How to Get Divorced Fast in Texas
If you want a fast Texas divorce, try for an agreed divorce. When both parties agree on everything, you can file for a Texas divorce and complete the process faster. Texas divorce law requires a 60-day waiting period before the divorce is final. Make sure you meet the residency requirements in Texas and file in the correct county. Carefully fill out your forms and come to an agreement on property, debt, and child custody. Many people use online resources or lawyers to help make a quick Texas divorce happen. Check out this table for average times:
Divorce Type | Average Time in Texas |
|---|---|
Agreed Divorce | |
Immediate Divorce | 2-3 months (after 60-day waiting) |
Texas Divorce Basics
Residency Rules
Before you start filing for divorce in Texas, you need to meet some important residency rules. Texas law says that you or your spouse must have lived in Texas for at least six months. You also need to have lived in the county where you plan to file for divorce for at least 90 days. If you do not meet these rules, the court will not accept your case. This can cause delays and extra costs. Sometimes, people in the military can still qualify as Texas residents if they are stationed in Texas for the right amount of time.
Tip: Make sure you have proof of your Texas residency, like a Texas driver’s license or voter registration. This helps show the court that you really live in Texas.
If you skip these steps or do not have the right documents, your texas divorce could get dismissed. That means you would have to start over, which takes more time and money.
Original Petition
Once you meet the residency rules, you can start filing for divorce. The first step is to file an Original Petition for Divorce. This document tells the court you want a divorce and gives basic information about you and your spouse. Here’s what you usually need when you file for divorce:
Original Petition for Divorce with your names, marriage details, and reasons for divorce.
Civil Case Information Sheet with basic case facts.
Citation and Proof of Service, or a Waiver of Service if your spouse agrees.
Standing Orders, if your county requires them.
Financial Disclosures, like a list of your assets and debts.
Other documents, such as Temporary Orders or Protective Orders, if needed.
Local forms, since some counties have their own rules.
The cost to file for divorce in Texas depends on your county, but you may also need to pay for extra forms or copies. If you cannot afford the fees, you can ask the court to waive them. Filing for divorce with the right paperwork helps your texas divorce move faster and keeps you from running into problems later.
Filing for Divorce in Texas
Uncontested Divorce
If you want an immediate divorce, try an uncontested divorce. In this type, you and your spouse agree on everything. You both decide how to split property, pay debts, and care for children. You do not have to argue in court. Most of the work happens outside the courtroom. This saves you time and money.
Here’s a quick look at how uncontested and contested divorces are different:
Aspect | Uncontested Divorce | Contested Divorce |
|---|---|---|
Agreement on Issues | Both spouses agree on all major issues such as property division, child custody, support, and debts. | Spouses disagree on one or more key issues requiring court resolution. |
Filing Process | One spouse files a petition; the other spouse is served and may sign a waiver of service. | One spouse files a petition; the other responds with an answer or counterpetition disputing issues. |
Waiting Period | Mandatory 60-day waiting period before finalization. | Same 60-day waiting period applies. |
Court Involvement | Minimal court appearances; often only a brief hearing for judge approval of the final decree. | Extensive court involvement including hearings, mediation, discovery, and possibly trial. |
Steps | 1. File petition | 1. File petition and response |
Time Frame | Typically 60-90 days if all paperwork is in order. | Often several months to years depending on complexity and court schedule. |
Cost | Lower legal fees ($1,500-$3,500) and court costs. | Higher costs ($15,000-$50,000+) due to attorney fees, expert witnesses, mediation, and trial expenses. |
Emotional Impact | Less stressful due to cooperation and control over outcomes. | More stressful due to disputes, prolonged litigation, and court battles. |
Legal Counsel | Recommended but not always required; one attorney can prepare documents for one spouse. | Essential to have legal representation for both parties. |
Default Divorce | Possible if the responding spouse does not answer within the required timeframe. | Not applicable; disputes require active participation. |
You can see that an agreed divorce is much faster and easier. Most people who pick this finish in about two or three months. The 60-day waiting period is the main reason it takes this long. After you file and wait, you only need a short court hearing. The judge checks your agreement and signs the final papers.
Tip: If you and your spouse can talk and agree, you will save time, money, and stress. An agreed divorce is the fastest way to get an immediate divorce in Texas.
Here are the basic steps for filing for divorce in an uncontested case:
Make sure you meet the residency rules.
File for divorce by giving your petition to the court.
Give your spouse the papers, or use a waiver of service.
Wait the 60-day period.
Prepare and sign the final divorce decree.
Go to a short court hearing for the judge to approve your agreement.
Most uncontested divorces in Texas move fast because you skip long court fights. You and your spouse stay in control of what happens, and you both know what to expect.
Waiver of Service
A waiver of service can make your divorce even faster. When you file for divorce, the law says you must give your spouse official notice. Usually, a process server or sheriff hands them the papers. This step can take time and cost extra money.
