When clients walk into my office asking about divorce, one of the first questions they ask is: “How long will this take?” It’s a natural concern. Whether you’re anxious to move forward with your life or worried about the emotional toll of a lengthy process, understanding the timeline can help you prepare mentally, financially, and logistically.
The straightforward answer is that in Texas, every divorce takes at least 60 days from the date of filing due to a mandatory waiting period. However, the reality is that most divorces in Dallas County take considerably longer—anywhere from three months to over a year, depending on the complexity of your case and whether you and your spouse can reach agreements.
In this article, I’ll walk you through the divorce process step by step, explain what affects how long your divorce might take, and provide realistic timelines based on my experience handling family law cases in Dallas County for over 25 years.
The Texas 60-Day Waiting Period: The Absolute Minimum
Texas Family Code Section 6.702 establishes a mandatory 60-day waiting period before any divorce can be finalized. This means that from the day your divorce petition is filed with the court, at least 60 days must pass before a judge can grant your divorce decree.
The clock starts ticking on the filing date—not when you hire an attorney, not when you separate from your spouse, but when the petition is officially filed with the Dallas County District Clerk’s office.
This waiting period exists to give couples time to reconsider their decision and, if they have children, to attempt reconciliation. While some states have eliminated waiting periods, Texas maintains this requirement for all divorces, regardless of whether there are children involved or whether both parties agree to the divorce.
Can the waiting period be waived? In extremely rare circumstances involving family violence, a judge may waive the 60-day requirement, but this is the exception, not the rule. For the vast majority of Dallas divorces, you’ll need to plan for this minimum timeline.
Uncontested Divorce Timeline: 2-4 Months
An uncontested divorce—where both spouses agree on all major issues, including property division, debt allocation, and (if applicable) child custody and support—typically represents the fastest path to dissolution.
Week 1-2: Initial Consultation and Case Preparation
During your initial consultation with a Dallas divorce attorney, you’ll discuss the specifics of your situation, including assets, debts, children, and your goals for the divorce. If you decide to move forward, your attorney will begin preparing the petition for divorce and other required documents.
This preparation includes gathering information about your marriage, property, income, and any children. The more organized you are with documents—tax returns, bank statements, property deeds, retirement account statements—the faster this phase progresses.
Week 2-3: Filing and Service
Once your divorce petition is prepared and you’ve reviewed it, your attorney files it with the Dallas County District Clerk. The petition must then be served on your spouse, typically through a process server or, if your spouse agrees, through waiver of service.
If your spouse signs a waiver of service, this can save several days to a week. If formal service is required and your spouse is avoiding service, this phase can extend significantly.
Week 3-8: Waiting Period and Negotiation
Even in an uncontested divorce, the 60-day waiting period must elapse. During this time, you and your spouse (through your respective attorneys if both are represented, or directly if only one party has counsel) will finalize the terms of your divorce decree.
This includes drafting a final decree of divorce that addresses:
- Division of community property and debts
- Any spousal maintenance (alimony)
- If children are involved: custody arrangements, visitation schedules, child support, and decision-making authority
In truly uncontested cases where both parties are cooperative and responsive, these negotiations can be completed within a few weeks. However, even when couples agree on major issues, working through the specific language and details often takes longer than expected.
Week 9-16: Finalization
Once the 60-day waiting period has passed and all documents are finalized and signed, your attorney will submit the final decree to the judge for signature. In Dallas County, judges typically sign uncontested divorce decrees within a few days to two weeks, though court backlogs can occasionally extend this timeline.
Some Dallas County courts offer “prove-up” hearings where you appear briefly before the judge to finalize your divorce. Other courts handle uncontested divorces entirely on paper without requiring an appearance.
Realistic Timeline for Uncontested Dallas Divorce: 2.5 to 4 months from initial filing to final decree
Contested Divorce Timeline: 6 Months to 2+ Years
When spouses cannot agree on one or more significant issues—whether that’s property division, child custody, or spousal support—the divorce becomes contested, and the timeline extends considerably.
Month 1: Filing, Service, and Initial Response
The contested divorce begins the same way: filing the petition and serving your spouse. However, in a contested case, your spouse will likely hire their own attorney (if they haven’t already) and file an answer to your petition, possibly along with counter-petitions or requests for temporary orders.
Month 1-2: Temporary Orders Hearing
In many contested divorces, particularly those involving children or significant financial disputes, one or both parties will request a temporary orders hearing. This hearing, which typically occurs within the first 30-60 days after filing, establishes ground rules for the divorce period, including:
- Temporary child custody and visitation arrangements
- Temporary child support and spousal support
- Who remains in the marital home
- Temporary restraining orders regarding property and finances
- Payment of bills and attorney’s fees during the divorce
Temporary orders remain in effect until the final divorce decree is signed. They can significantly impact your life during the divorce process, so preparation for this hearing is critical.
