Skip to content 
Some divorces take years, while others move quickly—sometimes in just a matter of weeks. If you’re wondering, how fast can I get divorced, the answer depends on a few important factors. In Texas, there’s a mandatory 60-day waiting period after filing, but that doesn’t mean the process has to be slow. If both parties agree on the major issues—like property division, custody, and support—you can streamline the process significantly. By understanding the legal timeline, staying organized, and filing the right documents at the right time, you can move through divorce efficiently without overlooking critical requirements.
The Mandatory Waiting Period
Texas has a 60-day waiting period for most divorce cases. The court starts counting on the day you file the Original Petition for Divorce. The soonest you can finalize the divorce is on day 61, assuming everything else is ready.
This rule applies even when both spouses agree on all terms. The waiting period gives both parties time to reflect before making the split final. Courts rarely waive this rule, except in cases involving family violence.
If you try to rush through the process, the judge will likely reject your paperwork and ask you to come back after the 60 days pass.
Exception to the Rule
If a protective order for family violence is already in place, or if one spouse has a recent conviction for domestic abuse, the court may waive the waiting period. You must provide proof, and the judge has the final say.
What Happens During the 60 Days?
Just because you can’t finalize the divorce immediately doesn’t mean you can’t do anything. The waiting period gives you time to:
- Serve your spouse with divorce papers
- Agree on key issues like property, custody, and support
- Complete and file the required documents
- Draft the Final Decree of Divorce
- Schedule a court hearing if needed
Use this time wisely. If you and your spouse cooperate, you can complete every step so you’re ready for court on day 61.
Fastest Scenario: Agreed Divorce with No Children or Property
If you and your spouse agree on everything and have no children or major assets, your divorce can move quickly. After filing, serving papers, and waiting the 60 days, you can attend a short hearing to finalize the divorce.
This type of divorce is called an “agreed divorce.” You still must file all the correct forms, but the process is much smoother. Many people finish everything in about two to three months.
You may qualify for an agreed divorce if:
- You have no children together
- You don’t own real estate
- You don’t have retirement accounts to divide
- Y ou both agree on how to split debts and property
If any of these don’t apply, the court may require additional forms, hearings, or disclosures.
Contested Divorce Takes Longer
If you and your spouse don’t agree on major issues like custody, property division, or support, the process slows down. Contested divorces take several months and sometimes longer than a year.
You must go through extra steps, including:
- Temporary orders hearings
- Mediation
- Discovery (sharing financial documents)
- Multiple court appearances
Delays happen when one party doesn’t respond, files motions to stall, or refuses to compromise. If your spouse hires an attorney and fights every issue, you can expect a long timeline.
Can You Speed Up the Process?
You can’t skip the 60-day wait, but you can reduce delays by preparing early. Here are ways to move faster:
1. File the Correct Forms Immediately
Mistakes in paperwork cause major delays. Use forms approved by Texas courts or consult with a legal aid office to avoid redoing anything.
2. Serve Your Spouse Quickly
You can’t move forward until your spouse receives legal notice. Use a process server or constable to complete service fast.
3. Prepare a Final Agreement
If you and your spouse agree on custody, property, and support, write it down and submit a signed Final Decree. The judge can approve it once the 60 days pass.
4. Stay Available
Don’t miss court dates or delay communication. The more responsive you are, the smoother the process becomes.
5. Use Mediation for Disputes
If you can’t agree, consider mediation instead of court. Mediators help both sides reach a compromise, often in one or two sessions.
How Long Does It Take If Children Are Involved?
When kids are part of the case, divorce usually takes longer. You must address:
- Custody and visitation
- Child support
- Medical and dental coverage
- School decisions
- Holidays and travel
Even in agreed divorces, Texas requires a parenting plan. You must also complete a medical support order. If the court has concerns about the child’s safety, it may appoint a guardian ad litem or require evaluations, which extend the timeline.
Waiting to Finalize a Divorce May Affect Your Rights
Delays can have consequences. Until the court issues the final order, you remain legally married. That means:
- You can’t remarry
- You still share debts and financial ties
- You may be liable for your spouse’s actions
- Property continues to be community property
The longer your case stays open, the more financial risk you carry. That’s why quick action and cooperation matter.
Can You Get a Divorce Without Going to Court?
In some cases, yes. If both spouses agree and file an uncontested divorce with a signed Final Decree, only one spouse may need to attend a short court appearance. Some counties allow remote hearings or document-only filings, but this varies.
If you want to avoid court completely, check if your county supports uncontested e-filing or Zoom hearings. These options still require full compliance with the 60-day rule.
Common Reasons for Divorce Delays
Missing Paperwork
If you don’t submit the right forms, the judge won’t approve your case. Courts often reject incomplete or incorrect documents.
Difficulty Serving Papers
If your spouse avoids service or moves out of state, you must file extra motions or use alternative methods. That adds weeks or months.
Disputes Over Property or Custody
Legal battles drain time and money. Mediation or settlement agreements help avoid drawn-out court fights.
Uncooperative Spouse
If your spouse ignores deadlines or files excessive motions, it drags the process out. The court can issue sanctions, but enforcement takes time.
Final Thoughts
How fast can I get divorced in Texas? The quickest timeline is 61 days from the date you file your divorce petition—thanks to the state’s mandatory 60-day waiting period. But that speed assumes everything goes perfectly: full agreement between spouses, no children, no shared property, and flawless paperwork. In reality, most divorces take closer to 90 days or more.
If you’re aiming for a faster divorce, preparation is key. Start early, stay organized, and keep open communication with your spouse. Missed documents, court backlogs, or unresolved issues can drag the process out. While you can’t skip the legal waiting period, you can control how ready you are when it ends—making all the difference in how quickly you move on.
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=a3PK2HcKcL5sbjTfQ34Iw)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=0TAaIlPpzb4QWRK62HCR4g)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- How to Divorce Fast in Texas: A Quick Guide to Uncontested Divorce
- How Long Does a Divorce Hearing Take in Texas Courtrooms?
- How to Get a Quick Divorce in Texas: Fast and Easy Steps
- I Want a Texas Divorce, but My Husband Doesn’t: What can I do?
- Am I Married? – Marital Status in Texas
- Can I sue my spouse’s mistress in Texas?
- 6 Tips – On How to prepare for a Texas Divorce
- Roadmap of Basic Divorce Procedure in Texas
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
- How to speed up your divorce in Texas
- 15 Quick Tips Regarding Filing for Divorce in Texas
