How long will my divorce take?

Everyone hates this answer but “it depends.” The more complex the case, the longer it will take to complete. The more the spouses disagree, the longer it will take to complete. Some states have mandatory waiting periods before a divorce can be granted. For instance, Texas has a mandatory 60-day waiting period. Thus, the quickest someone can get a divorce in Texas is 60 days. On average, cases take approximately one year to complete. Some courts will issue what is a called a scheduling order. The scheduling order is a trial date set by the court. Courts do this to help move cases along and to prevent spouses from dragging a case out.

Why do cases take up to one year? A rather smooth divorce timeline might work a little like this. The divorce petition is filed. Nearly a month later, the other spouse will file an answer. A mediation for temporary orders will be scheduled a month or two out. Assuming the parties come to an agreement at mediation, temporary orders will be drafted and edited. This can take another month. Then some case building through discovery might be completed. Afterwards, another mediation is scheduled so the parties can hopefully come to an agreement on the final terms for divorce. Assuming the parties come to an agreement, it may take another month or two for the divorce decree to be drafted and for all other documents to be completed. Time flies when you’re having fun!

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