How long does a divorce take in Texas?

What the law says

Texas sets a minimum. Section 6.702(a) of the Texas Family Code says that, except as subsection (c) allows,

“the court may not grant a divorce before the 60th day after the date the suit was filed.”

So the shortest a Texas divorce can take is 60 days from filing. That is the minimum the law allows. The code sets a minimum, not a maximum. A divorce can take longer when the spouses disagree about property, children or support, and section 6.702 of the Texas Family Code says nothing about how long that takes.

Where you can file. Under section 6.301 of the Texas Family Code, a divorce suit can be brought only if, when it is filed, one spouse has been domiciled in Texas for the preceding 6 months and has lived in the county where it is filed for the preceding 90 days.

If one spouse lives elsewhere. Under section 6.302 of the Texas Family Code, if one spouse has been domiciled in Texas for at least the last 6 months, a spouse living in another state or country can file in the county where the Texas spouse lives.

Military and public service. Under section 6.303 of the Texas Family Code, time a Texas resident spends away in the armed forces or other state or federal service, or accompanying a spouse in that service, counts as time in Texas and in the county.

What changes the answer

Family violence. Under section 6.702(c) of the Texas Family Code, the 60-day wait does not apply if the court finds that the respondent has been finally convicted of, or received deferred adjudication for, family violence against the petitioner or a member of the petitioner’s household. It also does not apply if the petitioner has an active protective order, or an active magistrate’s order for emergency protection, against the respondent for family violence during the marriage.

A divorce granted too early. Section 6.702(a) of the Texas Family Code says a decree granted before the 60 days is not subject to collateral attack. In plain words, it cannot be undone later in a separate lawsuit just because it came too soon; any challenge has to be made directly, in the case itself.

Annulment. Under section 6.702(b) of the Texas Family Code, no special waiting period applies before a court grants an annulment or declares a marriage void.

The grounds. Under section 6.001 of the Texas Family Code, a court can grant a divorce without fault when the marriage has become insupportable because of discord or conflict that ends any reasonable expectation of reconciliation.

Grounds that take time. Some grounds in chapter 6 of the Texas Family Code have their own periods. Abandonment under section 6.005 needs the other spouse to have left intending to abandon and stayed away at least 1 year. Living apart under section 6.006 needs at least 3 years without living together.

Other fault grounds. Chapter 6 of the Texas Family Code also allows divorce for cruelty under section 6.002 and adultery under section 6.003. Section 6.004 covers a felony conviction during the marriage with at least 1 year in prison and no pardon, though not if the conviction rested on the other spouse’s testimony.

A spouse in a mental hospital. Under section 6.007 of the Texas Family Code, a divorce can be granted if the other spouse has been confined in a mental hospital for at least 3 years and recovery appears unlikely, or relapse likely.