Last week, Kim Kardashian and Kris Humphries settled their divorce case. After seventy-two days of marriage, Kim Kardashian filed for divorce in October, 2011. The divorce had been ongoing for a year and a half. The pair was set to go to a final trial on May 6, 2013 but on April 19, 2013, advised the Court that they had reached a settlement to their divorce.
When going through a divorce in Texas, I always tell my clients at the beginning of their case that there are only two ways you are going to get divorced: 1) is an agreement on all issues or 2) a final trial. Let’s say that there are ten disputed issues and the parties are able to reach an agreement on eight of the ten issues; then we can have a final trial on the two remaining issues. The bottom line is the parties either agree or a Judge will decide the issue at a final trial. This is a concept I remind my clients of not only at the beginning of their case but throughout their pending divorce.
When a person files for divorce in Texas, there is not automatically a final trial date assigned to the case. A person must request a final trial date from the Court and the date that is given is based upon the legal issues, the anticipated length of the final trial and the Court’s availability. Depending upon the Texas County you live in, it could be up to a year and a half before you will have a final trial date.
Kim Kardashian and Kris Humphries are an example of the length of time until there is a final trial in a divorce in any state. It is also an example of settling on your own terms is usually better than a third party (the Judge) making the decisions for you.