Skip to content 
When people first ask how long to get divorce in Texas, they usually hope the answer is quick and simple. Unfortunately, divorce in Texas doesn’t move at the same speed for everyone. Depending on your situation, the process can take anywhere from a couple of months to more than a year. The length of time depends on several legal, emotional and practical factors – many of which are out of your control. Still, understanding the timeline and what influences it can help you prepare, set realistic expectations and make smarter decisions as you move through one of the most life-changing events of your life.
Understanding the Basics of Divorce in Texas
Before you can understand how long to get divorce in Texas, you have to understand the basic structure of Texas family law. Divorce in Texas isn’t a single-step process, it’s a legal procedure designed to ensure fairness, due process and proper resolution of all marital issues. Such as property division, custody and support. Every case begins with one spouse filing a petition for divorce in the district court of the county where at least one spouse has lived for the previous 90 days. Once filed, the case enters the system and that’s when the clock starts ticking.
Texas requires a minimum waiting period of 60 days from the date the divorce petition is filed before the court can finalize it. That means even in the best-case scenario, a divorce in Texas cannot be finalized in less than 61 days. But in real life, very few divorces finish that fast. Most take longer because of negotiation, paperwork, hearings and the emotional realities of separating two lives that were once intertwined.
The 60-Day Waiting Period Explained
The 60-day rule is a cornerstone of Texas divorce law. It’s not an arbitrary number, it was created to give couples time to reflect, reconsider and make sure divorce is the right choice. Lawmakers wanted to ensure that people didn’t make impulsive decisions that could have lifelong consequences, especially when children or shared assets are involved.
In practice this waiting period acts as a cooling-off period. During those 60 days, spouses can gather documents, exchange financial information, attend mediation and prepare for the next steps. However, that doesn’t mean a judge will automatically finalize your divorce on Day 61. Courts have busy schedules and other procedural steps often extend the timeline.
There are only a few exceptions to this rule. For example, if there has been a history of family violence and one spouse has been convicted or placed on deferred adjudication for abuse, the court may waive the waiting period for safety reasons. Outside of those limited circumstances, the 60-day waiting period is mandatory in all Texas divorce cases.
Uncontested vs. Contested Divorce
If you want to understand how long to get divorce in Texas, you have to know the difference between uncontested and contested divorces. This distinction is often what determines whether your divorce takes two months or two years.
Uncontested Divorce
An uncontested divorce happens when both spouses agree on every major issue: property division, debt responsibility, custody arrangements, child support and spousal support. Because there’s nothing to fight over, the process is relatively straightforward. You file the petition, wait the required 60 days, attend a brief final hearing and receive your decree. In many uncontested divorces, the process can wrap up in about 2-3 months if everything goes smoothly.
Contested Divorce
A contested divorce on the other hand, is where the timeline starts to stretch. If you and your spouse can’t agree on certain terms, the case becomes more complex. You’ll have to go through discovery (exchanging information and documents), attend mediation and possibly go to trial. Each of these steps adds weeks or months to the process. Some contested cases take a year or longer, especially if there are disputes involving children, high-value assets or accusations of misconduct.
Factors That Affect How Long Divorce Takes in Texas
When asking how long to get divorce in Texas, it’s not just about the 60-day rule. Several external and internal factors play a role in how quickly your case moves forward.
Court Caseload and County Differences
Each Texas county operates at its own pace. Some smaller counties can process divorces faster because they have fewer cases. Larger counties like Harris, Travis or Dallas often have packed dockets, meaning you might wait weeks or months just to get a hearing date. Even after the waiting period ends, your divorce might not be finalized until the court has time to hear your case.
Level of Cooperation Between Spouses
Divorces move faster when both parties communicate and cooperate. If both spouses are responsive, provide documentation promptly and avoid unnecessary disputes, the process stays efficient. However, if one spouse delays signing documents, fails to attend mediation or refuses to compromise, it can stall progress indefinitely.
Presence of Children
If you have children, expect your divorce to take longer. Texas courts require parenting plans that address custody (known as conservatorship), visitation (possession and access) and child support. Judges take extra time reviewing these cases to ensure the arrangements serve the best interests of the child. Any disagreement over custody or visitation schedules can cause further delays.
Property and Financial Complexity
The more complex your marital estate, the longer the divorce tends to take. Couples who own multiple homes, businesses or investments often need professional valuations and financial experts. Dividing retirement accounts, stock options or community property can add significant time to the process.
Temporary Orders and Hearings
In some cases, the court issues temporary orders to manage living arrangements, financial responsibilities or child custody while the divorce is pending. These hearings add another layer to the process. Although temporary orders are helpful in maintaining stability, they extend the overall timeline since the court must review and approve additional filings.
| Factor Affecting Divorce Timeline | Impact on How Long to Get Divorce in Texas |
| Court Caseload and County Differences | Busy counties like Harris, Travis and Dallas often have long backlogs which can delay hearing dates and extend the process by months. Smaller counties typically finalize cases faster. |
| Level of Cooperation Between Spouses | When both spouses communicate openly and agree on key issues, the process moves quickly. Conflict, refusal to sign documents or avoidance can drag the divorce out considerably. |
| Presence of Children | Cases involving children take longer because custody, visitation and support must be reviewed carefully to ensure the child’s best interests are protected. |
| Property and Financial Complexity | Dividing businesses, real estate or retirement accounts adds time since valuations, financial disclosures and expert opinions are often required. |
| Temporary Orders and Hearings | Requests for temporary custody or financial support add extra court hearings, which extend the overall process but provide short-term stability while waiting for the final decree. |
Discovery: The Hidden Time Drain
One of the most time-consuming phases of a contested divorce is discovery. This is the process where both sides exchange financial and personal information relevant to the case. It can include bank statements, pay stubs, tax returns, emails, business records and even text messages.
