Key Takeaways
In Texas, a divorce with children takes at least 60 days. Uncontested cases usually finish in 3–4 months, while contested custody cases often take 6–18+ months.
- ● Texas law imposes a mandatory 60-day waiting period after filing for divorce.
- ● Uncontested divorces with children typically resolve in about three to four months.
- ● Contested cases with custody or support disputes often extend to six to eighteen months.
- ● Court docket congestion and mandatory hearings can add several months to your timeline.
Key Facts About a Texas Divorce with Children
How long does a divorce take in Texas with a child?
In Texas, a divorce with children takes at least 60 days. Uncontested cases usually finish in three to four months, while contested cases with custody or support disputes often take six to eighteen months or more.
| Divorce Type | Estimated Timeline | Requirements | Primary Delays |
|---|---|---|---|
| Uncontested Divorce | 3 – 4 Months | Mutual agreement on custody, support, and assets. | Mandatory 60-day waiting period; drafting the final decree. |
| Contested Divorce | 6 – 18+ Months | Disputes requiring court intervention (hearings/trial). | Discovery, custody evaluations, mediation, and court docket availability. |
What is the 60-day waiting period in a Texas divorce?
The 60-day waiting period is required by Texas law. It starts on the day you file the original petition for divorce. The court cannot finalize your divorce before it ends unless domestic violence is involved and the judge allows an exception. The waiting period applies whether your spouse agrees or contests the divorce.
What is an “uncontested divorce” with children in Texas?
An uncontested divorce happens when both spouses agree on all major issues. This includes child custody, child support, property division, and spousal maintenance. These cases move faster because they skip multiple court hearings. Most uncontested divorces finish in three to four months if both spouses stay in agreement.
What is a “contested divorce” with children in Texas?
A contested divorce happens when one or both spouses disagree on key issues. The court must resolve these disputes. Common conflicts include child custody, marital assets, and spousal support. These cases require hearings and sometimes a final trial. Cases with complex finances or domestic violence take even longer to finish.
How do child custody and child support affect the divorce timeframe?
Child custody focuses on two things: conservatorship (legal decision-making) and possession schedules (time with the children). Texas courts also set child support and medical support based on state guidelines.
These issues add time to the divorce because they need financial statements, parenting plans, and sometimes expert evaluations. The court reviews each parent’s ability to provide a stable, safe, and nurturing home. It considers factors like mental health, parenting history, and any past abuse.
What is the final decree of divorce in Texas?
The final decree is the legal document that ends your marriage. It includes all court orders about property, child custody, and spousal maintenance. Once the judge signs it and the court enters it, the decree is legally binding and enforceable.
When should you talk to a Texas family law attorney?
Contact a lawyer as soon as you consider divorce or are served with divorce papers. Early representation helps protect your rights, especially regarding children. A lawyer ensures you follow all legal requirements and can shorten the divorce timeline by avoiding mistakes.
Our family law attorneys in North Texas and the DFW area can help you understand your options. Schedule your free consultation at (888) 584-9614.
Understanding the Texas Divorce Process with Children
Texas residency and filing for divorce
Before filing for divorce in Texas, one spouse must have lived in the state for at least six months and in the county where you plan to file for at least 90 days. Once you’re ready, your divorce attorney files the original petition with the district court. They also arrange for your spouse to be officially served. This service of citation starts the divorce process and begins the 60-day waiting period.
Overview of the Texas divorce process with minor children
The Texas divorce process follows several stages. After filing and service, your spouse has time to respond. The court may issue temporary orders for custody and support. Both parties exchange financial information during discovery. Next comes negotiation or mediation to resolve disputes. If settlement isn’t possible, a court hearing or trial determines unresolved issues. Finally, the judge signs the final decree completing the divorce.
How the Texas divorce timeline works when minor children are involved
Divorces involving children take longer than simple no-fault divorces between spouses without kids. Courts must approve parenting plans that protect the best interests of minor children. You must establish conservatorship and set a possession schedule. You should also calculate child support using state guidelines and arrange medical support.
Each step requires documentation, sometimes expert input, and court approval, which adds time to the process. Child custody disputes are often the most contentious part of a divorce and can extend how long it takes to finalize.
Related Guide: Divorce Timeline in Texas
Several Factors That Affect How Long a Texas Divorce with Children Takes
Uncontested divorces vs. contested divorce cases with child custody issues
The single biggest factor affecting your divorce timeline is whether you and your spouse can reach agreement. When spouses agree on custody, support, and property division, cases move quickly through the court system. Contested divorces require discovery, depositions, expert witnesses, and multiple court hearings. Each contested issue adds weeks or months to the process as both sides prepare evidence and arguments.
