Short answer: In Texas, a divorce takes a minimum of 61 days, because state law requires a 60-day waiting period after the divorce petition is filed. In practice, an uncontested divorce often finalizes in about two to three months, while a contested divorce commonly takes six months to a year or more, depending on the issues involved. Below, attorney Monica A. Hinojosa of Hinojosa Law Office, P.C. explains what drives that timeline and how to keep your case moving. Se habla español.
The Mandatory 60-Day Waiting Period
Texas law requires a waiting period of at least 60 days after the Original Petition for Divorce is filed before a judge can finalize the divorce. Counting from the filing date, the earliest a Texas divorce can be granted is the 61st day. This “cooling-off” period applies even when both spouses agree on everything. There are narrow exceptions, such as certain situations involving family violence.
How Long an Uncontested Divorce Takes
An uncontested divorce — where the spouses agree on property division, support, and any issues involving children — is usually the fastest path. Once the 60-day waiting period passes and the paperwork is complete and signed, many uncontested cases are finalized in roughly 60 to 90 days. Staying organized, agreeing early, and responding promptly to your attorney all help move things along.
How Long a Contested Divorce Takes
A contested divorce — where spouses disagree on one or more issues — takes longer because it moves through additional steps such as temporary orders, the exchange of financial information (discovery), negotiation, and mediation. Contested Texas divorces commonly take six months to a year, and more complex cases can take longer. Reaching an agreement at mediation, rather than going to a final trial, can shorten the process considerably.
What Affects Your Divorce Timeline
- Children: Conservatorship (custody), possession and access schedules, and child support add issues that must be resolved. See our child custody page for more.
- Property and debts: Dividing a home, retirement accounts, or a business takes time to value and negotiate. Learn more on our property division page.
- Level of agreement: The more the spouses agree, the faster the case tends to resolve.
- Court schedule: The Harris County family courts’ docket can affect how quickly hearings are set.
- Discovery and disclosures: Gathering financial records for a fair “just and right” division adds time.
Typical Steps in a Texas Divorce
- File the Original Petition for Divorce (the 60-day clock starts).
- Serve the other spouse, or have them sign a waiver of service.
- Enter temporary orders, if needed, for support, use of the home, and the children while the case is pending.
- Exchange financial information through discovery.
- Negotiate and attend mediation to try to settle the issues.
- Attend the final hearing and sign the Final Decree of Divorce.
Can You Speed Up a Texas Divorce?
In most cases the 60-day waiting period cannot be waived, but you can avoid unnecessary delay: agree on as much as possible, complete your paperwork accurately, provide requested documents quickly, and be open to mediation. Working with an experienced family-law attorney helps you avoid missteps that can push a case well past its natural timeline.
How Hinojosa Law Office, P.C. Can Help
Attorney Monica A. Hinojosa guides East Houston families through each step of the Texas divorce process, in English and Spanish, with clear communication about what to expect and when. Whether your divorce is agreed or contested, we work to protect your interests and resolve matters as efficiently as your situation allows.
Hinojosa Law Office, P.C.
540 Uvalde Rd, Suite D, Houston, TX 77015
Phone: 713-455-3575
Houston divorce lawyer · Contact us
This article provides general information about Texas law and is not legal advice. Timelines vary by case and by county; please consult an attorney about your specific situation.