How Long Does a Divorce Take in Texas?

Last reviewed: October 17, 2026. This article is general information, not legal advice. Texas divorce law is in Title 1 of the Texas Family Code, but each county's district courts have their own local rules and calendars, so check with your district clerk or a Texas family lawyer.

If you're asking how long a divorce takes in Texas, you probably want to know two things: the earliest date the court can sign the decree, and how long a "normal" case really runs. Texas has one hard number, a 60-day waiting period that starts when the petition is filed. Everything after that depends on whether you and your spouse agree, and on how busy your county's courts are.

Short answer: A Texas court can't grant a divorce before the 60th day after the petition was filed (Tex. Fam. Code § 6.702), except in certain family violence cases. An agreed or default divorce is often finished soon after that 60-day mark, once you can get the decree in front of a judge. A contested divorce with disputes over children, support or property commonly takes many months and can run a year or longer.

The 60-day waiting period, explained

The clock starts on the day the petition is filed, not the day your spouse is served or signs anything. Texas Law Help's guide puts it simply: don't count the day you filed your Original Petition for Divorce; Day 1 is the next day.

Two points people often miss:

It's a minimum, not a deadline. Nothing happens automatically on day 60. You still need a signed decree, which usually means a short "prove-up" hearing or, in some courts, paperwork the judge accepts without a hearing.
Only family violence removes it. Under § 6.702(c), the waiting period doesn't apply if the court finds that the respondent was finally convicted of, or received deferred adjudication for, a family violence offense against the petitioner or a member of the petitioner's household, or that the petitioner has an active protective order or magistrate's emergency protection order against the respondent because of family violence during the marriage.

If you're in danger, the waiting period is the least of your concerns. Texas Law Help has a separate guide on divorce and family violence, and you can ask the court for a protective order before or during the divorce.

Grounds: Texas allows no-fault divorce

Most Texas divorces are filed on the no-fault ground of insupportability. Tex. Fam. Code § 6.001 lets a court grant a divorce "without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."

Texas also has fault grounds, including cruelty (§ 6.002) and adultery (§ 6.003). Fault grounds don't create a shorter waiting period, and proving them usually means more evidence and more time.

How long each type of Texas divorce takes

Texas Law Help describes a divorce as uncontested if it can be finished by agreement or by default, and contested when the other spouse files an answer and won't sign the final decree.

Type of case	What it means	Typical timing
Agreed	You both sign the final decree covering property, debts and any children.	Can be finished at or soon after day 60, depending on when the court hears the prove-up.
Default	Your spouse was properly served and didn't file an answer in time.	Also possible soon after day 60, once the answer deadline has passed and you've proved service.
Contested	Your spouse answered and you disagree on one or more issues.	Commonly many months; complex cases can run a year or more.

These are general patterns, not guarantees. Texas doesn't publish a statewide "average" divorce length, and court calendars vary a lot from one county to another.

Agreed divorce

This is the fastest route. Your spouse can sign a notarized Waiver of Service so you don't need a process server. Texas Law Help notes it must be signed in front of a notary at least one day after you file the petition. Once 60 days have passed and you have a final decree you've both signed, you ask the court for a date to finish.

Default divorce

If your spouse is served and doesn't respond, you may be able to finish without their signature. According to Texas Law Help, a served spouse has "at least 20 days plus the next Monday at 10 a.m." to file an answer. Because that deadline usually falls well inside the 60-day period, the waiting period is often what controls the timing in a default case.

Contested divorce

When your spouse files an answer and you can't agree, the case goes through more stages: temporary orders, exchange of financial information, discovery, mediation (many Texas courts require it before trial), and a final trial if needed. This is where most of the time goes. Texas Law Help's article on divorce notes plainly that most divorces take much longer than 60 days, and the court can enter temporary orders on things like custody and support while the case is pending.