Month 2-6: Discovery Process
Discovery is the formal legal process of gathering information and evidence relevant to your divorce. In Dallas County contested divorces, discovery typically includes:
Interrogatories: Written questions that must be answered under oath Requests for Production: Demands for documents like financial records, emails, text messages, and other evidence Requests for Admission: Statements that the other party must admit or deny Depositions: In-person questioning under oath, transcribed by a court reporter Subpoenas: Requests for documents or testimony from third parties like banks, employers, or witnesses
The discovery phase is often the longest part of a contested divorce. Texas rules allow parties 30 days to respond to most discovery requests, but extensions are common. If one party is uncooperative or hiding assets, discovery can extend for many months.
For high-asset divorces or cases involving business valuations, discovery often requires retaining experts such as forensic accountants, business appraisers, or real estate valuators. Completing these expert evaluations adds additional time to the timeline.
Month 4-8: Mediation and Settlement Negotiations
Most Dallas County family courts strongly encourage (and some require) mediation before allowing a case to proceed to trial. Mediation involves both parties, their attorneys, and a neutral mediator—often an experienced family law attorney or retired judge—working together to reach settlement agreements.
Mediation sessions typically last a full day or longer. Many contested divorces settle at mediation, avoiding the need for trial. However, if mediation is unsuccessful, the case proceeds toward trial.
Even if formal mediation fails, attorneys often continue settlement negotiations through informal channels. Many cases settle on the courthouse steps before trial begins.
Month 8-18+: Trial Preparation and Trial
If settlement proves impossible, your case will be set for trial. In Dallas County, trial settings can be many months out due to court schedules and backlogs. Once a trial date is set, both sides engage in intensive trial preparation, including:
- Finalizing witness lists and exhibit lists
- Preparing witnesses for testimony
- Creating trial notebooks and arguments
- Filing pre-trial motions and proposed findings
Divorce trials in Dallas County can last anywhere from a few hours for relatively simple cases to several days or even weeks for complex high-asset divorces or contentious custody battles.
After the trial concludes, the judge will issue findings of fact and conclusions of law, followed by a final decree of divorce. Some judges issue rulings from the bench immediately after trial; others take days or weeks to issue written decisions.
Post-Trial: Appeals and Modifications
Even after a trial verdict and final decree, the divorce may not be finished. Either party has 30 days to file a motion for a new trial, and if denied, can appeal the decision to the appellate courts. Appeals can add another 12-18 months to the divorce timeline.
Realistic Timeline for Contested Dallas Divorce: 6 months to 2 years or more, depending on complexity and cooperation levels
Factors That Affect Your Dallas Divorce Timeline
Several key factors determine where on the timeline spectrum your particular divorce will fall:
- Cooperation Between Spouses
Nothing impacts divorce timeline more than whether you and your spouse can communicate and compromise. When both parties are reasonable, even cases involving significant assets or children can move relatively quickly. When one or both spouses dig in their heels or use the divorce process to punish the other, timelines extend dramatically. - Complexity of Assets and Debts
A divorce involving a house, two cars, and basic retirement accounts moves much faster than one involving:- Multiple properties or real estate holdings
- Business interests requiring valuation
- Stock options, restricted stock units, or complex compensation packages
- Retirement accounts requiring Qualified Domestic Relations Orders (QDROs)
- Hidden assets requiring forensic investigation
- Significant debts or bankruptcy concerns
Each additional asset category requires additional investigation, valuation, and negotiation.
- Child Custody and Support Disputes
When parents cannot agree on custody arrangements, the court may order a custody evaluation by a mental health professional. These evaluations typically take 60-90 days to complete and add considerable time and expense to the divorce process. Similarly, disputes over child support—particularly when one spouse is self-employed or has variable income—can require extensive financial discovery and possibly expert testimony. - Discovery Disputes and Court Backlogs
When one spouse refuses to comply with discovery requests or provides incomplete responses, the requesting party must file motions to compel, schedule hearings, and possibly seek sanctions. Each contested motion adds weeks or months to the timeline. Dallas County family courts handle thousands of cases simultaneously. While judges and court staff work diligently, court schedules can impact your timeline, particularly for hearings, mediations, and trial settings. - Attorney Responsiveness and Competence
Your attorney’s workload, organization, and dedication significantly impact how quickly your case progresses. An attorney who promptly responds to the other side’s discovery, meets deadlines, and efficiently manages your case keeps things moving forward. Conversely, an overwhelmed or disorganized attorney can cause unnecessary delays. - Whether Both Parties Are Represented
While it’s not required, divorces generally proceed more smoothly when both parties have legal representation. When one spouse is unrepresented, they often don’t understand court procedures, miss deadlines, or file improper documents, all of which can slow the process. - Special Circumstances
Certain situations can extend timelines considerably:- One spouse living out of state or country
- Military service complications
- Bankruptcy proceedings
- Criminal charges against one spouse
- Mental health or substance abuse issues requiring evaluation or treatment
- Allegations of family violence requiring protective orders
How to Speed Up Your Dallas Divorce
While you can’t eliminate the mandatory 60-day waiting period, you can take steps to move your divorce along as efficiently as possible:
Be Organized and Responsive
Gather financial documents, respond promptly to your attorney’s requests, and meet deadlines. The more prepared you are, the faster your attorney can work.
