How Long Does a Divorce Take in Texas?

How long does a divorce take in Texas?

A Texas divorce takes at least 60 days from the day the petition is filed, and beyond that it takes as long as the spouses' disagreements take to resolve. The law fixes the minimum; it sets no maximum.

An agreed divorce can be finalized soon after the waiting period ends if the paperwork is ready and the court has time for the final hearing. A contested divorce runs on a different clock: financial disclosure, temporary orders, mediation and possibly trial, each depending on the facts and on the court's schedule.

Nobody can honestly promise a date at the start of a contested case. A lawyer can tell you which steps your case is likely to need and what would speed it up or slow it down. The overall steps are on the divorce page.

Is there a waiting period to get divorced in Texas?

Yes. Under Texas Family Code § 6.702(a), a court may not grant a divorce before the 60th day after the date the suit was filed. The days are calendar days, and the count begins on the filing date, not the date your spouse was served and not the date you separated.

The waiting period exists so spouses have time to reconsider and to work out terms. It does not mean the divorce becomes final automatically on day 60. A judge still has to sign a final decree, either on an agreement or after a trial.

When the 60-day wait does not apply

Section 6.702(c) removes the waiting period if the court finds either of these:

• The respondent was finally convicted of, or received deferred adjudication for, an offense involving family violence against the petitioner or a member of the petitioner's household.
• The petitioner has an active protective order, or an active magistrate's order for emergency protection, based on a finding of family violence the respondent committed during the marriage.

Do we have to be separated before filing for divorce?

No. Texas has no required separation period before filing, and you can file while you still live in the same house. Most Texas divorces are granted on the no-fault ground of insupportability.

Living apart is a separate ground for divorce only after three years without cohabitation (Texas Family Code § 6.006), so it rarely matters for timing. Where you live during the case can matter for temporary orders about the house and the children, so ask a lawyer before you move out.

Can I get divorced in Texas if we got married in another state?

Yes. Where you were married does not matter; what matters is where you live now. Under Texas Family Code § 6.301, a Texas divorce can proceed only if, when the petition is filed, either spouse has been domiciled in Texas for the previous six months and has lived in the county of filing for the previous 90 days.

If neither spouse meets those requirements yet, the divorce has to wait or be filed elsewhere. Only one spouse needs to qualify, and it can be either the one filing or the one being sued. Special rules exist for military members and for spouses who live outside Texas when the other spouse lives here.

What makes a divorce take longer than 60 days?

Disagreement makes a divorce take longer, not the law. The common causes of delay are:

• Disputed custody. Possession schedules, conservatorship and relocation can require evaluations, temporary orders hearings and more negotiation.
• Complex property. A business, stock options, real estate or separate-property claims may need appraisers or forensic accountants.
• Incomplete disclosure. Missing or hidden financial records lead to discovery requests and motions.
• Service problems. A spouse who avoids being served, or who cannot be found, delays the start of the case.
• The court's calendar. Hearings and trial settings depend on the court's docket.

A spouse who refuses to sign cannot stop a Texas divorce. Once properly served, a spouse who does not file an answer by the deadline can face a default judgment, and a spouse who answers but will not agree turns the case into a contested one that a judge can decide. See contested divorce.

Can I get divorced if I don't know where my spouse lives?

Yes, but it adds time. If your spouse cannot be found after a diligent search, the court can allow another form of service, such as service by publication under the Texas Rules of Civil Procedure, once you show what efforts you made.

The extra steps, a search, a sworn statement of your efforts, the court's permission and the response period, all come before the case can be finalized. A divorce granted after publication may also have limits on what the court can order about property and support, so get advice before choosing this route.

How can we finish a divorce faster?

The fastest Texas divorce is one where both spouses agree on every issue by the end of the 60-day period and the papers are ready to sign. Practical steps that help:

1. Exchange complete financial information early, before positions harden.
2. Settle property and children's issues in one prepared mediation rather than in hearings. See mediation.
3. Have the agreed decree drafted while the waiting period runs, so it can be signed soon after day 60.
4. Respond quickly to your lawyer's requests and to offers from the other side.

Speed should not cost you rights. A rushed agreement that overlooks a retirement account or a tax issue can take longer, and cost more, to fix later. See uncontested divorce for how agreed cases work.