Family Law Blog

A divorce cannot be finalized any sooner than 60 days from the date the divorce petition is filed. This is because Texas law requires parties to have a “cooling off” period between when a divorce is filed and when a divorce is finalized. Typically, these 60 days are needed for the parties to come to an agreement about the terms of the divorce.

If the divorce is complicated or contested, it may take much longer than 60 days. It is not uncommon for a divorce involving children, retirement accounts, or businesses to take 6-9 months to finalize. Sometimes, a divorce takes more than a year.

A divorce can be finalized in two ways: (1) by agreement between the parties; or (2) by a judge deciding on the terms of the divorce decree. When parties agree on all of the terms of the divorce, the judge just needs to sign the decree in order to finalize the divorce. One of the two parties will still need to go to court in order to obtain the judge’s signature. This process is typically called a “prove-up”.

When parties cannot agree on all of the terms of the divorce, the parties will have to go to Court, present evidence to the judge, and allow the judge to make a ruling on what the terms of the ...