorce. If you have one or two issues that you are not in agreement on, you may benefit from working with a third-party mediator. Mediators are neutral parties who help guide you toward a resolution.
However, if there are many unresolved issues, anticipate a fight with your soon-to-be ex-spouse. The divorce process will take longer. Issues related to child custody can slow down a divorce that may otherwise be a quick divorce. If you disagree with your spouse on child custody matters, you will likely not be able to get a 60-day divorce. If you are not sure whether you are eligible for an uncontested divorce, we recommend discussing your case with an attorney.
Get More Information on How to Obtain a Quick and Efficient Divorce
If you are ready to get divorced and hoping to get your divorce finalized as soon as possible, we recommend pursuing an uncontested divorce. If you and your spouse can agree on all of the major issues in the divorce, you may be eligible for a 60-day divorce. At Divorce Concierge, our divorce attorneys provide affordable, flat-rate packages for Texas residents pursuing a non-contested divorce. You know what you’ll be paying upfront when you are with us, and there will be no surprises. Contact us today to schedule your free case evaluation and learn more about our services.