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In Texas, a divorce case begins with something called an original petition for divorce. Basically, this is the document that gets the divorce process rolling.
Theoretically, the least amount of time it can take to get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the courts docket and the schedules of all the parties involved.
When Should I File My Answer? An answer to a divorce petition must be filed within a certain timeframe. If you are served in person or by certified mail, you need to submit your answer by 10 am on the Monday after 20 days have gone by since you were served with papers.
Texas requires a 60-day cooling off period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.
A counter petition for divorce is basically a countersuit against your spouse. It indicates that you, too, want a divorce and have your own specific requests. It allows you to state your own allegations against your spouse and to tell the judge what you would like to see happen.
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The hearing allows the judge to review each spouses requests. The judge will then sign the divorce decree to make the divorce final. Unless there was family violence, the judge cant finalize a divorce at the hearing until 60 days after the petition for divorce was filed.
In Texas, there is a 60-day waiting period for divorce, so the fastest a divorce can be finalized is 61 days. However, most cases take several months to a year, especially if there are children involved.