LEGAL RESOURCES
How Long Does a Divorce Take in Texas?
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There Is No One-Size-Fits-All Answer
One of the first questions clients ask is, “How long will my divorce take?”
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The answer depends on the complexity of the case, the amount of conflict between the parties, the court’s docket, and whether the case settles before trial.
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Some divorces can be completed in only a few months. Others take a year or more. The more issues the parties dispute, the longer the case is likely to remain pending.
Texas Requires a Minimum Waiting Period
Texas law generally imposes a 60-day waiting period before a divorce may be finalized. See Tex. Fam. Code § 6.702.
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The sixty-day period begins when the Original Petition for Divorce is filed with the court—not when the other spouse is served.
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With limited statutory exceptions, a judge cannot grant a Final Decree of Divorce until that waiting period has expired.
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The waiting period represents the minimum amount of time. It does not mean every divorce is completed in sixty days.
An Uncontested Divorce May Take About Three Months
If both spouses agree on every issue, an uncontested divorce is often finalized approximately three months after filing.
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Although the statutory waiting period is only sixty days, additional time is usually needed to prepare the Final Decree of Divorce, obtain signatures, schedule the prove-up hearing, and complete the court’s administrative process.
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Assuming the parties remain in agreement throughout the case, an uncontested divorce is generally the fastest way to dissolve a marriage.
Most Mediated Divorces Are Completed Within
Four to Six Months
Many divorces begin as contested cases but settle during mediation.
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Before meaningful mediation can occur, both sides usually need enough financial information to evaluate the case. That often requires exchanging bank statements, retirement account statements, tax returns, business records, appraisals, and other documents through the discovery process.
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Once the necessary information has been exchanged, the parties may participate in mediation. If they reach a settlement, the attorneys prepare the Final Decree of Divorce and any additional documents, such as retirement orders or deeds, before presenting the case to the court.
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For many families, a mediated divorce is completed within approximately four to six months, although the exact timeline varies depending on the complexity of the issues and the court’s schedule.
A Contested Divorce Often Takes Six
to Eight Months or Longer
When the parties cannot reach an agreement, the case proceeds through discovery, temporary hearings, mediation, expert discovery, and, if necessary, trial.
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A typical contested divorce often takes six to eight months to reach a final trial in many Central Texas courts. More complex cases involving business valuation, multiple real estate holdings, retirement tracing, custody evaluations, psychological evaluations, or extensive discovery may remain pending for a year or longer.
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The court’s docket also affects timing. Even when both sides are ready for trial, the earliest available trial setting may be several months away.
Discovery Frequently Determines the Timeline
One of the largest factors affecting the length of a divorce is discovery.
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If both parties promptly exchange financial records, produce requested documents, answer written discovery, and cooperate with appraisers or experts, the case generally moves much more quickly.
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Conversely, disputes over discovery, motions to compel, missing financial records, business valuation, hidden assets, or expert testimony frequently extend the litigation.
Complex property cases almost always require more time than cases involving only a small amount of property.
Child Custody Disputes
Often Take Longer
Cases involving children frequently require additional time.
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Temporary orders may need to be entered regarding conservatorship, possession, child support, and the use of the marital residence. In some cases, the court appoints a Guardian ad Litem, Amicus Attorney, or orders a child custody evaluation under Chapter 107 of the Texas Family Code.
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Those investigations take time, and the court generally prefers to receive complete information before making permanent custody decisions.
Mediation Can Significantly Reduce the Length
of the Case
Most Texas courts require mediation before a final trial.
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If mediation is successful, the parties often avoid months of additional litigation. A binding Mediated Settlement Agreement allows the attorneys to prepare the Final Decree of Divorce based upon the agreed terms rather than asking the judge to resolve every disputed issue after trial.
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Settlement through mediation is often both faster and less expensive than continued litigation.
The Court May Dismiss a Divorce That Is Not Being Prosecuted
Once a divorce has been filed, the parties are expected to move the case toward resolution.
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If little or no activity occurs for an extended period, the court may place the case on its Dismissal for Want of Prosecution (DWOP) docket under Texas Rule of Civil Procedure 165a and the court’s inherent authority.
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If the parties fail to appear or fail to demonstrate good cause for keeping the case pending, the court may dismiss the lawsuit.
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Although a dismissed divorce can often be refiled, doing so usually results in additional expense and delay.
You Can Help Your Divorce Move More Quickly
Clients often have more control over the timeline than they realize.
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Promptly providing requested financial documents, responding to discovery, completing your inventory and appraisement, obtaining appraisals, participating in mediation, and communicating regularly with your attorney all help move the case toward resolution.
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Delays in gathering information often become delays in resolving the divorce.
Fergus & Tomanka Helps Clients Resolve Divorce Cases Efficiently
Every divorce is different, and no attorney can guarantee how quickly a particular case will conclude. The timeline depends upon the issues involved, the willingness of the parties to negotiate, the need for expert witnesses, and the court’s schedule. Early preparation, complete financial disclosure, and thoughtful negotiation frequently shorten the process while reducing unnecessary expense.
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At Fergus & Tomanka, we represent clients throughout Central Texas in uncontested divorces, contested property division, child custody disputes, mediation, and trial. Whether your case is resolved through agreement or requires litigation, we work to move the case efficiently while protecting your legal and financial interests every step of the way.
Call (512) 291-6952 to setup a consultation with one of our attorneys OR simply Make An Appointment on your own!
These issues can be quite difficult to handle on your own due to the legal complexity and emotionally-charged nature of the proceedings. It’s best to consult with an experienced family law attorney in your area.