If you live in Southlake or the surrounding Tarrant County area, you may feel overwhelmed when facing the end of a marriage. One of the most common questions we hear is: how long does a divorce take in Texas and what happens during the process? While every family situation is unique, Texas law sets specific timelines and procedural requirements that every couple must follow.
The short answer is that a Texas divorce takes a minimum of 60 days, but many factors can extend this timeline to several months or even over a year. Understanding these steps can help you prepare for the road ahead and protect your future.
Meeting the Residency Requirements to File
Before you can file for divorce in a North Texas court, you must meet the residency requirements established by Texas Family Code Section 6.301. At least one spouse must have lived in the state of Texas for the preceding six months.
Additionally, you or your spouse must have been a resident of the county where you file for the 90 days leading up to the filing. For many of our clients in Southlake, this means filing in Tarrant County or Denton County, depending on which side of the city line you reside. If you are serving in the military or are stationed outside of Texas, you may still meet these requirements if Texas is your home state.
The Mandatory 60-Day Waiting Period
Texas law mandates a cooling-off period before a judge can finalize a divorce. Under Texas Family Code Section 6.702, a court may not grant a divorce until at least 60 days have passed since the date the petition was filed.
This 60-day rule applies even if both spouses agree on every detail of the split. The only common exceptions to this waiting period involve cases with family violence convictions or active protective orders. While 60 days is the minimum, it is rarely the maximum. An uncontested divorce, where both parties agree on property and child-related issues, often finishes shortly after this period. But if there are disagreements, the process will take significantly longer.
Grounds for Divorce: Fault vs. No-Fault
Texas is a no-fault divorce state. This means you do not have to prove your spouse did something wrong to end the marriage. Most people file under the ground of insupportability, which Texas Family Code Section 6.001 defines as a marriage that has become insupportable because of discord or conflict that destroys the ends of the relationship.
A spouse can also file on fault-based grounds. These may include:
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment for at least one year
- Living apart for at least three years
While a no-fault divorce is often faster, alleging fault can sometimes impact how a judge decides to divide community property or handle child custody matters.
What Happens During the Divorce Process?
The legal journey begins with the filing of the Original Petition for Divorce. Once filed, the other spouse must be formally served with notice, unless they choose to sign a waiver of service.
Temporary Orders
In many Southlake cases, the most active part of the divorce happens right at the beginning. If the spouses cannot agree on immediate issues like who stays in the house, who pays which bills, or the temporary schedule for children, the court may hold a hearing for temporary orders. These orders provide a roadmap for the family to follow while the divorce is pending.
Discovery and Property Division
Texas is a community property state. According to Texas Family Code Section 7.001, the court must order a division of the estate in a manner that is just and right. This does not always mean a 50/50 split.
During the discovery phase, both sides exchange information about assets and debts. This is especially vital for high-net-worth divorces involving business interests, retirement accounts, or complex real estate holdings. We often work with financial professionals to identify separate property (assets owned before marriage or received as a gift or inheritance) versus community property.
Child Custody and Support
When children are involved, the court’s primary focus is the best interest of the child, as stated in Texas Family Code Section 153.002.
- Conservatorship: This refers to the legal rights and duties of the parents. Texas law presumes that Joint Managing Conservatorship (JMC) is in the child’s best interest, though the specific rights of each parent can vary.
- Possession and Access: This is the physical schedule. The Standard Possession Order (SPO) is the baseline in Texas, but many families in Southlake opt for custom schedules that fit their work lives and school activities.
- Child Support: This is generally calculated based on a percentage of the non-custodial parent’s net resources, following the guidelines in Texas Family Code Chapter 154.
Reaching a Final Decree
Most divorces in Tarrant County are settled through negotiation or mediation rather than a full trial. Mediation is a collaborative process where a neutral third party helps the spouses reach an agreement. If an agreement is reached, it is drafted into a Final Decree of Divorce.
If the parties cannot agree, the case will go to trial. This can add many months to the timeline as the parties wait for an available date on the court’s busy docket. Once the judge signs the Final Decree, the divorce is official.
Navigating Your Future in Southlake
The choices you make during a divorce can impact your financial stability and your relationship with your children for decades. Whether you are dealing with a straightforward uncontested split or a complex high-net-worth case, having a dedicated legal team can provide peace of mind.
At the Law Office of Dana L. White, PLLC, we bring over 60 years of combined experience to every case we handle. We prioritize what matters most to you, from protecting your business interests to securing your parental rights. Our team understands the local court systems in Tarrant and Denton counties and is ready to provide the creative, customized solutions your family deserves.
If you are ready to discuss your situation, contact us today at (817) 512-1580 to schedule a consultation.
