Law Office of Michael G. Diaz, PC
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Under Texas Family Code Section 6.702, in most cases, a court can’t grant a divorce before 60 days have passed since the divorce petition was filed. So if you had an agreed divorce it is possible to divorced on the 61st day after filing the divorce petition.
However, in actuality, a divorce typically takes anywhere between 6 months and 1 year. Since all assets and liabilities have to be divided, it takes time to inventory the community estate. You want to make sure you have a complete listing and accurate valuation of the estate. This is typically done through what’s called discovery which can involve gathering financial documents and taking depositions.
Once a complete inventory is done, the estate then has to be divided between the parties. The parties can informally negotiate a division, go to a mediator to facilitate an agreed division, or, if no agreement can be reached, have the court decide how the estate will be divided.
Going to trial will result in the longest divorce cases. Trials require more preparation and you will have to rely on when the court will have time to hear your case. In some courts, if you request a court date the first available date can be 4-6 months in the future.
So in most cases, the length of the divorce will depend on the parties. Are the parties able to reach agreements between themselves or will the case have to be tried? Will multiple court hearings be needed or will the parties be able to reach a complete inventory of property relatively easily? Most people want their divorce completed as soon as possible, but you have to keep in mind how important the divorce and property division will be and plan accordingly.
Providing effective and efficient solutions to Divorce, Custody, and Family Law clients in McKinney, Frisco, Allen, Plano, Melissa, Princeton, Prosper, Fairview, Celina and throughout Collin County.
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