How Long Does a Divorce Take in Texas?

Understanding the Divorce Timeline in Texas

Divorce in Texas follows a series of statutory checkpoints that place predictable guardrails on how quickly a marriage can be dissolved. Knowing those checkpoints prepares spouses for each stage and helps manage expectations from the first filing to the Final Decree. A clear timeline also empowers families to plan finances, parenting arrangements, and emotional support systems before the process begins.

How Can Skilled Texas Divorce Attorneys Assist You Through the Process?

Seasoned Texas divorce attorneys​ can translate statutory requirements into practical next steps and keep the case moving even when emotions run high. These compassionate advocates explain each deadline in plain English, gather the financial records judges expect, and negotiate fair parenting plans that prioritize your children’s stability. By supplying complete paperwork on the first pass—and responding promptly to court requests—dedicated Houston–area family law attorneys often shorten the waiting time between hearings. In complex cases, knowledgeable Austin divorce lawyers coordinate outside experts such as CPAs and appraisers so property appraisals are ready before mediation. This proactive, client-centered strategy keeps momentum on your side and reduces costly continuances.

What Is the Mandatory Waiting Period for Divorce in Texas?

Texas law imposes a 60-day “cooling-off” period between the date the Original Petition is filed and the day a court may sign the Final Decree (Texas Family Code § 6.702). The Legislature created this pause to give couples a chance to reconcile and to ensure thoughtful parenting plans. Courts may waive the wait if the filing spouse obtained a protective order for family violence or if the respondent has a related criminal conviction. Even with a waiver, other steps—such as service of process—must still occur.

How Long Does an Uncontested Divorce Typically Take?

When spouses agree on every material issue—property division, conservatorship, child support, and spousal maintenance—the timeline often falls between 70 and 120 days. The uncontested docket in many large counties moves quickly once the 60-day period expires. Agreements that conform to the Texas Family Code and local rules are routinely approved at the first prove-up hearing. Delays arise if settlement documents omit retirement-plan language, require clarification of real-estate legal descriptions, or conflict with child-support guidelines.

What Factors Can Extend the Divorce Timeline?

Several variables can stretch a Texas divorce far beyond the statutory minimum:

1. Complex Property Division. Tracing mixed community-and-separate assets, valuing closely-held businesses, or untangling retirement accounts can add months of discovery.

2. Child-Custody Disputes. If parents disagree on primary conservatorship or relocation, the court may order social-study investigations or psychological evaluations, each lasting 60 to 90 days.

3. Crowded Court Calendars. Major metropolitan counties often set trial dates six to nine months out; a continuance pushes the case even further.

4. Inflexible Negotiation Postures. When spouses refuse mediation or insist on litigating every motion, even a routine case can spill into the eighteen-month range.

How Do Contested and Uncontested Divorces Differ in Duration?

An uncontested divorce concludes soon after the 60-day window because there are no contested hearings and limited discovery. A contested divorce launches full discovery, temporary-orders hearings, and potentially a jury trial; the average lifespan is six to eighteen months. Contested litigation costs more in filing fees, attorney time, and expert witnesses—and it prolongs the emotional toll on families. Many Dallas-Fort Worth divorce attorneys counsel clients to attempt mediation early to convert a contested case into an agreed one.

What Are the Residency Requirements for Filing Divorce in Texas?

A spouse must live in Texas for at least six months and in the county of filing for 90 days (Texas Family Code §§ 6.303–6.304). Military members stationed in Texas meet the requirement if they have been assigned to a Texas base for the same durations. Filing in the wrong county forces dismissal and refiling, adding needless weeks to the overall timeline.

What Are the Steps in the Texas Divorce Process?

1. File the Original Petition for Divorce. This document opens the case and triggers the 60-day waiting period.

2. Serve the Respondent. Proper service or a waiver of service gives the court jurisdiction.

3. Temporary Orders Hearing (optional). If spouses need immediate guidance on bills or parenting time, the court issues interim orders within a few weeks.

4. Discovery Phase. Spouses exchange financial statements, inventories, and answers to interrogatories—often a 30- to 90-day window.

5. Mediation and Negotiation. Most judges require at least one mediation session before trial; successful mediation ends the case quickly.

6. Final Trial. If issues remain, the court hears evidence and announces a ruling, then signs a Final Decree of Divorce.

How Can You Expedite the Divorce Process?

Progress accelerates when both parties cooperate and embrace alternative dispute resolution:

• Open Communication. When spouses exchange documents without discovery motions, attorneys can draft final orders sooner.

• Early Mediation. Mediation within the first 45 days often yields an agreement ready for court right after the 60-day wait.

• Complete Paperwork. Judges return decrees missing child-support withholding language, so thorough drafting saves weeks.

• Retain Experienced Counsel. Veteran San Antonio family-law attorneys recognize local-court preferences and file compliant documents the first time.

Conclusion: Navigating Your Divorce Journey with Confidence

Texas imposes a 60-day waiting period, but the real length of a divorce depends on asset complexity, parenting disputes, and each spouse’s willingness to negotiate. By understanding the statutory steps—and partnering with knowledgeable Texas divorce attorneys—you can move through each phase deliberately, protect your rights, and position your family for a stable future. Personalized legal guidance turns an uncertain timeline into a manageable plan tailored to your circumstances.