How Long Does a Texas Divorce Take?

 Posted on December 16, 2025 in Divorce

If you file for an uncontested divorce in Texas in 2026, you can expect it to take two to three months at a minimum. Contested divorces where spouses disagree about property division, child custody, or support can take six months to a year or longer. Complex cases involving significant assets or difficult custody disputes may extend even further.

Texas has a higher divorce rate than the national average; more than eight people per 1,000 file for divorce every year, according to the United States Census Bureau. If you hope to be one of these people in 2026, our Parker County, TX divorce attorney has more than 25 years of experience and can walk you through your options.

Texas Residency Requirements for Divorce

Before you can file for divorce in Texas, you must meet specific residency requirements under Texas Family Code Section 6.301. You or your spouse must have been a resident of Texas for at least six months before filing. Additionally, you or your spouse must have lived in the county where you plan to file for at least 90 days.

These requirements ensure that Texas courts have jurisdiction over your case. If you recently moved, you need to wait until you meet these time requirements before filing. The court will ask for proof of residency, such as a driver's license, voter registration, or utility bills showing your address.

Do You Have to Be Separated Before Filing for Divorce in Texas?

You do not have to be separated before filing for divorce in Texas. Unlike some states, Texas law does not require a period of separation before you can start the divorce process. You can file for divorce while still living with your spouse. Many couples continue living together during their divorce for financial reasons or to keep things stable for their children.

However, living together during a divorce can create tension and complicate negotiations. Some couples find it easier to reach agreements when they have physical space from each other.

What is the Texas Divorce Process Step-by-Step?

The Texas divorce process follows several key steps from filing to final decree:

• One spouse files an Original Petition for Divorce with the district court

• The other spouse receives service of the divorce papers and has time to file an Answer

• Both spouses exchange financial information and documents through a process called discovery

• The spouses attempt to negotiate a settlement agreement covering property division, custody, and support

• If settlement fails, the case moves to mediation, where a neutral third party helps negotiate

• Cases that do not settle at mediation move forward to a trial before a judge

• The judge makes decisions on any issues the couple can’t agree on 

• The judge issues a Final Decree of Divorce that legally ends the marriage

Each of these steps takes time. Discovery alone can take several months if one spouse owns a business or the couple has complex assets. The court's schedule also affects timing and busy dockets can delay trial dates.

Should You Settle Your Divorce or Go to Trial?

Most divorce cases settle before trial because settlements give you more control over the outcome and cost less than going to trial. When you settle, you and your spouse decide how to divide property and handle custody arrangements. Going to trial means a judge makes these decisions for you, and you might not like the result.

Trials also cost significantly more due to attorney fees, expert witness fees, and court costs. A contested trial can easily cost tens of thousands of dollars. Settlement through negotiation or mediation typically costs much less and resolves your case months faster.

However, some cases must go to trial. If your spouse hides assets, refuses to negotiate in good faith, or you have serious safety concerns about custody, a trial may be necessary to protect your interests.

Contact a Parker County, TX Divorce Lawyer

Understanding how long your divorce will take and what factors affect the timeline can help you plan for this difficult transition. If you are considering divorce, our Palo Pinto, TX family law attorney can guide you through the process. Call The Law Offices of Kary L. Key at 817-599-6969 to discuss your divorce case and learn about your options.