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If there are no kids, or property involved, how quickly can I get a divorce?

Dallas, TX |

The only thing keeping me from handling the divorce myself is the fact that my wife will not sign any papers unless forced too. Will that pose a problem or is there a way to force her to court?

Attorney Answers 4


  1. You can't force her to appear in court, but you can force the divorce through eventually. Her lack of cooperation can cause service of process issues which will delay the case. You could be looking at roughly four to six months if no issues are contested and it's as simple as you're describing.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


  2. The fastest you can get a divorce in Texas is 60 days, absent some serious abuse. However, that's assuming she agrees to everything. If she wants to contest a divorce, it can take a while. You have to file, serve her, and then see if she files an answer. If she files an answer, you're officially in a contested divorce.

    If she doesn't answer and just wants it to go away, you can do a default divorce. You're still going to have to wait for the first monday after twenty days that she's served, assuming you know where she is. And even then, you're going to have to do a motion for a default divorce and still be subject to that 60-day waiting period.

    I'd recommend consulting a local attorney.


  3. Absent exceptional circumstances not outlined in your case, the earliest you can obtain a final hearing on your divorce in Texas is 60 days after the case has been filed. However, you have to obtain service of the lawsuit on her and she may try to avoid service and perhaps prolong the matter. Further, if she answers the case and opposes any portion of it, the case is contested and can be prolonged while you attempt to resolve the disputed areas or obtain the evidence and testimony needed to proceed forward with a contested divorce case. However, you should be able to complete the matter fairly quicklyeven if she opposes it due the the lack of children or property issues.


  4. In theory, a divorce can be completed in 60 days, but that is rare. All issues would have to be agreed. If your wife is refusing to sign papers, you will need to file the divorce and serve her with the divorce papers. If she does nothing, you can default her and obtain a divorce without her signature. If she files an answer, you are looking at months. But, eventually you will get the divorce.

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