How Long Does it Take to Get a Divorce in Texas?

Amy Pennza
talk to the hand

If you are considering ending your marriage in the Lone Star state, you might be wondering how long the process takes. The amount of time it takes to finalize a divorce in Texas depends on the level of cooperation between the spouses. Cordial spouses can obtain a divorce in as little as 61 days, assuming at least one spouse meets the state's residency requirement.

Residency Requirements

To obtain a divorce in Texas, one of the spouses must have been a Texas resident for at least six months. Additionally, the filing spouse must have lived in the county in which he or she intends to file a Petition for Divorce for the 90 days preceding the filing. The couple does not have to have been married in Texas to file for divorce there.

Grounds for Divorce

Texas is both a fault and a no-fault divorce state, citing seven grounds on which you can base your divorce. If you want to speed up your divorce, you should simply state that your marriage has simply become "insupportable." This is the no-fault ground under Texas law. Typically, this shortens the amount of time it takes to get divorced, provided that both parties agree to the terms set forth. The fault-based grounds include cruelty, adultery, felony conviction, abandonment, or insanity.

Texas Divorce Procedures

To initiate divorce proceedings, one spouse files a Petition for Divorce with the court in the county where he or she lives and serves it on the other spouse. Texas law requires the parties to wait at least 61 days until the court holds a hearing on the case.

If the spouses agree to the terms of the divorce regarding marital property, debt, alimony, etc., the court will grant the divorce at the hearing. If not, the case moves into more complex Texas divorce procedures.

How Long Does it Take to Get a Divorce in Texas?