The average time to get divorced in Texas ranges from a few months to over a year, with a legally mandated minimum of 61 days. The most significant factor controlling your divorce timeline is whether you and your spouse agree on all the issues or disagree on one or more issues.
Navigating this process with a Texas family law attorney is the most efficient way to reach the finish line.
The Mandated 60-Day Waiting Period
Texas law includes a required cooling-off period in every divorce case. Once the Original Petition for Divorce is filed with the court, you must wait at least 60 days before a judge is able to finalize the divorce. This means the absolute fastest a person can get divorced in Texas is on the 61st day.
The purpose of this waiting period is to give couples a chance to either reconcile or work through the details of their separation without rushing. Even if you and your spouse agree on everything on day one, the judge cannot sign your Final Decree of Divorce until this 60-day period has passed.Â
The only exceptions to this rule are rare cases involving domestic violence.
Uncontested vs. Contested: The Main Driver of Your Timeline
Beyond the 60-day waiting period, nothing influences how long your divorce takes more than the level of conflict between you and your spouse. Your ability to cooperate and find common ground is the engine that drives your case forward quickly. The path you take falls into one of two categories.
Uncontested Divorce
An uncontested, or “agreed,” divorce is the fastest and most cost-effective path to finalization. In this scenario, you and your spouse agree on every single issue in your case. An agreement on all terms allows your divorce to be finalized close to the 61-day mark.
For a divorce to be uncontested, you must agree on the resolution for every matter, including:
- Property Division: You have a complete agreement on how all community property assets and debts will be divided between you.
- Child Custody: You agree on a parenting plan that outlines the rights and duties of each parent and includes a possession schedule for the children.
- Child Support: Based on Texas guidelines, you agree on the amount of child support to be paid.
Contested Divorce
A contested divorce happens when you and your spouse disagree on at least one issue. A single point of disagreement can turn a case that might have taken a couple of months into one that stretches out for much longer. The more you disagree, the longer the timeline.
Each dispute requires extra time for negotiation, mediation, or court hearings:
- Lengthy Negotiations: Lawyers for both sides must exchange information and proposals, which takes time.
- Formal Discovery: This process involves formally requesting documents and answers to questions, and it follows a strict legal calendar.
- Court Intervention: If you cannot agree, you must ask a judge to make decisions, which requires scheduling hearings that depend on the court’s crowded docket.
How a Family Lawyer Shapes Your Texas Divorce Timeline
A family law attorney does more than just represent you; they actively manage the process and timeline of your case. Their experience with the court system and negotiation strategies is designed to move your case toward an efficient resolution.
Drafting and Filing All Necessary Documents
The Texas divorce process begins with a set of specific legal documents. An attorney prepares these documents correctly and files them with the court to get your case started on the right foot. Mistakes in this initial paperwork cause delays right from the beginning.
Your lawyer handles the Original Petition for Divorce, the citation to notify your spouse, and all other required filings.
Guiding Negotiations
Your lawyer’s primary role is often to resolve disagreements and turn a contested case into an uncontested one. They advise you on your rights and reasonable outcomes, helping you pick your battles.Â
They negotiate with your spouse’s attorney or guide you through mediation to reach a settlement, which is almost always faster and less expensive than going to trial.
Preparing a Final Decree of Divorce
The final goal of every divorce is a signed Final Decree of Divorce. This document is a detailed order that must legally resolve every issue in your case. A judge will reject a decree that is vague, incomplete, or violates Texas law, forcing you to start over and causing major delays.
An attorney drafts a thorough and legally enforceable decree that a judge will sign, allowing you to finalize your case as planned.
FAQ for How Long Does It Take To Get Divorced in Texas?
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Does the 60-Day Waiting Period Start When We Separate?
No, the 60-day clock doesn’t start until one spouse officially files the Original Petition for Divorce with the appropriate Texas court. Living separately for months or years before filing has no impact on this mandatory waiting period. The timer begins on the filing date.
Will Our Divorce Go Faster If We Agree To Use the Same Lawyer?
A single attorney cannot legally represent both parties in a divorce, as it creates a conflict of interest. One spouse can hire an attorney to draft the paperwork for an agreed-upon divorce, and the other spouse can choose to sign it without their own legal representation.
However, for the protection of both parties, each spouse is encouraged to have their own attorney review the documents.
What Happens If We Can’t Find My Spouse?
The process takes longer if you cannot locate your spouse and serve them with the divorce papers. Your attorney has to perform a diligent search and then ask the court for permission to serve them through other means, such as posting a notice at the courthouse or publishing it in a newspaper.
How Does the Complexity of Our Property Affect the Timeline?
Divorces involving complex property portfolios take longer to resolve. Valuing business interests, finding hidden assets, tracing separate property claims, or dividing retirement accounts are all detailed processes that require extra time.
The more there is to identify, value, and divide, the longer the negotiation or litigation process will take.
Can I Get Remarried on the 61st Day?
Even after a judge signs your Final Decree of Divorce, Texas law imposes a second, 30-day waiting period before you can get remarried. This means you must wait 30 days after your divorce is final before marrying someone else legally.
A judge may waive this second waiting period under certain circumstances.
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Start the Next Chapter of Your Life
If you’re ready to move forward, you need a clear, efficient path. While every divorce has its own unique timeline, taking strategic action and focusing on resolution over conflict is the key to an efficient process. The legal journey doesn’t have to be an endless battle.
An experienced legal advocate helps you navigate the system, avoid common delays, and work toward the finish line. You have the power to control many parts of your divorce timeline. A strong legal partner shows you how.
When you’re ready to take the first step, contact the Texas personal injury attorneys at Bailey & Galyen for a confidential consultation. Our team is prepared to listen to your story and explain your options. Call us at (817) 345-0580 to schedule your appointment.