Property division, community property, and complex assets
Texas is a community property state, meaning most assets acquired during marriage belong to both spouses equally. Simple cases with a house, two cars, and retirement accounts take less time to divide. Divorces involving substantial assets—like multiple properties, business interests, stock options, or complex marital estates—require professional valuations, forensic accountants, and careful negotiation. Time spent on property division directly impacts how long your divorce case takes.
Spousal support and spousal maintenance in Texas
Texas has specific requirements for awarding spousal maintenance. Unlike child support, spousal support isn’t automatic. The court considers the length of the marriage, each spouse’s earning capacity, and other factors. Disputes over spousal maintenance can lengthen the divorce process. Both sides must present evidence of income, expenses and financial needs before the court decides about maintenance
Court scheduling, local rules, and Texas courts’ dockets
Even when parties are ready to settle, court availability affects timing. Texas courts in Dallas, Collin, Denton, and Tarrant counties have different local rules and docket schedules. Some courts hear family law cases only on certain days. Busy dockets mean waiting weeks or months for available hearing dates. This scheduling reality often adds two to four months to divorce proceedings even in relatively simple cases.
Contested Divorce, Mediation, and Court Hearings in Texas
When Texas courts require court intervention
Courts get involved when parents cannot agree on child custody, argue over marital assets, or when one spouse seeks protective orders for family violence. They also hold hearings if a parent’s fitness is in question or if the child’s safety may be at risk.
The mediation process with a neutral third party
Most Texas courts require mediation before trial. During mediation, a neutral third party helps both spouses negotiate solutions to disputed issues. The mediator does not make decisions. Instead, they guide discussions and help both parties find common ground. Successful mediation can resolve even complex child custody disputes in a single day, saving months of court time. When parties agree at mediation, the settlement becomes part of the final decree.
What happens at a divorce hearing or final trial
If mediation fails, your case proceeds to a court hearing or trial. Both sides present evidence including financial statements, testimony, and sometimes expert witnesses. In custody disputes, judges may hear from child custody evaluators or therapists. The court considers all evidence and issues orders on contested matters. Trials for complex cases can last multiple days and require extensive preparation time.
How settlement negotiations can shorten the divorce timeline
Even without formal mediation, attorneys can often resolve issues through ongoing discussions. When your family law attorney works closely with the other side, many disputes settle without court. This approach saves time on hearings and preparation and reduces the cost of a lengthy divorce.
Child Custody, Child Support, and Medical Support in a Texas Divorce
Child custody arrangements and conservatorship in Texas
Texas uses the term “conservatorship” instead of custody. Joint managing conservatorship means both parents share decisions on issues, like education, medical care. Usually, one parent has the exclusive right to decide the child’s primary residence. The possession schedule sets when the child spends time with each parent. Courts prefer arrangements that keep strong relationships with both parents.
How Texas courts prioritize child support and medical support
When setting child support, Texas courts follow guidelines based on the paying parent’s net monthly income and the number of children. The court also orders medical support, including health insurance and sharing medical expenses. These calculations must be completed and approved before the final decree is signed. Disputes over income or employment details can add time to the divorce process.
Resolving child custody disputes in family law cases
Serious child custody disputes may need a parenting coordinator, custody evaluation, or social study. These experts review each parent’s home, relationship with the children, and ability to meet their needs. Their reports guide the court’s decisions but can add weeks or months to the divorce timeline.
Modifying custody or support orders after the divorce decree
Life changes after divorce. Parents can ask to modify conservatorship, possession schedules, or support if circumstances change. Common reasons include job loss, moving, changes in the child’s needs, or remarriage. Knowing these adjustments are possible lets parents focus on completing the divorce instead of arguing over every detail.
Special Circumstances That Change the Texas Divorce Timeline
Cases involving domestic violence or family violence
Texas law allows exceptions to the 60-day waiting period in cases involving domestic or family violence. Courts can quickly issue protective orders and temporary custody arrangements to ensure safety. These cases often need extra hearings, evidence of abuse, and sometimes emergency orders. While safety concerns speed decisions, the overall divorce usually takes longer because of the case’s complexity.
Military divorces, SCRA, and military families
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from default judgments. It also allows postponing legal proceedings during deployment. Divorces involving military members, whether in Texas or elsewhere, require extra steps, including dividing military retirement and following federal rules. Deployment can extend the divorce timeline when service members cannot attend hearings.
