Divorce in Texas: How Long Does It Take and What to Expect
Divorce can be an emotional and confusing process, especially when you’re not sure how long it will take. In Texas, the length of a divorce depends on several factors, including whether both parties agree on the terms, the complexity of shared assets, and whether children are involved. Understanding the Texas divorce timeline can help you prepare for each stage and make informed decisions along the way.
The Minimum Waiting Period for Divorce in Texas
Texas law requires a mandatory 60-day waiting period from the date the divorce petition is filed before a court can finalize it. This waiting period is designed to allow both spouses time to reflect on the decision and, in some cases, work toward reconciliation. The only exceptions are situations involving family violence or protective orders, where the court may waive this waiting period for safety reasons.
It’s important to note that the 60 days is a minimum, not a guarantee. Even uncontested divorces—where both parties agree on property division, child custody, and support—can take longer if the court’s schedule is full or if paperwork needs revisions.
Uncontested vs. Contested Divorce Timelines
The biggest factor in how long your divorce takes is whether it’s contested or uncontested:
- Uncontested Divorce: If both spouses agree on all terms, the divorce can typically be finalized shortly after the 60-day waiting period ends. Many uncontested cases in Texas wrap up within two to three months.
- Contested Divorce: When couples disagree on issues like custody, child support, or division of property, the process can take much longer—anywhere from six months to over a year. Contested divorces often require discovery, mediation, and sometimes trial.
Working with an experienced attorney like Matthew Gilbert can help you navigate disputes efficiently and ensure your rights are protected at every step.
Key Stages of the Texas Divorce Process
While every case is unique, most divorces in Texas follow these general stages:
- Filing the Petition: One spouse (the petitioner) files the Original Petition for Divorce in the appropriate county court—usually where either spouse resides.
- Serving the Other Spouse: The non-filing spouse must be formally served with the divorce papers or sign a waiver of service.
- Temporary Orders (if needed): Courts can issue temporary orders regarding child custody, support, or property use during the divorce process.
- Discovery and Negotiation: Both sides exchange financial and personal information to reach fair agreements.
- Mediation or Settlement: Many Texas courts require mediation before a trial. If both parties agree, the terms are finalized in a settlement agreement.
- Final Hearing and Decree: The court reviews the paperwork, confirms all issues are resolved, and signs the Final Decree of Divorce.
Factors That Can Affect the Divorce Timeline
Several circumstances can extend the divorce process beyond the minimum waiting period, such as:
- Disputes over custody, visitation, or support
- Large or complex assets that require valuation
- Hidden income or debts
- Difficulty scheduling court dates or mediation
- One spouse not cooperating with discovery or paperwork
Having an experienced divorce attorney can significantly reduce delays by keeping communication clear, meeting all filing requirements, and helping negotiate settlements that prevent lengthy court battles.
Local Insight: San Antonio and Boerne Divorce Cases
Gilbert Law Office represents clients across Bexar County and Kendall County, with offices conveniently located on Bandera Road in San Antonio and off I-10 near the Dominion. Whether you’re filing for divorce in San Antonio, Boerne, or surrounding areas, working with a local attorney who understands each county’s court procedures can save valuable time and reduce stress during your case.
Get Help from an Experienced Texas Divorce Attorney
Divorce doesn’t have to be overwhelming. With the right guidance, you can move forward confidently and protect your family’s future. Attorney Matthew Gilbert is a seasoned family law attorney—and a U.S. military veteran—who brings both professionalism and compassion to every case.
Learn more about his background and reputation by visiting his Avvo profile or contact Gilbert Law Office today to schedule a consultation.
Contact us to discuss your divorce case in San Antonio or Boerne and find out how we can help you take the next step toward a fresh start.