How Long Does a Divorce Take in Texas?

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

The 60-day waiting period

Texas Family Code section 6.702 prohibits a court from granting a divorce before the 60th day after the petition is filed. The clock starts at filing, not at service, and the earliest possible final hearing is the 61st day. The only exceptions are cases involving a family-violence conviction or an active protective order against the other spouse.

Before filing, one spouse must have lived in Texas for six months and in the county of filing for 90 days. If you just moved to Austin, the residency clock may be the real constraint, not the waiting period.

Uncontested divorce: about two to three months

When both spouses agree on property, debts, and the children before filing, the attorney drafts the petition and the agreed final decree together. The petition is filed, the other spouse signs a waiver of service, the 60 days run, and the filing spouse attends a short prove-up hearing — in Travis County often by Zoom — where the judge signs the decree.

Realistically, an uncontested divorce takes 61 to 90 days. What stretches it past 90 is paperwork: a QDRO that has to be pre-approved by a retirement plan, a deed to transfer the house, or a decree revision because the spouses changed their minds about a detail.

Contested divorce: six to twelve months

Filing and service: one to two weeks. The petition is filed, the Standing Order attaches, and the other spouse is served or signs a waiver. The respondent then has until the Monday after 20 days to file an answer.

Temporary orders: two to six weeks after filing. If the spouses cannot agree on who stays in the house, where the children live, and who pays what while the case is pending, the court holds a temporary orders hearing. In Travis County these are usually set within a month; in Hays County, often longer. These orders tend to become the final arrangement, which is why Eric prepares for them as if they were the trial.

Discovery: two to four months. Both sides exchange financial records, sworn inventories, and written questions. In a high-asset case, this is where appraisers and forensic accountants do their work, and the timeline depends on them.

Mediation: month four to eight. Travis, Williamson, and Hays counties all order mediation before trial. Most contested divorces settle here, in one day, with a Mediated Settlement Agreement that is binding when signed. Eric sits beside you as your mediation advocate. After settlement, drafting and entering the final decree takes another two to six weeks.

Trial: twelve to eighteen months or more

If mediation fails, the case is set for trial. In Travis County, a contested custody trial is typically set six to nine months out from the request, sometimes longer; Williamson and Hays dockets vary. A trial before a judge takes one to three days for most cases; a jury trial, which Texas allows on certain custody questions, takes longer and is rare.

After trial, the judge may rule from the bench or take the case under advisement for weeks. The decree is then drafted, objected to, and entered. Appeals add a year or more but are uncommon in family cases.

What makes a case slower

A spouse who will not respond, hides assets, or ignores discovery deadlines. A custody evaluation, which takes three to six months on its own. Expert valuations of a business or real estate. A change of attorneys mid-case. A busy docket in a fast-growing county. And, most often, two people who are not yet emotionally ready to settle; cases settle when both spouses are ready, and no procedure can force that.

What makes a case faster

Agreeing on temporary arrangements without a hearing. Exchanging financial documents voluntarily and early. Mediating in month two or three instead of month eight. Hiring an attorney who tells you what a judge is likely to do, so you are negotiating from reality rather than hope. Eric gives that assessment at the consultation, along with a realistic estimate of time and cost for your specific facts.

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