The Texas divorce process, step by step

Check residency: six months in Texas and 90 days in the county for one spouse (§ 6.301).
File the Original Petition for Divorce with the district clerk and pay the filing fee, which varies by county, or ask for a fee waiver if you can't afford it.
Serve your spouse, or have them sign a notarized Waiver of Service at least a day after filing.
Wait for the answer deadline and the 60-day period. Use the time to negotiate and draft the final decree.
Resolve the issues: property and debt division, and, if you have children, conservatorship, possession and child support. Check whether your county requires a parenting class.
Prove up your divorce in front of the judge (or as your court allows), and get the decree signed.
File the signed decree with the clerk. Texas Law Help warns your divorce isn't final until you do.

What speeds up a Texas divorce

Agreeing on everything before day 60, so the decree is ready the moment the waiting period ends.
Using a Waiver of Service instead of formal service.
Using the correct forms. Texas Law Help has free agreed-divorce forms for cases with and without children.
Checking your county's local rules, which can require specific forms, a parenting class or mediation.
Booking the prove-up promptly. Ask the clerk or court coordinator how your court schedules uncontested cases.

What slows it down

Disputes about children, especially when a custody evaluation or amicus attorney is involved.
Complex property: a business, retirement accounts, or separate-property claims that need tracing. Our guide on how an LLC is treated in a divorce explains why business interests take time.
Spousal maintenance fights. Texas has its own strict rules; see our article on how to avoid paying alimony in Texas.
Service problems, such as a spouse who can't be found.
Court backlogs, which differ between counties.

Common mistakes

Counting from service instead of filing. The 60 days run from the filing date.
Having the waiver signed too early. A Waiver of Service signed before or on the day you file won't work.
Assuming day 60 means you're divorced. You still need a signed decree that is filed.
Filing in the wrong county, before meeting the 90-day county rule.

If you're weighing whether to fight over particular issues, our articles on whether it's worth contesting a divorce and how long a divorce can be put on hold may help.

Other states: see how long a divorce takes in California, New York, Georgia, North Carolina, Florida, New Jersey and Ohio.

What is the fastest you can get divorced in Texas?

Under Tex. Fam. Code § 6.702, a court may not grant a divorce before the 60th day after the suit was filed. Texas Law Help explains that you don't count the filing day; Day 1 is the next day. So in an agreed case, the earliest the judge can sign the decree is day 60, and in practice it depends on when your court can hear the case.

Can the 60-day waiting period be waived in Texas?

Only in family violence situations. Section 6.702(c) removes the waiting period if the respondent was finally convicted of, or received deferred adjudication for, a family violence offense against the petitioner or a member of the household, or if the petitioner has an active protective order or magistrate's emergency protection order against the respondent because of family violence during the marriage. Being in agreement or in a hurry is not enough.

How long do I have to live in Texas to file for divorce?

Under Tex. Fam. Code § 6.301, either you or your spouse must have been a domiciliary of Texas for the preceding six months and a resident of the county where you file for the preceding 90 days. Section 6.303 counts time spent away in military or other public service as residence.

How long does my spouse have to answer a Texas divorce petition?

According to Texas Law Help, a spouse who is served has "at least 20 days plus the next Monday at 10 a.m." to file an answer. If they don't answer, you may be able to finish by default once the 60-day period has passed. If your spouse signs a notarized Waiver of Service instead, Texas Law Help says it must be signed at least one day after you file the petition.

Is my divorce final when the judge says it is granted?

The decree must be signed by the judge and filed. Texas Law Help warns that the divorce is not final until the signed decree is filed with the clerk's office. After that, ask the clerk for certified copies; you'll need them for name changes, property transfers and benefits.

Sources

Tex. Fam. Code ch. 6, including § 6.001 (insupportability), § 6.301 (residency), § 6.303 (public service) and § 6.702 (waiting period): Texas Legislature
Divorce in Texas: Texas Law Help
I need a divorce. We do not have minor children.: Texas Law Help

How Long Does a Divorce Take in Texas? The 60-Day Rule and Real Timelines