The Fastest Divorce Possible
61 days is the fastest a divorce can happen in Texas, because by statute there is a 60 day waiting period to finalize a divorce after the Original Petition for Divorce is filed. But, there isn’t a 61-day divorce.
How The 61 Day Divorce Process Works
- 1All jurisdiction requirements must be met. At least one spouse must have lived in Texas for the last 6 months and in the county of filing for the last 90 days before the Petition is filed.
- 2
File the Original Petition for Divorce. There is no legal separation in Texas. Therefore, the earliest finalization date is day 61 after filing the Original Petition for Divorce in normal circumstances.
- 3The Answer or Waiver of Service must be filed.
- 4Every issue and area of the divorce must be agreed upon between the spouses including division of property (including retirement, real property, any tax issues, reimbursement issues, financial accounts) and debts (including credit cards, liens, loans, mortgages), confirmation of separate property, if any, all child issues including: conservatorship, possession and access, child support, medical support. Once agreement is reached on all issues.
- 5
The Divorce Decree must be prepared, approved by both parties, and signed.
- 6
Prove-up or submitting the required documents, and then hope the Judge will be able to approve it and sign it around Day 61.
There is no way to control when the Judge can review the submitted documents and pleadings. The Judge, the Court’s rules, and the Court Administrator manage the court’s docket and will determine when and how the Judge will review the documents you’ve submitted or determine if a prove-up can be set.
It’s very rare to get divorced in Texas in 61 days. There is an exception to the waiting period, in family violence cases. However, 60 days is a very short period of time to accomplish all of the required parts of a divorce. If there are any contested issues, missing signatures, service problems, complex property, or child-related disputes, the divorce will take more time to address those issues.
The family law attorneys at Peace & Associates are available to answer your questions about divorce. Please fill out our contact form or call the office at 940-591-6006.
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“We care about each and every one of our clients and the legal issues they bring to us for assistance with. Whether you need help and guidance with a divorce or family law issue, modifying custody orders, establishing an estate plan, or probate issue, we will treat you and your case with the respect and the priority it deserves.”
Founder of Peace & Associates, PLLC
