How Long Does Divorce Take in Texas?

When facing divorce in Texas, understanding the timeline is essential for planning your next steps. While the minimum legal timeframe is just over 60 days, the reality for most couples is considerably longer. Texas law imposes a mandatory 60-day waiting period before any divorce can be finalized, and contested cases typically extend to 6-12 months or more. This comprehensive guide breaks down each phase of the Texas divorce process, from filing your Original Petition through receiving your signed Final Decree, helping you set realistic expectations whether your case is agreed or contested.

The Mandatory 60-Day Waiting Period

Texas Family Code § 6.702 establishes a strict minimum waiting period: the court cannot grant a divorce before the 60th day after the date you filed your Original Petition for Divorce. This means the earliest your divorce can be finalized is day 61 after filing.

This waiting period serves two purposes:

• Cooling-off period: Gives couples time to reconsider and potentially reconcile
• Administrative processing: Allows time for proper service, response, and court scheduling

The 60-day minimum applies to all Texas divorces, including fully agreed uncontested cases. There is only one exception: if domestic violence led to the filing and the other spouse has been convicted of or received deferred adjudication for family violence against you or your child, the court may waive the waiting period.

Importantly, while the 60-day period prevents finalization, it doesn't stop other proceedings. During this time, courts can—and often do—issue temporary orders addressing child custody, child support, spousal support, and use of property.

Texas's mandatory 60-day cooling-off period can be used wisely with a divorce planning app that helps you prepare finances and paperwork in the meantime.

Phase 1: Filing the Petition (Week 1)

Your Texas divorce timeline officially begins when one spouse (the Petitioner) files an Original Petition for Divorce with the District Court.

Residency and Venue Requirements

Before you can file, Texas Family Code § 6.301 requires:

• 6 months Texas domiciliary: One spouse must have lived in Texas for at least 6 months
• 90 days county residency: That spouse must have lived in the filing county for at least 90 days

You file in the District Court (or Family District Court where applicable) of the county meeting these requirements.

Filing Fee and Initial Documents

The statewide base filing fee for a new civil case in Texas District Court is $350, consisting of (see our complete Texas divorce filing checklist for all required documents):

• $137 state consolidated civil fee
• $213 local consolidated civil fee

Counties may add small charges for issuing citation, copies, and constable/sheriff service. Many counties maintain standing orders that automatically take effect upon filing, restraining both parties from certain actions (hiding assets, disturbing the peace, changing insurance, etc.).

If you cannot afford the filing fee, you can file a Statement of Inability to Afford Payment of Court Costs to request a fee waiver.

Timeline for Phase 1: Day 1 (The 60-day clock starts the day after filing)

Phase 2: Service of Process (Weeks 1-3)

After filing, the Petitioner must properly serve the Respondent (the other spouse) with the filed petition and a citation (summons). Texas law provides several methods:

Service Methods

• Personal service: Hand-delivery by a process server, sheriff, or constable (most reliable method)
• Certified mail with return receipt: If the Respondent signs and returns the receipt
• Court-ordered alternative service: Including email or social media (requires court approval and showing that traditional methods failed)
• Waiver of Service: Respondent can sign a notarized waiver acknowledging receipt (must be notarized, not just digitally signed)

The Respondent then has a specific deadline to respond.

Timeline for Phase 2: 1-3 weeks (depending on service method and cooperation)

Phase 3: Response Deadline (Day 20+ After Service)

Once properly served, the Respondent must file a written answer "by 10:00 a.m. on the Monday next following the expiration of 20 days after service." This unique Texas deadline calculation means:

• Count 20 days from the date of service
• Find the first Monday after that date
• The answer is due by 10:00 a.m. that Monday

What happens if no answer is filed? The Petitioner can request a default judgment, meaning the court may grant the divorce and award everything requested without the Respondent's participation. However, special protections apply if the Respondent is on active military duty (Servicemembers Civil Relief Act).

Timeline for Phase 3: Approximately 20-25 days after service

Phase 4: Initial Disclosures and Discovery (Months 2-6)

Texas Rules of Civil Procedure require automatic initial disclosures in most civil cases filed after January 1, 2021. Each party must serve initial disclosures within 30 days after the first answer or general appearance is filed.

Discovery Control Levels

Texas divorce cases fall into discovery "levels" that determine how much discovery (information exchange) is allowed:

• Level 1: For divorces without children and with marital estate ≤$250,000 (180-day discovery period)
• Level 2: All other family cases (discovery until 30 days before trial)
• Level 3: Custom plans ordered by the court for complex cases

Discovery tools include:

• Interrogatories (written questions)
• Requests for Production (documents)
• Requests for Admission
• Depositions (sworn testimony)
• Expert witness disclosures

Timeline for Phase 4: 2-6 months for contested cases with active discovery

Phase 5: Temporary Orders (Months 1-3)

While the divorce is pending, either party can request temporary orders to address urgent issues. Texas Family Code § 6.501 allows courts to issue:

• Temporary conservatorship: Who has custody during the divorce
• Temporary possession schedule: Parenting time arrangements
• Temporary child support: Based on Texas guideline formula
• Temporary spousal support: Financial assistance during the case
• Exclusive use of residence: Who stays in the family home
• Control of property or business: Maintaining status quo

Temporary orders typically require a hearing with live testimony. Courts may also require parents to complete a parent education and family stabilization course (4-12 hours) when children are involved.

Timeline for Phase 5: Hearing typically scheduled 2-4 weeks after filing the motion

Phase 6: Mediation and Settlement (Months 3-6)

Many Texas counties require mediation before allowing a contested divorce to proceed to trial. Texas encourages Mediated Settlement Agreements (MSAs) as an efficient way to resolve disputes.

