Posted by Mary E. Ramos | Divorce
Wondering, “How quickly can I get a divorce in Texas?” The minimum is 60 days after you or your spouse files a divorce petition. Unless limited family-violence-related exceptions apply, Texas courts cannot divorce you any sooner. Before the court issues a divorce decree, you must resolve your property, financial, and parenting issues, whether by settlement or trial. Many spouses use the 60-day Texas divorce waiting period to resolve those issues and commit their divorce terms to writing in a proposed settlement agreement, which they submit to the court for incorporation into their final divorce decree.
Ramos Law Group helps you use the waiting period to move toward a resolution that protects your family, finances, privacy, and future. Led by Mary E. Ramos, a Board Certified Family Law attorney, our firm focuses exclusively on family law. We develop an action plan during your consultation, explain your options in clear language, and help you pursue an efficient resolution through negotiation or mediation when possible to avoid the stress and expense of trial. When you cannot reach a fair settlement, we prepare to protect your interests in court. Reach out to our team today.
What to Know About the Texas Divorce Waiting Period
Texas law requires a minimum 60-day waiting period before a divorce can be finalized. Here is what typically matters most during that time.
- Texas courts cannot sign a final divorce decree until at least 60 days have passed since the petition was filed, except in limited family-violence-related circumstances.
- During the waiting period, spouses typically work to resolve property division, spousal maintenance, and any child custody and support issues, whether through settlement or by preparing for trial.
- An uncontested divorce, where spouses agree on every term, can sometimes be finalized as early as the 60-day mark, while contested cases often take longer to resolve.
- Gathering financial records early, such as bank statements, tax returns, and retirement account information, can help move settlement discussions forward during the waiting period.
How Quickly Can I Get a Divorce in Texas?
Texas law establishes a 60-day waiting period for a Texas divorce. That means a Texas judge can generally sign your final divorce decree only after 60 days have passed since you (or your spouse) filed for divorce.
To actually complete your divorce in 60 days, you must resolve every property, financial, and parenting issue, incorporate your settlement terms into a proposed final decree, and submit the agreement for the court to review. If your proposal resolves the case in a manner consistent with Texas law, the judge can sign it and legally divorce you. In that case, you can get a divorce, at the earliest, 60 days after filing.
Unlike many states, Texas law includes exceptions to the 60-day waiting period for a Texas divorce. You do not have to wait 60 days if:
- A court convicted your spouse of an offense involving family violence against you or someone else in your household,
- A court placed your spouse on deferred adjudication for such an offense, or
- You have an active protective order or a magistrate’s emergency protection order based on family violence committed during the marriage.
In those cases, you can ask the judge to divorce you sooner than the 60-day waiting period, but you still must resolve every term the judge needs to include in the final decree.
Meet Your Texas Divorce Attorney
Mary E. Ramos: Helping You Navigate the Texas Divorce Waiting Period
Mary E. Ramos
Founder & Managing Attorney, Ramos Law Group, PLLC
As a board-certified family law attorney, Mary brings a compassionate, results-driven approach to every case, built on a practice that is 100% focused on family law. She has been repeatedly recognized among the Best Divorce Lawyers in Houston by Expertise LLC and named to Houston’s Top Lawyers by H Texas Magazine, and she has served as a visiting judge in Harris County family courts. Whether you are just beginning the Texas divorce waiting period or preparing to finalize your case, that means working with an attorney who understands both sides of the bench.
Bar Admissions & Credentials
- State Bar of Texas, 2004
- Board Certified in Family Law, Texas Board of Legal Specialization (2014)
- J.D., Texas Southern University, Thurgood Marshall School of Law
- B.S. in Management, summa cum laude, Park University
What Is the Typical Texas Divorce Timeline?
The Texas divorce timeline begins when one spouse files a divorce petition and ends when the judge signs the final divorce decree. What happens between those events depends primarily on how quickly you can exchange information and resolve the issues between you.
A typical divorce progresses through the following stages:
- One spouse files a petition for divorce, starting the 60-day waiting period;
- The filing spouse arranges for an authorized person to serve the other spouse, or the other spouse signs a waiver of service;
- Spouses gather and exchange information;
- Spouses negotiate through their attorneys or participate in mediation;
- Spouses incorporate settlement terms into a proposed final decree, or prepare for the judge to decide their unresolved issues at trial; and
- The judge signs the final divorce decree based on the spouses’ agreement, the judge’s rulings, or both.
