How Long Does a Divorce Take in Texas?

Article Summary

Divorce in Texas: how long does it take? While state law requires a minimum 60-day waiting period, an uncontested divorce can take as little as two to four months. A contested divorce can take anywhere from six months or longer, depending on the complexity of the case or the hostility between the parties. The timeline depends on factors such as whether children are involved, the intricacies of the marital estate, the issues in dispute, how well the spouses cooperate and the court’s schedule.

Key Takeaways:

• There’s a minimum 60-day waiting period to divorce in Texas. A straightforward uncontested divorce may take longer once paperwork, court scheduling and unexpected events are factored in.
• It may be possible to finalize an uncontested divorce in two to four months. However, the spouses must have no contested issues and delays can still occur.
• Contested divorces typically take six months to over a year. Highly complex or acrimonious cases may take two years or longer.
• Children, complex marital estates, unresolved disputes and tight court schedules can increase the timeline. A lack of cooperation between spouses can also significantly extend the process.
• Mediation can help shorten the divorce timeline. When spouses can resolve disputed issues through mediation, they may avoid some of the time and expense associated with taking their case to trial.

Texas requires a minimum 60-day waiting period after filing for divorce, but most divorces take longer. After making the difficult decision to get divorced, it’s natural to want to put the whole thing behind you as quickly as possible. However, the timeline between filing for divorce and finalizing one depends on a variety of factors.

In many cases, how long a divorce takes in Texas largely depends upon how well the spouses get along. If the divorce is amicable and uncontested, it could be finalized in as little as a few months. If the divorce is contentious, the process could stretch out for a year or longer.

The sections below break down the things that can affect how long a divorce takes in Texas and what you can expect along the way.

The 60-day waiting period: Texas’ starting point

After filing divorce papers in Texas, a court can’t finalize a divorce until at least 60 days after the petition for divorce has been filed, except in limited circumstances. The waiting period is required under Texas Family Code § 6.702 and applies to all divorces, even uncontested cases where both parties agree on everything.

However, the actual answer to “how long does a divorce take in Texas” isn’t 60 days, because that timeline is the floor, not the ceiling. Even the most straightforward uncontested divorce typically takes two to four months due to court scheduling and paperwork processing.

Now for the exceptions to the 60-day waiting period. According to Texas law, the court may waive the waiting period in cases when a respondent has been convicted of or received a deferred adjudication for an offense involving family violence. The exception may also apply when the petitioner has obtained an active protective order or active magistrate’s order for emergency protection due to family violence.

How long an uncontested divorce takes in Texas

Allowing for the mandatory waiting period, how long does it take to get a divorce in Texas if it’s uncontested? Uncontested cases can be pretty straightforward. That generally makes the process go more smoothly and can result in a quicker resolution.

In order to get an uncontested divorce in Texas, both parties must agree on all major issues, including property division, debt and when children are involved, child custody, before the case can go before a judge. Keep in mind, it’s very rare for a case to be uncontested when a couple has children.

If a divorce is truly uncontested, the case can often be finalized within two to four months of filing. The court mainly needs to review and approve agreements rather than resolve disputes.

However, even amicable divorces can be delayed by court docket backlogs, incomplete paperwork or last-minute disagreements. So, how long does it take for a divorce in Texas when it’s uncontested? Two to four months is a best-case scenario, not a guarantee.

How long a contested divorce takes in Texas

One big difference between a contested and uncontested divorce is that at least one issue still needs to be resolved in a contested case. These issues sometimes involve property division disputes, child custody disagreements or potential fault grounds for the divorce proceeding. That often means it will take longer to finalize the divorce.

Less complex contested divorces can take around six months to over a year to complete. More complex cases can stretch two years or more depending on the issues involved, the court’s docket and other factors the couple can’t control.

Contested cases typically move through several stages: temporary orders hearings, discovery, mediation and potentially trial. Each stage adds time, and the more issues in dispute, the longer each stage takes. So, how long does it take to get divorced in Texas for a contested case? In general, six months on the low side to two-plus years for a highly complex or acrimonious divorce.

What affects how long your divorce takes?

The biggest factors that can impact the length of a divorce in Texas are whether the divorce is contested, whether children are involved and the complexity of the marital estate. Other issues can also extend the timeline.