Binding MSA Requirements

For an MSA to be binding under Texas Family Code § 6.602, it must:

• Prominently state it is "not subject to revocation" (in bold, all caps, or underlined)
• Be signed by both parties
• Be signed by any attorney present at mediation

A properly executed MSA entitles a party to judgment on the agreed terms.

Collaborative Divorce Alternative

Texas also offers a collaborative family law process (Chapter 15 of the Family Code), where specially trained attorneys guide the parties through structured negotiations. If the collaborative process fails, the collaborative attorneys must withdraw, and new counsel takes over for litigation.

Timeline for Phase 6: Mediation typically occurs 3-6 months after filing; may require multiple sessions

Phase 7: Final Hearing or Prove-Up (Month 2-12+)

The timeline diverges significantly based on whether your case is agreed or contested.

Agreed/Uncontested Divorce

If both spouses agree on all terms, you proceed to a short "prove-up" hearing after the 60-day waiting period. At the prove-up:

• The Petitioner testifies briefly about residency, grounds, and the agreement
• The judge reviews the Final Decree of Divorce
• If satisfied, the judge signs the decree

Uncontested timeline: 61 days (minimum) to 3-4 months (typical, accounting for court scheduling)

Contested Divorce

When spouses cannot agree, the case proceeds to a final trial. Key issues decided at trial:

• Property division: Court divides the marital estate in a manner "just and right" (not necessarily 50/50). Texas is a community property state, but the judge has discretion.
• Child support: Based on mandatory guideline formula (20/25/30/35/40% of net resources for 1/2/3/4/5+ children, up to a cap of $11,700 monthly net resources as of September 2025)
• Spousal maintenance: Strict eligibility requirements; capped at lesser of $5,000/month or 20% of obligor's average monthly gross income
• Conservatorship (custody): Decided under "Best Interest of the Child" standards
• Possession schedule: Parenting time arrangements

Contested timeline: 6-12+ months (sometimes extending to 18-24 months for high-asset or highly contentious cases)

Phase 8: Final Decree and Post-Decree (Week 1+)

Once the judge signs the Final Decree of Divorce, you are legally divorced. The decree must address all relevant issues:

• Grounds for divorce (typically "insupportability")
• Property division with specific awards and transfer deadlines
• Spousal maintenance (if applicable)
• Child-related orders (conservatorship, possession, support, medical/dental coverage)
• Name change (if requested)

You must also complete a Report of Divorce or Annulment (VS-165) for the Texas Vital Statistics Unit before the judge will sign the decree.

Post-Decree Actions

• Execute property transfers (deeds, titles, account transfers)
• Submit Qualified Domestic Relations Orders (QDROs) to retirement plan administrators
• Update beneficiaries on life insurance, bank accounts, retirement plans
• Set up child support payments through the State Disbursement Unit

Estimate Your Texas Divorce Timeline and Costs

Use our calculator to estimate your timeline and costs based on whether your case is uncontested or contested.

Real-World Timeline Scenarios

Scenario A: Fully Agreed, No Children, No Real Property

Facts: Married 4 years, two vehicles (each keeps their own), routine bank accounts, small retirement balances, both agree to "insupportability."

Timeline:

• Day 1: File Original Petition for Divorce; pay $350 filing fee; attach county standing orders
• Days 1-7: Obtain notarized Waiver of Service from spouse
• Day 61+: Short prove-up hearing (or submit affidavit per local practice); present signed Agreed Final Decree; judge signs

Total time: 61-90 days
Estimated cost: $350-$800 (filing fee, notary, minimal court costs)

Scenario B: Contested with Minor Child and Custody Dispute

Facts: 8-year marriage, one child (age 5), home with equity, retirement accounts, disputed primary conservatorship and possession schedule.

Timeline:

• Month 1: File petition + standing orders; file motion for temporary orders
• Month 1-2: Temporary orders hearing; court sets discovery plan and mediation deadline
• Months 2-6: Discovery (interrogatories, requests for production, depositions); parent education course
• Month 6: Mediation session(s); attempt to reach MSA
• Months 7-9: If mediation fails, prepare for trial
• Months 9-12: Final trial; judge issues oral or written ruling; decree prepared and signed

Total time: 6-12+ months
Estimated cost: $5,000-$25,000+ (attorney fees, mediation, discovery costs, expert witnesses)

For longer disputes, a comprehensive divorce planning suite can help Texans budget and potentially save thousands by avoiding costly mistakes.

Frequently Asked Questions

Can the 60-day waiting period be shortened?

Only in extremely limited circumstances: if the respondent has been convicted of or received deferred adjudication for family violence against you or your child. Otherwise, the 60-day minimum is absolute.

Does the 60-day period start when I file or when my spouse is served?

The 60-day clock starts on the date you file your Original Petition for Divorce with the District Court clerk. Service deadlines are separate.

What's the fastest possible Texas divorce?

61 days, if: (1) you file day 1, (2) your spouse immediately signs a waiver of service, (3) you have a fully agreed decree ready, and (4) the court has an immediate prove-up slot available on day 61. In reality, 75-120 days is more typical even for smooth agreed cases.

How long do contested divorces really take?

Most contested divorces take 6-12 months. Complex cases involving business valuations, custody evaluations, or extensive discovery can extend to 18-24 months.

Can I remarry immediately after the decree is signed?

Texas imposes a short statutory bar on remarriage unless the court waives it in the decree. Check your specific decree language before planning a new marriage.