How Long Does It Take to Finalize a Divorce in Texas

When you are ready for a divorce to be over, not knowing how long it will take can be one of the hardest parts. The answer to how long it takes to finalize a divorce in Texas starts with a fixed minimum: a judge cannot grant a divorce until at least 60 days have passed since the petition was filed. After that, the timeline depends on how much the spouses agree on. An uncontested case can be finalized shortly after the waiting period ends, while a contested case lasts until every disputed issue is settled or decided by the court.

What Is the Minimum Time to Finalize a Divorce in Texas?

Section 6.702 of the Texas Family Code provides that a court may not grant a divorce before the 60th day after the suit was filed, and the rule applies even when both spouses agree on everything.

The clock starts when the petition is filed with the district clerk, not when the spouses separate or when the other spouse is served, meaning formally handed the divorce papers. As a result, a delay in filing pushes the earliest possible final date back by the same amount.

Residency is a separate requirement that has to be met before filing, so it does not add time to the 60-day count. The divorce filing requirements in Texas set how long one spouse must have lived in the state and in the filing county.

Reaching day 60 does not finalize anything on its own. Someone still has to draft the Final Decree of Divorce, the order that ends the marriage and settles each issue, and a judge has to approve and sign it, which can happen at a short prove-up hearing where the judge reviews the agreed terms.

How Long Does an Uncontested Divorce Take in Texas?

An uncontested divorce is one where the spouses agree on every issue, including property, debts, children, and any spousal support. These cases tend to move fastest, because once the 60 days pass, the remaining steps are drafting the decree and getting it signed. The other spouse can sign a waiver of service, a document confirming they received the petition without formal service, which removes another step. The difference between uncontested and contested divorce is the starting point for any realistic estimate.

How Long Does a Contested Divorce Take in Texas?

A contested divorce has no set length. A case is contested when the spouses disagree on even one issue, and the final decree has to wait until a settlement or a ruling resolves each one. The more issues in dispute, and the further they travel through the court process, the longer the case runs.

What Can Extend a Texas Divorce Timeline?

Several issues can push a Texas divorce well past the 60-day minimum:

• Property disputes: Before the court divides the estate, meaning the property the spouses own, the spouses generally have to identify and value it, and disagreements over what a house, a business, or a retirement account is worth, or whether something is separate property, add time.
• Custody and conservatorship disputes: Conservatorship is the Texas term for custody, and parenting plans, possession schedules, and a court-ordered custody evaluation or home study can all add time.
• Temporary orders hearings: While the case is open, the court may hold hearings on temporary orders covering custody, support, or who stays in the family home.
• Discovery and financial disclosures: Discovery, the formal exchange of financial records and other information between the spouses, slows down when documents are missing or disputed.
• Mediation: Texas law allows a court to refer a divorce to mediation, a negotiation guided by a neutral mediator, before the case reaches trial, which adds a step to the schedule even when it resolves the dispute.
• Trial settings: If the case does not settle, a trial date depends on the court’s calendar, and in Harris County, divorces are heard by the county’s 10 family district courts.

Are There Exceptions to the 60-Day Waiting Period?

Yes, in narrow family violence situations. Under Section 6.702(c), the waiting period does not apply if the court finds that the other spouse was finally convicted of, or received deferred adjudication for, a family violence offense against the filing spouse or a member of that spouse’s household. Deferred adjudication is a form of probation that can end without a conviction. The waiting period also does not apply if the filing spouse has an active protective order, or an active magistrate’s order for emergency protection, against the other spouse based on family violence during the marriage.

Annulments and declarations that a marriage is void carry no waiting period at all. For someone dealing with family violence, safety comes first, and a protective order is a separate process that does not have to wait for the divorce.

A Realistic Answer on How Long It Takes to Finalize a Divorce in Texas

Waiting on a divorce can make every week feel longer, especially when you are not sure what still stands in the way. Every Texas divorce starts from the same 60-day floor, but the rest of the timeline depends on the facts of the case.

1. E. Schmidt & Associates PLLC brings 100 years of combined legal experience to divorce cases across the Houston area. Call (281) 550-6650 or contact us to talk through how long it takes to finalize a divorce in Texas in your situation.

Speak With Our Houston Divorce Attorneys Today

If you are considering divorce or are already involved in one, having the proper guidance can help you move forward with confidence.

For experienced Houston family law attorneys skilled in asset division during divorce, contact C.E. Schmidt & Associates, PLLC today to schedule a consultation.

We proudly serve clients across Texas. Visit our Houston office at:

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Houston, TX 77079
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