If your spouse agrees, they can sign a waiver of service. This paper says they got the divorce papers and do not need to be served formally. The waiver must be written and include the court’s name, the date, and a copy of the complaint. Your spouse gets at least 30 days to return the waiver if they live in Texas, or 60 days if they live outside the country.
Requirement/Aspect | Description |
|---|---|
Written Request | The waiver must be in writing and sent to your spouse or their agent. |
Court Identification | The waiver must name the court where you filed for divorce. |
Accompanying Documents | Include a copy of the complaint and two copies of the waiver form. |
Information Provided | Tell your spouse what happens if they waive or do not waive service. |
Timing | Give your spouse at least 30 days (or 60 days if outside the U.S.) to return the waiver. |
Method of Sending | Send by first-class mail or another reliable way. |
Consequences of No Waiver | If your spouse does not sign, they may have to pay extra costs for service and attorney fees. |
Time to Answer | If your spouse signs, they get more time to answer the petition. |
Effect of Filing Waiver | You do not need proof of service; the waiver counts as if they were served. |
Jurisdiction and Venue | Waiving service does not mean your spouse gives up other legal rights. |
Note: A waiver of service is common in agreed divorce cases. It helps you skip the wait for a process server and keeps things moving. If your spouse signs the waiver, you can move forward with your immediate divorce without delays.
If you want a faster divorce, ask your spouse to sign a waiver of service. This step can save you weeks and make things easier. Many couples use this option in an agreed divorce to keep things simple and quick.
Agreement on Issues
Property and Debt
You and your spouse need to agree on how to split everything you own and owe. Texas uses community property rules. This means most things you get during marriage belong to both of you. If you both agree on who gets what, the judge will usually approve your plan. This makes the process much faster.
Here’s what you should cover when dividing property and debt:
Decide who keeps the house, cars, and any real estate.
Split up bank accounts, retirement accounts, and investments.
List all debts, like credit cards or loans, and decide who pays each one.
Make sure you both share all information about what you own and owe.
Tip: If you have a simple case with no big assets or debts, you can use a basic form. For more complex cases, you might want a lawyer to check your agreement.
If you and your spouse cannot agree, the court will decide for you. This can take months or even a year. When you both work together, you can finish your divorce in as little as 60 days.
Children and Custody
If you have kids, you must agree on how to care for them. This includes where they will live, who makes decisions, and when each parent spends time with them. Texas calls this “conservatorship” instead of custody.
Common things to agree on:
Who will be the main caregiver.
A schedule for visits and holidays.
How you will make big decisions for your child.
The amount and length of child support.
Sometimes, parents disagree about parenting styles or schedules. These fights can slow down your divorce and hurt your kids. Try to talk things out calmly. Mediation can help you find answers without going to court.
Note: If you and your spouse agree on all child-related issues, your divorce will move much faster. Judges want to see that your plan puts your children first.
When you reach an agreement on property, debt, and children, you can use an agreed divorce to finish quickly and with less stress.
Expedited Divorce Tips
Avoiding Delays
You want your divorce to go fast. Many people hope for an expedited divorce. Small mistakes can make things take longer. Here are five mistakes that slow down Texas divorce cases:
Hiding money or property. If you keep things secret, the court may investigate. This can lead to penalties and long waits.
Not getting an attorney soon enough. Without legal help, you might miss deadlines or not understand the process.
Bad record keeping. If you do not keep good records, the court may look closer at your finances.
Letting feelings control choices. Arguments and strong emotions can turn small problems into big fights.
Ignoring custody and visitation rules. If you do not follow Texas custody laws, you may have legal trouble and delays.
Tip: Be honest and stay organized. If you keep your paperwork neat and share information, you can avoid most delays.
You can make your expedited divorce go faster by using these ideas:
Set clear deadlines with your lawyer for sharing information and finishing steps.
Ask the court to help if your spouse does not answer or tries to slow things down.
Keep talks short. Do not let long talks drag out the process.
Use mediation or online divorce services. These choices help you settle issues faster than going to court.
Stay ready. Bring all your records to meetings and court dates.
Benefit/Factor | Description | Impact on Timeline |
|---|---|---|
Cost Savings | Mediation avoids expensive court trials. | Faster resolution than traditional court. |
Reduced Conflict | Mediation helps couples negotiate calmly. | Smoother and quicker settlements. |
Binding Agreements | Agreements on custody and property are legally binding. | Speeds up finalization by reducing disputes. |
Paperwork Management | Accurate paperwork streamlines the process. | Fewer delays and faster final decree. |
Settlement Rate | Most cases settle before trial, often through mediation. | High settlement rate speeds up the process. |
Uncontested No-Fault | Both parties agree, so divorce can finalize in 60 days. | Shortest timeline for immediate divorce. |
Note: Mediation and online services can help you finish your expedited divorce in two to six months, depending on your case.
If you want an immediate divorce, you need to avoid common delay tactics. Refusing to sign papers, filing extra motions, or changing lawyers can slow things down. Stay focused and work with your spouse to keep things moving.
When to Get Legal Help
Sometimes, you need more than just being organized. You may face special problems that need expert advice. Here are reasons people get legal help during a Texas divorce:
You need to choose between fault-based and no-fault divorce.
