Divorce is never easy. The thought of dividing assets, handling child custody, and deciding who keeps the house can feel overwhelming.
One of the most common questions people have is: “How long does a Texas divorce really take?” The answer depends on a few key factors, like whether the divorce is contested or uncontested, or if special circumstances apply, such as family violence. Always have a Texas divorce attorney assess what you might expect in your case.
What Is the Minimum Waiting Period in Texas?
One of the main rules to keep in mind is the 60-day waiting period set by Texas law, found in Section 6.702 of the Texas Family Code. Once you file your petition for divorce, the clock starts ticking on this waiting period. The state created this rule to give spouses time to reflect and possibly reconsider. It is sometimes called a “cooling off” period because it requires a bit of breathing room for both parties.
The law is clear that a divorce cannot be granted until at least 60 days have passed. While some people hope to bypass it, the waiting period is usually enforced. If a judge signs a final divorce decree too soon—before the 60 days are up—the divorce might be challenged through a direct appeal.
This means you could face legal complications if you rush the process. However, there is one notable exception: if the divorce involves certain types of family violence, the waiting period can be shortened or waived.
Are There Exceptions to the 60-Day Rule in Texas Divorces?
Yes. Texas recognizes that situations involving family violence are unique. If the person filing for divorce (the “petitioner”) has a protective order or emergency protection order against the other spouse due to violence that occurred during the marriage, the 60-day waiting period may not apply.
The same can be true if the other spouse has been convicted or put on deferred adjudication for a family violence offense. In such cases, judges can speed up the timeline to better protect the victim.
Outside of these specific scenarios, the 60-day wait is mandatory. This cooling-off period is not just a formality; it is a legal requirement designed to protect all parties and ensure that the decision to divorce is not made hastily.
How Long Do Uncontested Divorces Typically Take in Texas?
An “uncontested divorce” means you and your spouse agree on all major issues like property division, child support, and custody arrangements. Because there is no disagreement to work out in court, uncontested divorces often move faster than contested ones.
However, even uncontested divorces are subject to the 60-day waiting period. According to various Texas administrative rules—such as Tex. Dist. Ct. Burleson Cty Lr 7 and Tex. 1st Admin. Jud. Region Lr 10—the aim is to finalize uncontested divorces within three months of the appearance date or three months after the waiting period expires, whichever is later. In many simple cases, people can wrap up their uncontested divorce shortly after the 60-day period is over, assuming all paperwork is in order and schedules allow.
Of course, there can be bumps in the road. Paperwork might be incomplete, or court dockets might be full, causing delays. But in a best-case scenario, an uncontested divorce in Texas can be resolved in about 60 days from the date you file, give or take the time needed for administrative or scheduling tasks.
What About Contested Divorces in Texas?
If you and your spouse cannot agree on important details—like how to split assets, how to handle child custody, or how much spousal support to pay—your divorce is considered “contested.” Contested divorces typically involve more court hearings, negotiation, or mediation. Because of these extra steps, they usually last longer.
Texas court rules say that contested family law cases should reach a final resolution or go to trial within six months of the appearance date, or six months after the 60-day waiting period ends—whichever is later. Even with these guidelines, a variety of factors can extend that timeline, such as:
- Difficulty serving your spouse with legal paperwork
- Complex financial or property issues
- Scheduling conflicts with the court
- The need for child custody evaluations or mediation
In many contested cases, it is not unusual for a divorce to take anywhere from six months to a year (or even longer) if the disagreements are very complex.
What Is the Appearance Date?
Sometimes you will hear mention of an “appearance date.” This is usually the deadline by which the respondent (the spouse who did not file the divorce petition) must file an answer. After that point, the court expects both parties to move toward a resolution.
If the case is contested, the court aims to have it settled or go to trial within six months of that date (or six months after the 60-day waiting period, whichever is later). For uncontested cases, the court would like to finalize things within three months of that date (or three months after the 60-day waiting period, whichever is later).
The goal behind these rules is to avoid letting divorce cases drag on for years. Judges want to keep the docket moving and help families find closure as efficiently as possible.
Does Court Scheduling Affect the Divorce Timeline?
Absolutely. Court availability is a real factor in how long your divorce will take. Even if you and your spouse are prepared to go to court, you might have to wait for an open hearing date. Busy courts can mean that your divorce hearing or trial is scheduled months down the road. This can be frustrating, but it is often out of your control.
To minimize scheduling issues, it is vital to file all your paperwork correctly and on time. Missing deadlines or turning in incomplete documents can result in longer delays. Working with an experienced Texas divorce lawyer can help ensure your case stays on track.
What If Residency Requirements Are Not Met Per Texas Law?
Texas law requires at least one spouse to have been a domiciliary (resident) of Texas for six months and a resident of the specific county (like Bexar County, if you are in the San Antonio area) for 90 days before you file for divorce. If you file too early—before meeting these residency requirements—you will have to amend your paperwork later, which can reset timelines and add confusion.
In other words, if you are new to Texas, you might need to wait until you fulfill these residency requirements before you can even start the 60-day waiting period. This could extend the overall timeline. Some people choose to separate informally until the residency requirements are satisfied.
How Do You Keep Your Divorce Moving in Texas?
Below is a quick list of steps you can take to help your divorce process move along as quickly as possible. Keep in mind there is only so much you can control—especially if you have a contested case—but being prepared can reduce delays:
- File Correctly and Completely: Make sure all initial paperwork is done right, including showing you meet the residency requirements.
- Respond Promptly: If you receive any documents or requests from your spouse, answer quickly to avoid unnecessary delays.
- Gather Financial Documents Early: Get all bank statements, tax returns, and other paperwork organized ahead of time.
- Aim for Cooperation Where Possible: Even if you have differences, try to agree on smaller issues, which can save time in court.
- Consider Mediation: Mediation can help resolve disputes faster and with less conflict than a full-blown trial.
- Hire an Experienced Lawyer: A Texas divorce lawyer can make sure you follow all rules and deadlines while protecting your interests.
Could a Divorce Take Longer Than Six Months in Texas?
Yes, it can. While the court’s goal for contested cases is six months from the appearance date (or from the end of the 60-day waiting period), some divorces simply need more time. High-asset divorces, complicated child custody matters, or uncooperative spouses might stretch your timeline beyond the typical target.
Even uncontested divorces can take longer than 60 days if you have trouble scheduling a hearing or finalizing documents. Realistically, you should be ready for potential bumps in the road. The best approach is to work with an attorney who can help navigate any hurdles as they come up.
When Does the Divorce Become Official in Texas?
Your divorce is official once a judge signs the final divorce decree. That decree sets out all the important details, like property division, child custody, child support, and spousal maintenance (if any). Until the decree is signed, you remain legally married—even if the waiting period has passed or you have started living separately.
After the judge’s signature, you are divorced. You can request certified copies of the decree for your records or to handle tasks like changing your name or updating financial accounts.
Need Help with Your Texas Divorce? Contact The Cook Law Firm & Associates PLLC
At the end of the day, your divorce will take at least 60 days—longer if contested or if other complications arise. Knowing the rules and procedures can help you feel more prepared, but it is still easy to feel overwhelmed.
That is where The Cook Law Firm & Associates PLLC comes in. Texas divorce lawyer Justin Cook has the knowledge and experience to help you succeed in the divorce process.
Call 210-740-0281 or fill out our online contact form to schedule a consultation. We will walk you through every step, keep your case moving forward, and make sure your rights and interests are protected. Let Texas divorce attorney Justin Cook help you find a path to the next chapter of your life.