How Long Does a Divorce Take in Texas? The 60-Day Waiting Period, Explained
Texas family law · Last reviewed September 29, 2026
The fastest a Texas divorce can be granted is on the 60th day after the petition is filed. That is the floor. An agreed divorce often finishes soon after it; a contested one can take many months or longer.
Unlike California's six-month rule, which runs from service, the Texas clock runs from filing. It starts the day the petition is filed, whether or not your spouse has been served.
The 60-day rule
Family Code § 6.702(a):
(a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.
So a petition filed on March 2 can be granted no earlier than May 1. TexasLawHelp.org's instructions add that if the 60th day falls on a weekend or holiday, you go to the next business day, and some courts ask you to wait until the 61st day to be safe. Either way, the divorce is not automatic: nothing happens on day 60 unless a judge signs a decree.
The family-violence exception
Texas waives the wait in cases of family violence. Family Code § 6.702(c):
(c) A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that: (1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner's household; or (2) the petitioner has an active protective order under Title 4 or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.
The court has to make the finding, so bring the order or the judgment of conviction to the hearing.
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Texas Family Code §§ 6.702 and 6.801 · Tex. R. Civ. P. 329b · Tex. R. App. P. 26.1
Remarrying after a Texas divorce
Family Code § 6.801:
(a) Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed. (b) The former spouses may marry each other at any time.
A court can waive the 30-day wait for good cause, if a record is made or findings are filed (§ 6.802). People who need to remarry quickly usually ask for the waiver in the decree itself.
After the decree: the 30-day window
A Texas decree is effective when the judge signs it, but it can still be challenged for a short time:
- Motion for new trial. Under Texas Rule of Civil Procedure 329b(a), a motion for new trial "shall be filed prior to or within thirty days after the judgment" is signed.
- Appeal. Under Texas Rule of Appellate Procedure 26.1, the notice of appeal "must be filed within 30 days after the judgment is signed," or within 90 days if a party timely files a motion for new trial or certain other post-judgment motions.
If your spouse was served by publication and didn't appear, Rule 329 gives a longer window, up to two years, to seek a new trial.
What makes a Texas divorce take longer
The 60 days is only the minimum. The real length depends on:
- Service. A spouse who won't sign a waiver must be formally served, and a spouse who can't be found may need substituted service or service by publication with the court's permission.
- The answer deadline. A served spouse has until 10:00 a.m. on the Monday after 20 days have passed to answer (Tex. R. Civ. P. 99(b)), and a default can't be taken before then.
- Disagreements. Contested property, support or custody issues bring temporary orders, disclosure, mediation and possibly a trial. A party can demand a jury on some issues.
- The court's docket. Hearing dates vary widely from county to county.
- Pregnancy. No statute forbids it, but TexasLawHelp.org, the state's legal-aid information site, advises that if a spouse is pregnant "you must wait until after the child is born to finish your divorce," because the court cannot make orders about the child until then.
How to finish as quickly as the law allows
- Agree. An agreed divorce, with a signed waiver of service and an agreed decree, is the fastest route.
- Use the right waiver. Under Family Code § 6.4035, a spouse may waive service only "after the suit is filed," and the waiver "must be sworn before a notary public who is not an attorney in the suit." Since December 4, 2025, it may be signed with a digitized signature.
- Have the decree ready by day 60. Courts sign decrees at a hearing or, in some counties, on paperwork alone. Check your county's practice.
Frequently asked questions
How long does a divorce take in Texas?
At least 60 days from the date the petition is filed. Agreed divorces can finish shortly after that; contested divorces commonly take several months to more than a year.
When does the 60-day waiting period start in Texas?
On the day the petition is filed, not the day your spouse is served (Family Code § 6.702(a)).
Can you get divorced in Texas in less than 60 days?
Only under the family-violence exception: if your spouse has a family-violence conviction or deferred adjudication against you or your household, or you have an active protective order or emergency order against your spouse based on family violence during the marriage.
Is my Texas divorce final after 60 days?
No. The 60th day is the earliest a judge can grant it. You are divorced only when the judge signs the decree.
How soon can I remarry after a divorce in Texas?
Not before the 31st day after the decree, unless the court waives the waiting period. Former spouses may remarry each other at any time.
Can I get divorced in Texas while pregnant?
You can file. No statute bars finishing during a pregnancy, but TexasLawHelp.org advises waiting until the child is born, because the court can't make custody, support or parentage orders for the child before birth.