Substantial assets, businesses, and complex assets
Divorces involving significant business interests, professional practices, or complex investment portfolios require expert valuations and forensic accounting. Tracing separate property versus community property in these cases takes time. Business valuations alone can take three to six months. When couples own multiple properties, have international assets, or have hidden assets that must be discovered, the divorce case can extend well beyond a year.
Out-of-state moves and special circumstances with minor children
When a parent wants to move with the children out of Texas or a long distance within the state, special legal steps apply. The other parent must be notified, and the case often leads to contested hearings about the children’s best interests. Interstate rules under the Uniform Child Custody Jurisdiction and Enforcement Act add extra steps that can lengthen the timeline.
From Temporary Orders to the Final Decree of Divorce
Temporary orders for custody, child support, and possession
Soon after filing for divorce, either spouse can ask for temporary orders. These set rules during the waiting period and while the divorce is ongoing. Orders cover child custody, temporary support, who stays in the family home, and bill payments. The temporary orders hearing usually happens in the first month. It gives stability while the divorce moves forward.
What must be included in the final decree in Texas
The final decree must cover all parts of the divorce. This includes property division, conservatorship and child possession, child support, medical support, retirement account division, responsibility for debts, and any spousal maintenance. If the decree misses any part, the judge may refuse to sign it, which can delay the final divorce.
When the judge signs and what happens next
The judge can sign the final decree anytime after the 60-day waiting period if all issues are resolved. In uncontested cases, this might happen on day 61. For contested cases, signing occurs after trial or after the court approves a mediated settlement agreement. Once signed and entered, the decree is effective immediately. Post-decree tasks include transferring property titles, implementing Qualified Domestic Relations Orders for retirement accounts, and beginning the parenting schedule. Learn more about what happens after a judge signs off on your divorce decree.
How your divorce lawyer helps finalize and enforce orders
Your law office ensures the final decree is complete, accurate, and enforceable. We draft the decree based on agreements or trial results, submit it for the judge’s signature, and handle implementation. If your former spouse does not follow the decree, we can file enforcement actions. Experienced legal representation ensures nothing is missed during this final stage.
Costs, Attorney Fees, and Financial Strain Over the Divorce Timeline
Major cost drivers in Texas divorce proceedings
Attorney fees represent the largest expense in most divorce cases. Hourly rates vary based on the attorney’s experience and your location in the DFW metroplex. Court filing fees, service of process, and mediation fees add hundreds to thousands of dollars. Complex cases may require expert witnesses like forensic accountants, business appraisers, or psychological evaluators, each charging substantial fees for their services and testimony.
How a longer divorce timeline creates financial strain
Each additional month your divorce takes means continued legal expenses. You may be paying child support under temporary orders while also maintaining your own residence. Multiple court hearings multiply attorney fees. The emotional and financial strain of extended divorce proceedings affects your work performance and overall well-being. The uncertainty of a pending divorce makes it difficult to plan for your financial future or make major life decisions.
Strategies to manage costs and access legal aid
Using mediation early and staying organized significantly reduces costs. Gather your financial statements, account information, and documentation before meeting with your attorney so you’re not paying legal fees for basic organization work. Some clients qualify for legal aid through local organizations. Others benefit from limited-scope legal representation where an attorney handles only specific tasks. Being prepared and responsive to your attorney’s requests keeps the case moving efficiently.
How the right family law attorney can help control costs
Experienced family law attorneys understand how to streamline the legal process. We know which battles are worth fighting and which issues to compromise on. We can often negotiate settlements that avoid expensive trials. Our familiarity with local rules and court procedures in Dallas, Collin, Denton, and Tarrant counties prevents costly procedural mistakes. Early investment in skilled legal representation usually saves money over the life of your case. Call our law firm at (888) 584-9614 to discuss how we can help.
Case Study: Finalizing a Texas Divorce with Children in Under Six Months
A Dallas-area parent came to Warren & Migliaccio with a contested child custody case. Our family law team helped negotiate a parenting plan and finalize their Texas divorce in under six months.
The Problem:
The client’s spouse refused to agree on a possession schedule and demanded an inflated child support amount. Temporary orders allowed the client to see the children only two weekends per month. The client felt shut out of major decisions. The stress affected their work and relationship with the kids.
The Action:
We acted quickly to set a fair temporary possession schedule. We collected income records with subpoenas and prepared financial statements showing the child support. Instead of going through many court hearings, we suggested early mediation with a neutral expert.