Discovery can take weeks or months depending on the complexity of your situation and how cooperative each side is. If either party withholds information or fails to respond promptly, attorneys may have to file motions to compel, which require court intervention. These delays can stretch the divorce process substantially.
For example, imagine a couple in Austin where one spouse runs a small business. The other spouse suspects hidden income. Before finalizing the divorce, the court will likely require full disclosure of business records, which could take several months to review. That’s why discovery often becomes a major bottleneck in contested divorces.
The Role of Mediation
When people think about how long to get divorce in Texas, mediation often comes up as one of the best ways to speed things up. Mediation is an alternative dispute resolution process where both spouses meet with a neutral third party (the mediator) to negotiate and settle disagreements outside of court.
Many Texas courts require mediation before allowing a case to proceed to trial. Even when it’s not mandatory, it’s highly recommended. Mediation gives couples a chance to resolve disputes on their own terms, which not only saves time but also reduces legal costs.
For example, if you and your spouse can agree on property division and custody through mediation, you avoid multiple court hearings and shorten the timeline dramatically. Instead of waiting months for a judge’s ruling, you can finalize your agreement and move forward to the final decree phase.
Emotional and Psychological Factors
Divorce isn’t just a legal process, it’s an emotional journey. The pace of your divorce often mirrors the emotional readiness of both spouses. Some people rush to finalize things, while others drag out the process because they’re not ready to let go or make difficult decisions.
If one spouse isn’t emotionally prepared to discuss finances, custody or property division, delays are inevitable. Emotional resistance can manifest as unresponsiveness, hostility or a refusal to compromise – all of which slow down the process.
Average Timelines for Texas Divorces
So, how long to get divorce in Texas on average? Here’s a general guide based on typical cases:
- Uncontested Divorce: Around 2-3 months from filing to final decree.
- Contested Divorce with Mediation: 6-9 months, depending on how quickly agreements are reached.
- Highly Contested Divorce (Trial Required): 9-18 months or longer, especially with children or complex assets.
While these estimates provide a framework, each case is unique. The more organized and cooperative both spouses are, the faster things move.
Tips for Speeding Up the Process
While you can’t eliminate the 60-day waiting period, you can take steps to prevent unnecessary delays.
- Hire an experienced family law attorney: Skilled lawyers know how to navigate the system efficiently and avoid procedural mistakes.
- Stay organized: Gather all financial documents, pay stubs and property records early.
- Be proactive: Respond to your attorney’s requests quickly and attend all scheduled meetings.
- Stay respectful and cooperative: Hostility only leads to more hearings and delays.
- Use mediation strategically: Settling disputes outside court is one of the best ways to shorten your timeline.
By staying informed and prepared, you can significantly reduce how long your divorce takes, even within the constraints of Texas law.
Why Some Divorces Still Take Years
Despite everyone’s best efforts, some divorces seem never-ending. This usually happens when one or more of the following are involved:
- High-conflict custody battles.
- Complex property division (business ownership, real estate, etc.).
- Hidden assets or financial misconduct.
- Repeated continuances (postponed hearings).
- Noncompliance with court orders.
Each additional conflict requires new motions, hearings and negotiations – all of which consume time and legal fees.
The Big Picture: Why Texas Prioritizes Process Over Speed
While the Texas divorce process can feel slow, it’s designed that way for a reason. The law prioritizes fairness, accuracy and protection of rights over quick resolutions. Judges want to ensure that every party has been properly served, every document is accurate and every issue – especially involving children is handled with care.
This approach prevents unfair or invalid divorces that might later be overturned. It also protects people who may not have access to legal representation or who are at a disadvantage in terms of finances or information.
In Wrapping Up
If you’re wondering how long to get divorce in Texas, the answer depends on your circumstances but patience and preparation are key. Texas law sets a 60-day minimum but the real timeline depends on your cooperation, your spouse’s attitude and the complexity of your assets and family situation.
Divorce isn’t just a legal process, it’s a transformation. It’s about creating a new future, rebuilding financial stability and redefining family life. The timeline might feel slow but it ensures that every aspect of that transformation happens with fairness and clarity.
Other Related Articles:
- How Long Does a Divorce Take in Texas? Real-Life Examples Explained
- How Long Does A Divorce Take In Texas Could Affect Your Future
- How Long Does a Divorce Take If a Spouse Won’t Sign in Texas?
- How Long Does a Divorce Take in Texas? Timelines You Need to Know
- How Long Does a Contested Divorce Take in Texas? Simplifying the Legal Process
- The Legal Side of How Long Does Divorce Take In Texas Explained
- How Long Does a Divorce Hearing Take in Texas Courtrooms?
- Why the Divorce Process in Texas Takes So Long – and Why It’s Becoming More Common
- Divorce by Publication in Texas: How Long It Takes and the Legal Side Explained
- What Everyone Gets Wrong About How Fast You Can Get a Divorce in Texas
