How Long Does Divorce Take in Texas? Timelines Explained Clearly

Going through a divorce is tough, and one of the first questions you might have is: How long does divorce take in Texas? The thought of months—or even years—of waiting can feel overwhelming when all you want is to move forward with your life.

The good news is, not every divorce takes forever. In Texas, the process can be as quick as 60 days if it’s uncontested, but cases with disagreements or complications may last much longer. Knowing the factors that influence the timeline can help you prepare for what’s ahead.

This guide will walk you through everything you need to know, from how long it takes with kids involved to tips for speeding things up. Stick around—I’ll make sure you leave with all the answers you’re looking for and maybe even a little peace of mind.

Key Points of the Blog

• Uncontested divorces in Texas are quicker, taking 2–3 months.
• Contested divorces take longer, often 1–2 years or more.
• Divorce involving kids takes extra time due to custody and support issues.
• Separation isn’t required to file for divorce in Texas.
• A wife is entitled to her share of community property and possibly spousal support.
• Retirement accounts are divided if contributions were made during the marriage.
• A judge typically signs the divorce decree within a few days to weeks after the case is resolved.
• Mediation or agreement between both parties can significantly shorten the divorce process.

How Long Does Divorce Take in Texas? (Know the Details)

Divorces in Texas take at least 60 days because of the state’s mandatory waiting period. After that, how long it takes depends on whether the divorce is contested or uncontested. If there’s a lot to argue about—like kids, money, or property—it can take months or even years to wrap up.

The factors affecting the Timeline of Divorce in Texas are:

Is It Contested or Uncontested?

If both people agree on everything—like dividing property, child custody, and support—it’s called an uncontested divorce. These are much faster and can sometimes be done in as little as two or three months. You file the paperwork, wait the 60 days, and it’s done.

A contested divorce is when the two sides can’t agree. It can take a year or more because you’ll need court hearings and maybe even a trial to sort out the disagreements. Things like evidence, lawyer negotiations, and busy court schedules can stretch the timeline even more.

Are Kids or Complex Assets Involved?

Having kids in the mix makes everything slower. Deciding on custody, visitation, and child support takes time. Judges also want to be thorough to make sure the decisions are in the best interests of the kids. If parents can’t agree, the case might even go to trial, which can drag on.

Complex assets, like businesses or multiple properties, also slow things down. These need appraisers, financial experts, and lots of paperwork to figure out who gets what. The more complicated your finances are, the longer the divorce usually takes.

How Long Does a Divorce Take in Texas With a Child?

When kids are involved, divorces tend to take six months to a year, and sometimes longer. This is because deciding on custody and support can get messy. Even when parents agree on custody, it still takes time to finalize everything with the court.

If custody is contested, the timeline gets longer. Parents might have to go to mediation, hire custody evaluators, or even take the fight to court. All of this adds months to the process, especially if court schedules are busy.

Judges are extra careful in cases involving kids. They might ask for reports, interviews, or even a trial to ensure the custody plan is the best for the child. This can take a lot of time, but it’s all about doing what’s right for the kids.

If both parents agree on everything quickly, the process is faster. But even then, you still have to wait at least 60 days because of the mandatory waiting period in Texas. After that, it depends on how fast you can finalize the paperwork and get a court date.

How Long Do You Have to Be Separated Before You Can File for Divorce in Texas?

You don’t actually have to be separated to file for divorce in Texas. Some people think they need to live apart for a certain amount of time first, but that’s not true. You can file as soon as you’re ready, as long as you meet the residency requirements.

That said, some people choose to separate first to figure out their next steps. Living apart can help you test out new routines, especially if kids are involved. It can also give you time to gather evidence or figure out finances before going to court.

In certain cases, like filing for divorce on the grounds of abandonment, you may need to prove that you’ve been separated for at least a year. But this only applies in specific situations and isn’t required for most divorces in Texas.

For some couples, separation helps them decide if divorce is really the right choice. Others use it as a cooling-off period before taking legal action. Either way, it’s not a requirement, but it can sometimes make the process smoother.

What Is a Wife Entitled to in a Divorce in Texas?

In Texas, a wife is entitled to her share of community property, which includes anything earned or bought during the marriage. She might also get spousal support if she needs financial help, especially if she’s been out of the workforce or earns less than her spouse.

How Are Assets Divided?

Texas is a community property state. This means that everything you and your spouse earned or bought during the marriage is usually split 50/50. However, the court can adjust this split to make things fair based on each person’s needs or contributions.

Separate property, like inheritances or gifts you got during the marriage, stays with the person who owns it. But you’ll need proof that it’s separate. Without proof, it might get mixed in with community property and split.

What Happens to Retirement Accounts?

Retirement accounts, like 401(k)s and pensions, are divided if contributions were made during the marriage. A special court order, called a Qualified Domestic Relations Order (QDRO), is used to split these accounts without tax penalties.

Dividing retirement accounts can be complicated and take time because it involves financial institutions. If you or your spouse has retirement savings, it’s important to include them in your divorce discussions to avoid surprises later.

How Long Does It Take for a Judge to Sign a Divorce Decree in Texas?

Once everything is agreed upon or decided in court, the judge can sign the divorce decree within a few days to a few weeks. How fast this happens depends on how busy the court is. Once signed, the divorce is final, and you’ll get a certified copy for your records.

How Long Does a Contested Divorce Take in Texas?

Contested divorces can take a year or more. When couples can’t agree on things like custody, property, or support, the case needs multiple court hearings or even a trial, which takes time. The discovery process, where both sides gather evidence, also adds to the timeline.

Court schedules play a big role too. Sometimes hearings get delayed because judges are busy, and that pushes everything back. Trials take even longer because both sides have to present witnesses, documents, and arguments, which the court needs time to review.

Mediation is often tried before a trial. If the couple reaches an agreement during mediation, it can save months. But if they still can’t agree, the case moves forward to court, and that’s where the real delays happen.

Having a good lawyer can make the process less stressful. While it doesn’t make things faster, it ensures you don’t miss deadlines or paperwork, which can cause more delays.

How Long Does It Take to Get a Divorce If Both Parties Agree?

If both people agree, the process is pretty quick. After filing, there’s a mandatory 60-day waiting period in Texas. Once that’s over, you can finalize the paperwork and attend a short court hearing to get the divorce decree signed. Most uncontested divorces wrap up in about 2–3 months.

These types of divorces are straightforward because there’s no fighting. The key is to make sure all paperwork is done correctly and on time. As long as there are no surprises, the process is smooth and quick.

How Long Does a Divorce Take in California?

In California, the minimum time for a divorce is six months because of the state’s mandatory waiting period. Even if both people agree on everything, you still have to wait those six months before the divorce is final.

For contested divorces or cases involving children or complex assets, it can take much longer—often a year or two. The timeline depends on court availability and how quickly both sides can resolve their disagreements.

Conclusion

Understanding how long a divorce takes in Texas can help you plan and feel less overwhelmed. Whether your divorce is simple or complex, knowing the steps makes a huge difference. Here’s a quick recap:

• Uncontested divorces can be finalized in about 60–90 days.
• Contested divorces may take 1–2 years, especially with kids or complex assets.
• You don’t need to be separated to file for divorce in Texas.
• The court considers fairness when dividing assets and retirement accounts.
• Mediation can save you time and stress in a contested divorce.

Remember, every divorce is different, but you don’t have to go through it alone.