The Result:
At mediation, we presented our evidence and a parenting plan focused on the children’s best interests. The mediator helped both parties see that fighting only hurt the kids. They agreed on a 50/50 possession schedule and appropriate child support. The judge signed the final decree on day 68—just eight days after the mandatory waiting period ended.
The Takeaway:
Taking action early, preparing carefully, and using mediation can resolve contested custody disputes. Focusing on your children’s needs while building your case can shorten the divorce and help reach a settlement.
Step-by-Step: How to Keep Your Texas Divorce with Children on Track
Step 1 – Schedule a consultation with a Texas family law attorney
Meet with an attorney who works in the North Texas courts where your case will be filed. Talk about your goals for child custody, concerns about property division, and your vision for life after divorce. A good attorney will give you realistic expectations about timelines and outcomes for your situation.
Step 2 – Filing for divorce and securing temporary protections
Your attorney files the original petition and serves your spouse with legal notice. If you need immediate protection—like financial support or specific child possession—ask for temporary orders. Don’t wait weeks to handle urgent issues.
Step 3 – Gather financial statements and information about the children
Collect several years of tax returns, pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, and debt statements. Document your children’s schedules, medical needs, school information, and extracurricular activities. This information is essential for both property division and custody determinations. The faster you provide it, the faster your case progresses.
Step 4 – Identify contested issues and settlement options
Work with attorney to separate issues where agreement is possible from those requiring court intervention. Perhaps you agree on child custody but not on property division, or vice versa. Partial agreements narrow the issues for trial and save time. Consider creative solutions that meet both parties’ core needs rather than fixed positions.
Step 5 – Use negotiation and mediation to reach mutual agreement where possible
Most Texas family law cases require mediation before trial. Approach mediation prepared to compromise while protecting your essential interests. The mediation process works best when both parties come ready to negotiate in good faith. Even one day of successful mediation can cut months of litigation and multiple court hearings.
Step 6 – Prepare for any necessary court hearings or trial
If settlement proves impossible, your attorney will prepare you thoroughly for court. Practice your testimony, review all evidence, and understand what the judge needs to hear. Court preparation takes significant time, but thorough preparation dramatically improves outcomes. Your attorney will guide you through the process and represent your interests at all hearings.
Step 7 – Finalize the decree and complete post-divorce tasks
After the judge signs your final decree, several tasks remain. Transfer vehicle titles and property deeds. Implement Qualified Domestic Relations Orders for retirement account division. Update beneficiaries on insurance policies and retirement accounts. Begin the children’s possession schedule. Your attorney ensures all loose ends are tied up so you can move forward with confidence.
Texas Statutes & Case Law to Know About Divorce with Children
Key Texas Family Code provisions
Tex. Fam. Code § 6.301 establishes the residency requirements for filing for divorce in Texas—six months in the state and ninety days in the county.
Tex. Fam. Code § 6.702 mandates the 60-day waiting period before a divorce can be finalized, with limited exceptions for family violence situations.
Tex. Fam. Code §§ 7.001–7.009 govern the division of community property and provide that courts must divide marital assets in a manner the court deems just and right.
Tex. Fam. Code Chapter 8 controls spousal maintenance, setting specific requirements for eligibility and calculation of support amounts.
Tex. Fam. Code Chapter 153 addresses conservatorship, possession, and access—what most people call custody and visitation.
Tex. Fam. Code Chapter 154 establishes child support guidelines and medical support requirements.
Federal and special protections
The Servicemembers Civil Relief Act provides military service members with specific protections in divorce proceedings, including the right to request stays of proceedings during active duty and certain deployment periods.
Representative Texas case law
Texas appellate courts have issued numerous decisions interpreting these statutes in the context of family law cases. Your attorney can cite relevant case law specific to your situation during court proceedings.
Common Mistakes That Make a Texas Divorce with Children Take Longer
Underestimating the 60-day waiting period and court delays
Many people think their divorce will end on day 61. They forget the time needed to draft the final decree, have both attorneys review it, get signatures, and place it on the judge’s schedule. Even uncontested divorces usually take 75 to 90 days from filing.
Not organizing financial records early
Delays in providing tax returns, bank statements, or business records slow the process. If discovery requests go unanswered, the other lawyer may file motions to compel. This adds court hearings and extra costs. Being disorganized also makes it hard for your lawyer to prepare for trial or evaluate settlements.
Escalating conflict instead of using mediation
Angry emails, harsh texts, and social media posts increase conflict and slow settlement. Each argument makes your spouse more defensive. Courts want parents who can co-parent well. Showing cooperation helps settle disputes faster and protects your children.
