“How long does a divorce take in Texas?” is a common question we get from clients. At a time when your emotions are swirling, concerns about divorce costs are growing, and fears about how the kids are handling everything take hold, a reliable road map and timeline can be a major comfort.
So, how long will your divorce take in Texas?
The quick answer: With few exceptions, no Texas divorce can be completed in under 60 days. That’s the quickest. How close you’re able to get to that timeframe will largely depend on whether you and your spouse can agree on divorce terms.
The good news is, you have time right now to familiarize yourself with the process. In this blog, we’ll answer several questions about divorce timelines and how to navigate them, including:
- What is the shortest a divorce can take in Texas?
- Why do many divorces in Texas take longer than 60 days?
- How long does an uncontested divorce take?
- How long does a contested divorce take?
- Do children make a divorce take longer?
- How soon can you remarry after getting divorced in Texas?
- What is the best way to keep your divorce on track?
What is the shortest a divorce can take in Texas?
Texas law builds in a mandatory cooling-off period. Under Texas Family Code section 6.702, a judge cannot grant your divorce until at least 60 days have passed since the day you filed your Original Petition for Divorce. This holds even when you and your spouse agree on everything.
The only exception to the 60-day waiting period for divorces involves documented family violence, such as a relevant conviction against the other spouse or an active protective order. In such cases, the court may agree to finalize your divorce sooner.
Why do many divorces take longer than 60 days?
While “as soon as possible” might be your ideal timeframe, there are several considerations to know about when it comes to your divorce. First, after you file an Original Petition for Divorce in Texas, your spouse must be formally served with the papers or sign a waiver of service, and then they have time to file a response. All of that takes time, and it’s just the beginning of the process.
Once papers are served and your spouse responds, you both must gather financial information, attempt to iron out terms, and prepare your final decree. Gathering all the necessary paperwork and finding time (and courage) to discuss your terms can take longer than expected. It’s not uncommon for one or both parties to shy away from hard conversations because they’re fearful of confrontation. This is one of the most valuable reasons to hire a family law attorney; they can step in, advocate for you, and potentially shield you from some tough emotional moments.
Lastly, even if everything above goes smoothly, courts often have crowded dockets, so a simple, fully agreed-upon case can still take longer than the 60-day waiting period. The takeaway: While it’s a great goal to shoot for 60 days to finalize your divorce, it’s also essential to understand that even the simplest divorces can still take longer.
How long does an uncontested divorce take in Texas?
An uncontested divorce is where you and your spouse agree on property, debt, conservatorship (the Texas term for custody), parenting time, and support. It’s the fastest and often most economical path to completing your divorce. The process includes completing the waiting period, properly filing your paperwork, and, finally, attending a short hearing called a prove-up.
Uncontested divorces can generally take two to four months from filing to final decree, but it depends heavily on your county and how quickly your paperwork comes together.
How long does a contested divorce take?
When you and your spouse don’t agree on major issues, the case becomes contested, and the timeline can grow. Contested cases often involve steps like exchanging information through discovery, attending mediation, and possibly setting the case for trial, all of which take time and depend on the court's calendar.
Contested divorces can sometimes take up to a year to finalize, and cases with complex property or high conflict can take longer. The faster you and your spouse resolve any disagreements, the better.
Do children make a divorce take longer in Texas?
Often, yes. Decisions about conservatorship, possession schedules, and child support are emotional, and working through them can add weeks or months of negotiation to your case.
Some Texas counties also require parents to complete a short parenting class before the divorce is finalized. It’s often worth consulting with a family law attorney or checking your court's rules early so that requirements like this don’t catch you off guard.
How soon can you remarry after getting divorced in Texas?
There is one more waiting period for divorces in Texas. Under Texas Family Code section 6.801, you have a 30-day waiting period before either spouse may marry a different person. Two exceptions apply to this rule:
- You and your spouse may remarry each other at any time.
- Under Texas Family Code section 6.802, a court can waive the 30-day waiting period for good cause.
What is the best way to keep your divorce on track?
While you typically can’t shorten the 60-day waiting period, you can help make the process move as smoothly as possible. Finding mutual ground as you and your spouse discuss terms, keeping documents organized, responding to requests promptly, hiring a family law attorney, and considering mediation are all common ways to prevent unnecessary delays.
If you’d like a realistic timeline for your divorce and a plan to keep things moving, our team at Ballard & Fleetwood, PLLC, can walk you through everything. Contact us today to learn more.
References
- Texas Family Code section 6.702, Waiting Period. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Texas Family Code section 6.301, General Residency Rule for Divorce Suit. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Texas Family Code section 6.801, Remarriage. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Texas Family Code section 6.802, Waiver of Prohibition Against Remarriage. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- Divorce: Finalizing the Divorce. Texas State Law Library. https://guides.sll.texas.gov/divorce/finalizing
- How to Set an Uncontested Final Hearing. TexasLawHelp.org, Texas Legal Services Center. https://texaslawhelp.org/
- Divorce: Finalizing the Divorce. Prove-Up Hearings. Texas State Law Library. https://guides.sll.texas.gov/divorce/finalizing
- Texas Family Code section 105.009, Parent Education and Family Stabilization Course. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.105.htm
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