You want to know how insupportability can help you get a quicker, less stressful divorce.
You have hard property or custody issues.
You want to protect your rights and interests.
A skilled texas divorce attorney can help you with these choices. Legal help makes it easier to fill out paperwork, make fair deals, and avoid mistakes that slow down your expedited divorce. Attorneys can also help you use mediation to reach agreements faster and skip court fights. If you work with a lawyer, you may finish your uncontested divorce in about 80 days.
Tip: If you have questions about the cost to file for divorce, ask your attorney or check with your county clerk. Fees change by county, but legal help can save you money by avoiding costly mistakes.
Special Situations: Family Violence and Military Service
Some cases need extra care. If you face family violence, Texas law lets you ask for a waiver of the 60-day waiting period. Courts may also skip mediation to keep you safe from your abuser. Judges often give sole custody to the non-abusive parent and may order spousal support if the abusive spouse has a recent conviction. These rules help you get an expedited divorce and keep your family safe.
Military divorces follow the same 60-day waiting period, but active duty or deployment can slow things down. The Servicemembers Civil Relief Act protects service members, sometimes causing automatic delays. Dividing military benefits and handling custody can add months or even years to the process. If you or your spouse serve in the military, talk to a lawyer who knows these issues.
Note: Family violence can make your divorce go faster, while military service may slow it down. Always ask for legal advice if you face these special situations.
If you want an expedited divorce, stay organized, talk clearly, and get help when you need it. Use online services or mediation to settle quickly. Work with a skilled texas divorce attorney for the best results.
Final Steps to File for Divorce
60-Day Waiting Period
After filing for divorce in Texas, you must wait before the court can finish your case. The law sets a minimum waiting period of 60 days. This countdown starts the day after you file your petition. The 60-day waiting period gives you and your spouse time to think about your decision and get ready for the next steps. Most people cannot skip this step, but there are rare exceptions. If family violence has happened, the judge may let you move forward sooner.
Tip: Use this time to gather your paperwork, talk with your spouse, and make sure you agree on all issues. This helps you avoid delays later.
Final Decree
The Final Decree of Divorce is the most important document in your case. It lists every decision the court makes about your property, debts, spousal support, and children. You and your spouse should review this decree carefully before the judge signs it. The decree must include:
How you will split your house, cars, bank accounts, and retirement funds
Who will pay each debt
Details about spousal support, if any
Child custody, visitation, and support plans
Name changes, if requested
If you make mistakes or leave out information, the court may reject your decree. This can slow down your case and make you wonder, "how long will my divorce take?" Double-check everything before you submit it.
Court Hearing
You will need a court hearing to finish your divorce. In an uncontested case, this is often called a "prove-up" hearing. You or your lawyer will tell the judge about your agreement. The judge will check your paperwork and ask a few questions. If everything is correct, the judge will sign your Final Decree of Divorce.
Here’s a quick look at what happens at this stage:
Step | What You Do | How Long It Takes |
|---|---|---|
Schedule Hearing | Contact the court to set a date | A few days to weeks |
Attend Hearing | Answer the judge’s questions | Usually 10-30 minutes |
Judge Signs Decree | Judge reviews and signs your decree | Same day or within a few days |
File Decree | Clerk files the signed decree and gives you copies | Same day or next business day |
If you forget a form or miss a step, the court may reschedule your hearing. This is a common reason people ask, "how long will my divorce take?" To avoid delays, make sure all your documents are ready and filed on time.
Note: Filing for divorce is only the first step. The final steps—waiting, preparing your decree, and attending your hearing—decide how quickly you finish.
If you want a quick divorce in Texas, first check the residency rules. Then file your petition with all the needed information. You and your spouse should agree on property, support, and custody. Uncontested divorce is the fastest, but you still have to wait 60 days. 🕒 Make sure your paperwork is correct. You might want to talk to a family law attorney.
Tip:
Keep your papers neat and use help like mediation, DIY kits, or legal aid. Are you ready to start?
Collect your documents.
Get ready for the waiting period.
Go to your hearing and finish your divorce.
FAQ
How fast can you get divorced in Texas?
You must wait at least 60 days after you file. If you and your spouse agree on everything, you can finish soon after the waiting period ends. Most people finish in about two to three months.
Can you skip the 60-day waiting period?
Texas law only allows you to skip the 60-day wait if there is family violence or a protective order. Most people must wait the full 60 days, even if both sides agree.
Do you need a lawyer for a quick divorce?
You do not have to hire a lawyer. Many people use online services or fill out forms themselves. If your case is simple and you both agree, you can handle it without legal help.
What if your spouse will not sign the papers?
You can still get divorced, but it will take longer.
The court may set a hearing.
You might need to serve your spouse with papers.
The process becomes contested and can take months or more.
Can you file for divorce online in Texas?
Yes, you can start your divorce online in many Texas counties. Online services help you fill out forms and file them with the court. This can save you time and make things easier.
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