The short version
- Texas law allows a divorce to be granted 60 days after filing — that’s the minimum, not the average.
- Most divorces finalize in four to six months; hotly-contested cases can run a year or more.
- Agreement is the biggest accelerator: uncontested divorces are faster and start at a flat $2,750.
- Only two exceptions skip the 60-day wait: family violence convictions and active protective orders.
“How long will this take?” is usually the first question we hear — and it deserves a straight answer, not a lawyer’s shrug. The honest one: it depends on how much you and your spouse agree, and how busy your county’s courts are. But the framework is the same for everyone.
The 60-day rule
A Texas divorce can be granted 60 days after one spouse files for it. Courts treat this as a cooling-off period, and it cannot be waived just because both of you are ready to move on.
The lawTexas Family Code § 6.702 — the 60-day waiting period, and its two exceptions: a family violence conviction against you or a member of your household, or an active protective order against your spouse.In practice, very few divorces are granted on day 61. Court schedules, communication between spouses, and negotiation typically stretch the process to four to six months — and hotly-contested divorces can last a year or more.
Where the time actually goes
1. Filing the petition
One spouse (the petitioner) files a petition for divorce in the county where either spouse lives — as long as that spouse has lived in Texas for six months and in that county for the preceding 90 days. If children are involved, the case should be filed in the county where they currently reside.
2. Notice to your spouse
The other spouse (the respondent) must receive formal notice: by a sheriff or process server, by signing a Waiver of Service, or by filing an answer or counterpetition. A cooperative respondent can knock weeks off the clock here.
3. Discovery and negotiation
From there the case proceeds like a normal civil matter — discovery is typically a full accounting of every asset and every debt either of you owns, followed by opportunities to negotiate and settle.
4. Settlement — or trial
Texas courts strongly encourage, and often require, formal settlement efforts before trial (Tex. Fam. Code §§ 6.601–6.604). Settling is also when you have the most control over how your case ends. If settlement fails, your case is decided at a bench trial or by a jury — and you’re at the mercy of the court’s calendar.
The fastest path: agreement
If you and your spouse agree on the terms — or plan to work them out between yourselves — you may qualify for our uncontested flat rate, starting at $2,750. When agreement isn’t possible, contested representation starts with a $2,000-down, zero-interest payment plan direct through the firm.
This article is for general information only. It does not guarantee a particular result in any given case and is not intended to create an attorney-client relationship. Dalworth Legal always advises talking to an attorney about your unique situation before moving forward in a lawsuit.
Questions about your situation?
Every case starts with a free phone consultation — and our fees are published before you ever pick up the phone.