Finalizing Your Divorce in Texas: How Long Does It Really Take?

Divorce often involves uncharted territory, especially if you are unsure how long the process may take. We understand how tough it can be when you are waiting on final decisions, and it helps to have an honest overview of the timeline. 

At Jackman Law Firm, we have stood by families since 2014, driven to do right by clients seeking fair outcomes. Let’s explore how long a Texas divorce might last and highlight ways to protect fathers’ rights and fair child support arrangements.

The Mandatory Waiting Period: 60-Day Minimum

Before discussing every detail, it is key to note that Texas law enforces a minimum 60-day delay from when a spouse files the divorce petition. The general purpose is to encourage a moment of reflection or possible reconciliation. The clock typically starts after the Respondent is formally served with the petition, and no divorce can be granted until this waiting period has passed.

This hold can be shortened only in narrow scenarios, such as family violence. Outside of that, you must wait at least 60 days before asking a judge to finalize the divorce. If you have filed your case, expect to factor in this waiting period when considering the final decree’s timeline.

Factors Influencing Divorce Timeline in Texas

While the 60-day waiting period is just the start, the length of your divorce can stretch out for additional reasons. A few common factors include whether you and your spouse can quickly agree on property division, if you have children, and if you choose mediation.

Contested vs. Uncontested Divorce

You may complete things faster if you and your spouse see eye to eye on asset division, child custody, and other points. These agreements fall under uncontested divorces, often letting you close your case within the minimum time frame. If major disputes arise, though, you enter a contested divorce that needs greater involvement from the court.

Below are a few key points:

• Uncontested: Fewer hearings, quicker path after the 60-day period.
• Contested: Possible court hearings, extended negotiations, and a higher chance of extended timelines.

Presence of Children

When children are part of the divorce, negotiations can take longer because the court pays close attention to parenting plans. Texas judges want living arrangements that serve the child’s best interests, and details like school districts and medical coverage can prolong discussions. You and your spouse might need to address custody, visitation, and support, often leading to a thorough review of your parenting approach.

Complexity of Asset Division

Texas is a community property state (Texas Family Code, Chapter 3). This means that any property gained during the marriage is considered part of the marital estate. When you have a family business, large retirement accounts, or multiple real estate holdings, the valuation steps alone can stretch the overall timeline. Splitting these resources evenly—or in a way both parties agree upon—can take extra time, especially if appraisals or professional opinions are needed.

Use of Mediation

Mediation is a proactive way to shorten the divorce timeframe. This voluntary process involves a neutral facilitator who works with both spouses to form a mutually acceptable agreement. Mediation often costs less than going to trial, and it may reduce stressful courtroom battles. In many Texas counties, judges encourage mediation before scheduling a final hearing date.

Other Potential Delays

Even after careful planning, delays can pop up. You might face a backlog in court scheduling or urgent discovery disputes. Sometimes, one spouse needs evaluations for asset valuation or child custody, which can create additional filings or requests.

• A busy court docket may slow down hearing dates.
• Lingering disagreements over personal property or debts can keep negotiations going.
• Requests for psychological or financial reviews may require extra time to complete.

Key Steps in the Texas Divorce Process

Once you grasp the possible delays, it helps to know the core steps in a Texas divorce. Each one has its own procedures and timeframes. By being prepared for these phases, you can avoid missteps and reach the finish line faster.

Filing the Petition

The divorce begins when one spouse (the Petitioner) submits an Original Petition for Divorce with the court. The petition typically addresses property division, child custody, and spousal payments. Because Texas is a “no-fault” divorce state, you do not need proof of wrongdoing to file on grounds of insupportability, though including a fault allegation remains possible if relevant.

Serving the Respondent

Next, the Petitioner must serve the Respondent with the divorce petition and citation. This formal service informs the other spouse that a legal action is taking place. Common methods include a professional process server or signing a waiver of service. Either route ensures both parties are aware of pending legal steps.

Filing an Answer

Once served, the Respondent typically has about 20 days (until the following Monday’s deadline) to file an official Answer. This document expresses agreement or disagreement with points set out in the Petition, possibly adding new requests for property or child-related matters. An Answer preserves the Respondent’s rights and ensures that the case does not result in a default divorce without their input.

Temporary Orders

Because divorces can stretch on for several months, the court can set temporary orders for critical matters. Common topics include child custody, child support, spousal maintenance, and household bills. These orders remain in place until the divorce is final, giving spouses and children stable ground during the waiting period.

Discovery

During discovery, both spouses gather papers and data relevant to the case. This can include financial records, insurance documents, and bank statements. Common discovery tools are:

• Interrogatories (written questions requiring written responses under oath)
• Requests for Production (to exchange specific documents or materials)
• Depositions (recorded interviews under oath)

Some cases wrap up quickly if spouses share data promptly, while others see lengthy back-and-forth requests.

Mediation

Many Texas courts advise couples to attend mediation before bringing their case to trial. A skilled mediator helps them discuss property division, custody, debt allocation, and other points without a judge’s ruling. If a settlement emerges, both spouses sign, and the court only needs a short final hearing to approve the agreement.

Trial

When no settlement is reached, the case proceeds to trial. A judge (or sometimes a jury) reviews evidence on custody, community property, and other leading issues. In rare cases, however, trials can last days or even weeks, though most wrap up sooner. The judge eventually signs a Final Decree reflecting the rulings, which legally dissolves the marriage.

Final Decree of Divorce

After all the testimony and paperwork, the court drafts the Final Decree. This document details the resolution of property division, custody, and any financial obligations. Once the decree is signed, you are formally divorced in Texas.

Facing Divorce? The Jackman Law Firm Is Here for You

Divorce is never easy, but you deserve clear answers and a fair path forward. At The Jackman Law Firm, we protect your rights and support fathers in securing balanced custody and support outcomes. With open communication and practical guidance, we’ll help you plan for what comes next. Call us at 844-303-0001 or visit our Contact Us page to schedule a consultation. Before the final gavel falls, let’s talk about the future you and your children deserve.