Attorneys of Hoelscher Gebbia Cepeda PLLC walking

Why Does TX Divorce Take so Long?


If you’re considering filing for divorce in Texas, you’re probably wondering how long it would take to get one. Any reputable San Antonio divorce attorney will tell you that the divorce process and timeline will differ from one case to another because of the different factors involved in each case. A simple change in any of these factors can impact how long your divorce will take.

Types of Divorce in Texas

The two types of divorce in Texas are uncontested divorce and contested divorce. The type of divorce your case falls into will significantly affect the length of your divorce case.

With a contested divorce, both spouses cannot agree over divorce issues, including fault, property division, child custody and support, and alimony, among others. With this type of divorce, each spouse will have their own attorney, and a judge must eventually make a final decision on the couple’s issues to ensure that the final agreement will be fair for everyone involved.

With an uncontested divorce, both spouses have ironed out all their divorce issues without any intervention from the court. This means that an uncontested divorce is normally faster than a contested divorce because it’s accomplished through a settlement agreement made by the divorcing couple.

Factors That Can Impact The Length of a Divorce

Now that you have an idea of which type of divorce you may want to file, here are specific factors that may come into play that will significantly affect how long your divorce could take.

  • Fault vs. No-Fault Divorce – With a no-fault divorce, no one is to blame for the marriage breakdown, and one spouse states that their marriage is simply over. With a fault-based divorce, the spouse filing for divorce must cite and prove grounds or fault for the divorce in a trial or hearing, which makes the entire process longer.
  • Child Custody and Support Disputes – Issues concerning child support and custody can stir a lot of emotions and disagreements that will lengthen the divorce process. But if the spouses can agree on these child-related issues, this will help make the process faster.
  • Dispute Resolution – Going through the divorce court system via litigation is the most common way to get a divorce, but some spouses may consider alternative dispute resolutions, such as mediation or collaborative divorce.
  • Property Division – The division of marital property will be easier and faster if you have a prenuptial agreement. Otherwise, you would need to determine separate property from marital property and decide which spouse should get what.

Reach Out to a Seasoned San Antonio Divorce Attorney Now

Ultimately, the length of the divorce process will vastly differ from one divorce case to the next and will be dependent on specific divorce issues being uncontested or contested, whether kids are involved, and whether there’s a dispute on property division, among many others.

To find out what your divorce process would look like, given your specific circumstances, reach out to Hoelscher Gebbia Cepeda PLLC today. Schedule your consultation with our San Antonio divorce attorney by calling our office at 210-222-9132 or reaching us online.