Overall, how long does a divorce take in Texas? It may take anywhere from a few months to more than a year. Except in limited circumstances, divorce takes a minimum of 60 days from filing to court order. How quickly spouses exchange information, resolve disagreements, and prepare the necessary documents can significantly affect how much longer the divorce takes.
Related Reading: Can I Waive the 60-Day Waiting Period for a Divorce?
What Can You Do During the Waiting Period?
During the waiting period, you and your spouse identify what should happen to your property, debts, financial obligations, and parenting arrangements. You gather the information needed to evaluate those issues and try to establish the terms through settlement. If you cannot reach a complete agreement, you can begin preparing to ask the judge to resolve the remaining disputes.
Identify What You and Your Spouse Need to Resolve
Depending on your circumstances, you may need to address:
- Community property and debt division;
- Whether either spouse will receive spousal maintenance;
- Conservatorship (Texas’ term for custody), possession, and decision-making arrangements for your children; and
- Child support, healthcare, and other child-related expenses.
During the waiting period, you will also need to gather documents to help you resolve those issues, such as bank statements, tax returns, retirement-account records, deeds, loan documents, business records, and information about each spouse’s income.
Try to Resolve Those Issues Through Settlement
Once you understand the issues and have the necessary information, you and your spouse begin developing proposed settlement terms. Many spouses work through their attorneys to exchange proposals, evaluate legal options, and negotiate disagreements.
You may also participate in mediation, where a neutral mediator leads you and your spouse through discussions about possible resolutions. You and your spouse decide whether to accept the proposed terms discussed during mediation, while your individual attorneys can advise you about how those terms may affect your rights, finances, children, and future.
If you reach an agreement on every issue, your divorce becomes uncontested. Your attorneys can incorporate the agreed terms into a proposed final divorce decree and submit it to the court. After the waiting period, the judge can approve and sign the decree, which legally ends your marriage and establishes the terms you and your former spouse must follow.
Prepare to Ask the Judge to Resolve Remaining Issues
A trial is unlikely to take place during the 60-day waiting period, but you can begin preparing immediately. You and your spouse may also continue negotiating while preparing for trial. If you resolve some issues, the judge will need to decide only those that remain at your eventual trial.
Use Your 60 Days to Move Toward a Final Resolution
During the 60 days after filing, you can work toward a complete settlement or begin preparing to present unresolved issues to the judge. Ramos Law Group’s divorce attorneys can help you make the most of the mandatory waiting period. With an exclusive focus on family law, board-certified leadership, and an emphasis on privacy and clear communication, we can develop an individualized action plan that guides you through each phase of the divorce process.
Contact Ramos Law Group to discuss your Texas divorce.
Texas Divorce Waiting Period: Frequently Asked Questions
Texas law requires a minimum 60-day waiting period between filing a divorce petition and the date a judge can sign the final decree, under Texas Family Code Section 6.702.
Yes, if both spouses resolve every property, financial, and parenting issue and submit an agreed proposed decree that meets legal requirements, a judge can sign it as soon as the 60-day period ends.
Yes. Texas law allows a judge to waive the waiting period in limited circumstances, such as when a spouse has been convicted of or placed on deferred adjudication for family violence, or when an active protective order exists based on family violence during the marriage.
Spouses must resolve property and debt division, spousal maintenance, and any child custody, possession, and support issues, either through a settlement agreement or a judge’s rulings at trial.
While 60 days is the legal minimum, most divorces take longer, ranging from a few months to more than a year depending on how quickly spouses exchange information and resolve disputed issues.
Most spouses use the waiting period to gather financial documents, identify the issues that need to be resolved, and work toward a settlement through negotiation or mediation.
Useful documents typically include bank statements, tax returns, retirement account records, property deeds, loan documents, business records, and income information for both spouses.
If some issues remain unresolved, those issues are decided by a judge at trial. Spouses can continue negotiating even while preparing for trial, which can narrow the issues the judge ultimately needs to decide.
An uncontested divorce, where spouses agree on every term, can potentially be finalized right after the 60-day waiting period ends. A contested divorce, where disputes remain unresolved, typically takes longer due to negotiation, mediation, or trial preparation.
A divorce attorney can help you understand what needs to be resolved, gather the right documentation, negotiate settlement terms, and prepare your case for trial if a full agreement cannot be reached.
Legal References Used to Inform This Page
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Last Updated on August 26, 2026 by Mary E. Ramos
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