The 60-day waiting period
Texas law requires that at least 60 days pass between the date a divorce petition is filed and the date a judge can finalize it. This waiting period applies to nearly every divorce in the state, even when both spouses agree on everything.
There is a narrow exception in cases involving family violence.
Agreed divorces
If you and your spouse agree on property division, custody and support, an agreed divorce can often be finalized shortly after day 61. You will still need a final decree signed by a judge.
Contested divorces
When property, custody or support are disputed, most Texas counties see contested divorces take six months to a year, and complex cases can run longer. Common causes of delay include:
- Disputes over the characterization of community versus separate property
- Custody evaluations or the appointment of an amicus attorney
- Business or retirement account valuations
- Crowded court dockets in large counties
What you can do to move faster
- Gather financial records early
- Consider mediation, which most Texas courts require before trial anyway
- Keep communication in writing and focused on the issues
This article is general legal information, not legal advice. Speak with a licensed Texas attorney about your situation.
Sources & further reading
- Texas Family Code — Texas Legislature
Lawyer Direct provides general legal information for educational purposes. This content is not legal advice and does not create an attorney-client relationship. Laws and individual circumstances vary.