Agreeing to unfair custody or support terms without advice
Some people sign orders without knowing the long-term effects. Child support rules are complex. Conservatorship and possession have specific legal meaning. What seems fair could hurt your rights or your children. Always have a lawyer review agreements before signing.
Ignoring domestic violence or child safety concerns
If there is family violence or safety issues, tell your lawyer right away. These affect temporary orders, custody, and visitation. Courts take safety seriously, but they need evidence. Waiting too long can put children at risk.
Trying to handle complex cases without a lawyer
Texas divorces have strict rules, deadlines, and legal standards. Cases with big assets, custody disputes, or special circumstances need an experienced lawyer. Representing yourself often causes mistakes, delays, and poor results. For help, call (888) 584-9614.
FAQs About Texas Divorce Timelines with Children
Waiting Periods and Remarriage
Can my Texas divorce with children be finalized before the 60-day waiting period?
Texas law allows exceptions only in cases of domestic or family violence. The court must find that violence occurred. It must also decide that waiving the waiting period is in the best interest of a spouse or child. Without these conditions, all divorces must wait at least 60 days from filing.
When can I remarry after the judge signs my Texas final decree of divorce?
You can remarry immediately after the judge signs the final decree and the court enters it. Texas does not require a waiting period. However, wait until you have a certified copy to avoid issues when applying for your marriage license.
Custody and Disputes
How long does a Texas divorce usually take with serious child custody disputes?
Contested custody cases usually take nine to eighteen months or longer. The timeline depends on custody evaluations, temporary hearings, discovery, and court availability. Cases with allegations of family violence, substance abuse, or mental health concerns often take more time for investigation and expert testimony.
How does a temporary custody or support order affect the divorce timeline?
Temporary orders give stability during the divorce but do not directly change the overall timeline. These orders stay in effect until the final decree. If temporary arrangements work well, they often form the basis of the final orders, which can speed settlement. If problems arise, resolving them can lengthen the process.
Mediation and Process
Does filing for divorce first make the process faster in Texas?
Filing first does not shorten the overall timeline because the 60-day waiting period applies to both spouses. Being the petitioner lets you present evidence first at trial and gives some strategic advantages. It also allows you to request temporary orders quickly if needed.
What can delay my Texas divorce after mediation?
Even after mediation, drafting the final decree takes time. Both attorneys must review the orders, and both parties must sign. If retirement accounts need Qualified Domestic Relations Orders, those must be prepared. Court scheduling for the final hearing can add weeks. Most mediated settlements take four to eight weeks to finalize.
Special Circumstances
How do military service and deployment affect the timing of a Texas divorce with children?
Active-duty service members can request a stay under the Servicemembers Civil Relief Act. Deployment makes attending hearings and mediation harder. Military divorces often take longer, though courts try to adjust schedules. Remote testimony via video can help reduce delays.
Legal Authorities (Endnotes)
- TEX. FAM. CODE ANN. § 6.702(a) (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- TEX. FAM. CODE ANN. § 6.301 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- TEX. FAM. CODE ANN. § 6.702(b) (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- TEX. FAM. CODE ANN. § 6.301 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- TEX. FAM. CODE ANN. § 6.702 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
- TEX. FAM. CODE ANN. §§ 7.001–7.009 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm
- TEX. FAM. CODE ANN. ch. 8 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
- TEX. FAM. CODE ANN. ch. 153 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
- TEX. FAM. CODE ANN. ch. 154 (West 2024). Available at: https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
- Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043. Available at: https://www.govinfo.gov/content/pkg/USCODE-2011-title50/html/USCODE-2011-title50-chap50.htm
Contact Warren & Migliaccio, L.L.P. for Help with Your Texas Divorce
At Warren & Migliaccio, our family law attorneys help families across North Texas and the DFW area. We serve all over the Dallas, Collin, Denton, and Tarrant counties. We know that divorcing with children is one of life’s hardest experiences. Our team provides caring guidance while protecting your rights and your children’s best interests.
Whether your divorce is contested with custody issues or you hope to reach an uncontested settlement, we have nearly 20 years of experience. We offer free consultations to review your situation and explain your options.
Don’t let uncertainty about the divorce timeline stop you from taking the first step toward a new future. Call at (888) 584-9614 or contact us online to schedule a consultation with a North Texas family law attorney who will fight for you and your children.
Disclaimer
This article is for informational purposes only and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship. Each divorce case is unique, and results vary. For advice about your case, consult a licensed Texas attorney. For general guidance on a quick divorce in Texas, additional resources may help.