• Children: Custody and support disputes are among the most time-consuming issues in Texas divorces. When parents can’t agree on a parenting plan, the court must evaluate the best interest of the child, which can involve extra hearings, evaluations and extended negotiation.
• Property and assets: Dividing a marital estate takes longer when significant assets are involved, such as businesses, retirement accounts, real estate or investments that may need to be valued before they can be divided. Texas is a community property state, and distinguishing community from separate property can be a difficult and lengthy process, especially when assets have been commingled during the marriage.
• Fault grounds: Filing a divorce based on fault grounds, such as adultery, cruelty or abandonment, requires the party to present evidence to prove fault, which adds complexity and time.
• Court availability: Even when both parties are ready to finalize their divorce, Tarrant County court dockets can create delays outside either party’s control.
• Lack of cooperation between spouses: High-conflict cases or a spouse using procedural tactics to delay the process can significantly extend a timeline.

Taken together, these factors can make it difficult to predict exactly how long a divorce will take. However, resolving disputes away from the courtroom can help couples avoid some of the delays that come with litigation.

The role of mediation in the Texas divorce timeline

In the movies, divorce cases often build to a climactic court battle with lawyers and litigants making impassioned speeches before a judge or jury. In reality, most Texas divorces are resolved through negotiation or mediation rather than trial. Both approaches can shorten the divorce timeline if spouses can reach an agreement without having a judge resolve their disputes at trial.

In mediation, a neutral third party helps both sides and their respective attorneys work through disputed issues, and any agreement reached and formally executed is binding once signed by the judge. Mediation works best when both parties are willing to negotiate in good faith. When it succeeds, it can compress a contested case from years to months.

Even in a contested case, it is often in both parties’ best interest to go to mediation. Some counties, including Tarrant County, may even require mediation before a contested case goes to trial.

Texas divorce timeline: a general overview

For every divorce in Texas, the timeline is unique. Since most cases move through the same basic stages, the following timeline may help you get a general idea of how long it takes to divorce in Texas.

1. File the petition—Day 1: Filing the divorce petition starts the 60-day waiting period.
2. Serve the other spouse—usually within one to three weeks of filing: The other spouse must be formally served with the divorce petition unless service is waived.
3. Response due—about 20 days after service: After being served, the other spouse generally must file a response by 10 a.m. on the Monday after the expiration of 20 days following service, as described in the Texas Rules of Civil Procedure, Rule 99.
4. Temporary orders hearing—typically two to six weeks after filing: If temporary orders are needed, a hearing may be scheduled to address issues such as child custody, support, use of property and living arrangements while the divorce is pending. If a temporary restraining order (TRO) is in place, the hearing must be scheduled before the TRO expires in 14 days.
5. Discovery—timing varies: During discovery in a divorce, the spouses exchange documents and information relevant to the divorce. Some discovery requests require a response within 30 days, but the overall length of discovery depends on the issues involved with the case, the information being requested and whether disputes arise during the process. Sometimes, formal depositions of the parties or other witnesses are taken during this period.
6. Mediation—timing varies: A simple mediation may be completed in a single four- to eight-hour session. More complex cases or situations where the parties have trouble coming to agreement may require multiple sessions over a period of weeks or months.
7. Trial, if necessary—timing varies: If the spouses can’t resolve the disputed issues through mediation, the case may proceed to trial. How long it takes to get to and complete trial depends on the complexity of the case, the parties involved and the court’s docket.
8. Final decree—60 days at the earliest: The divorce becomes final once all issues have been resolved and the judge signs the final decree. This is true even when the parties sign a Mediated Settlement Agreement during mediation.

While most Texas divorces follow these general stages, the time spent during each step can vary significantly, depending on the specifics of the case. Having an idea of what to expect can help you prepare for the process and potential delays along the way.

How the Sisemore Law Firm can help move your case forward

So, how long does divorce take in Texas? While some factors are beyond the spouses’ control, having experienced legal representation can help prevent avoidable delays and keep the case moving forward. 

At the Sisemore Law Firm, our divorce attorneys in Fort Worth help Tarrant County clients understand what to expect during each phase of the divorce process, prepare necessary documentation and work toward a resolution through negotiation, mediation or litigation when necessary.

An initial consultation can give you a more realistic picture of how long your specific divorce may take. By reviewing the details of your case, our attorneys can identify potential delays and explain what you can do to keep the process moving. Contact us to schedule an initial consultation and discuss your situation.

Frequently asked questions about the Texas divorce timeline