How Long Does a Divorce Take in Texas?

Texas law sets a minimum waiting period for divorce, but very few divorces finish on that minimum. How long yours takes depends on how much you and your spouse agree on, how complex your property is, whether children are involved and how busy your court is. Here is what to expect at each stage.

The 60-Day Waiting Period

Texas generally requires at least 60 days to pass between the day the divorce petition is filed and the day the court can grant the divorce. That means the earliest a divorce can usually be final is the 61st day after filing. There are limited exceptions, including certain cases involving family violence. The waiting period is a floor, not an estimate.

Before You File: Residency

To file for divorce in Texas, one spouse generally must have lived in Texas for at least six months and in the county where the case is filed for at least 90 days. If you recently moved, you may need to wait or file in a different county. In cities that cross county lines, such as Frisco, Prosper and Plano, your address decides whether you file in Collin County or Denton County.

Stage One: Filing and Service

The case begins when one spouse files an Original Petition for Divorce. The other spouse must then be formally served or sign a waiver of service. In an agreed case, the waiver can be signed quickly. If a spouse is hard to locate or avoids service, this stage can take longer.

Stage Two: Temporary Orders

If spouses cannot agree on how things will work while the divorce is pending, either one can ask the court for temporary orders. These can cover who stays in the home, a temporary possession schedule, child support and who pays which bills. Many couples reach temporary agreements on their own, sometimes in a Rule 11 agreement, which avoids a hearing.

Stage Three: Discovery

In contested cases, each side exchanges information through discovery, which can include financial disclosures, written questions, document requests and depositions. Discovery is often the longest stage, particularly when there is a business to value, retirement accounts to trace or a dispute over separate property.

Stage Four: Mediation

Many Texas courts expect spouses to attend mediation before a contested final trial. A neutral mediator works with both sides to reach a settlement. A signed mediated settlement agreement that meets Texas Family Code requirements is generally binding, and many cases end here. Read more about mediation and court.

Stage Five: Final Decree or Trial

If the spouses settle, the attorneys draft a Final Decree of Divorce, and the court signs it once the waiting period has passed, often after a brief final hearing. If the spouses cannot settle, the case is set for trial, and the timeline then depends on the court's docket. Contested trials can push a case well past a year.

Typical Timelines

An uncontested divorce with no disputes over property or children can sometimes be finished shortly after the 60-day waiting period. A contested divorce that settles at mediation commonly takes several months. A heavily contested case with children, significant assets or a trial can take a year or longer. Every case is different, and your attorney can give you a better estimate once they know the facts.

What Slows a Divorce Down

Disagreements over custody, hidden or hard-to-value assets, business valuations, a spouse who will not cooperate with discovery and crowded court dockets are the most common reasons for delay. What speeds a divorce up is the reverse: organized financial records, a willingness to negotiate and early use of mediation.

Frequently Asked Questions

What is the fastest a Texas divorce can be final?

Generally not before the 61st day after the petition is filed. There are limited exceptions, such as certain cases involving family violence.

Does mediation speed up a divorce?

It often does, because it can resolve issues without waiting for a trial setting on a crowded court docket.

Can I get temporary orders while my divorce is pending?

Yes. Courts can enter temporary orders on custody, child support, use of the home and payment of bills while the case is pending.

Do I have to go to court to get divorced in Collin County?

Many agreed divorces require only a short final hearing, sometimes called a prove-up, and some courts allow the decree to be submitted without a hearing in certain cases. Your attorney will explain the practice in your court.

Talk With a Divorce Attorney

Whether you live in Frisco, Prosper, Plano, McKinney or elsewhere in Collin County, our team can walk you through each step of the timeline. Call 972-712-6700 to schedule a confidential consultation with a Frisco divorce attorney, read our Texas divorce guide, or learn what a divorce costs.