Consider Your Goals Carefully
Every dispute extends your timeline and increases your costs. Before digging in on a particular issue, ask yourself: Is this worth the additional time, stress, and attorney’s fees? Some battles are worth fighting; others are better resolved through compromise.
Communicate Effectively
If possible, maintain civil communication with your spouse about the divorce process. Even in contested cases, parties who can communicate about logistics and minor issues can avoid unnecessary court intervention.
Choose Mediation Over Trial
Mediation is almost always faster and less expensive than a trial. Approach mediation with realistic expectations and a genuine willingness to compromise where possible.
Hire the Right Attorney
An experienced Dallas divorce attorney who knows the local courts, judges, and procedures can navigate the system more efficiently than someone unfamiliar with Dallas County family law practice.
Special Situations: Military Divorce and Default Divorce
Military Divorce Timelines
If you or your spouse is in the military, additional protections and requirements under the Servicemembers Civil Relief Act (SCRA) can affect your timeline. Military members can request stays of proceedings during active duty, and special rules apply to the division of military pensions.
Military divorces involving service members stationed overseas or deploying during divorce proceedings often take longer due to service complications and difficulty obtaining signatures and testimony.
Default Divorce
If your spouse cannot be located or refuses to participate in the divorce process, you can seek a default divorce. This requires diligent efforts to locate and serve your spouse, and if unsuccessful, publication of notice in a newspaper.
Default divorces typically take 3-4 months minimum, including the 60-day waiting period plus additional time for service by publication and the default hearing.
What to Expect at Each Stage: A Detailed Breakdown
Understanding what happens at each stage can help you anticipate what’s coming and reduce anxiety about the unknown.
Stage 1: Initial Consultation and Retainer (Days 1-7)
During your initial consultation, we’ll discuss your marriage, your goals, and the likely path forward. If you decide to retain our firm, you’ll sign an attorney-client agreement and pay an initial retainer. This retainer funds the initial work on your case.
Stage 2: Petition Preparation and Filing (Weeks 1-2)
We’ll prepare your original petition for divorce along with other required documents. You’ll review these documents before we file them with the Dallas County District Clerk. Once filed, the 60-day waiting period clock begins.
Stage 3: Service on Your Spouse (Weeks 2-3)
Your spouse must be formally served with the divorce petition. We’ll coordinate service through a process server, or if your spouse is cooperative, they can sign a waiver of service to expedite the process.
Stage 4: Response and Counter-Petitions (Weeks 3-5)
Your spouse has until 10:00 a.m. on the Monday following 20 days after service to file an answer. If they’re represented by counsel, they may also file counter-petitions or discovery requests.
Stage 5: Temporary Orders (Months 1-2, if needed)
If temporary orders are necessary, we’ll prepare for a hearing before the judge. This hearing typically lasts 1-2 hours and involves testimony from both parties and possibly other witnesses.
Stage 6: Discovery and Investigation (Months 2-8)
Both sides exchange financial information, documents, and answer questions under oath. This is often the most time-consuming phase, particularly in complex cases.
Stage 7: Negotiation and Mediation (Months 4-10)
We’ll work to negotiate a settlement, either informally or through formal mediation. Most cases settle at this stage without proceeding to trial.
Stage 8: Final Decree Preparation (Weeks 10-16 for uncontested; Months 8-12+ for contested)
Once settlement is reached (or after trial), we’ll prepare a final decree of divorce incorporating all agreed-upon or court-ordered terms.
Stage 9: Final Hearing or Prove-Up (Varies)
For uncontested cases, you may need to appear briefly before the judge to finalize your divorce. For contested cases resolved at trial, the judge will issue a final decree based on trial testimony.
Stage 10: Post-Decree Implementation (Ongoing)
After the decree is signed, you’ll need to implement its terms: transfer property, establish child support payments, divide retirement accounts through QDROs, and complete other required actions.
The Emotional Timeline of Divorce
While the legal timeline is important, the emotional timeline of divorce often follows its own path. Many clients experience:
- Relief when the petition is finally filed and the process officially begins
- Anxiety during the discovery phase as financial details are revealed
- Frustration when negotiations stall, or the other spouse is uncooperative
- Hope that when a settlement appears possible
- Anticipation as the final decree approaches
- Mixed emotions when the divorce is finalized—relief combined with grief
Understanding that these emotional stages are normal can help you manage expectations and take care of yourself during the process.
Frequently Asked Questions About Dallas Divorce Timelines
Can I get divorced in less than 60 days in Texas?
No, except in extremely rare cases involving family violence where a judge waives the waiting period. For all practical purposes, 60 days is the absolute minimum.
Will hiring an attorney make my divorce take longer?
Generally, no. While legal representation adds some procedural steps, experienced attorneys typically move cases more efficiently than unrepresented parties who are unfamiliar with court procedures and requirements.
What’s the average divorce timeline in Dallas County?
The timeline for uncontested divorces in Dallas averages 3-4 months, while contested divorces average 10-14 months. High-conflict or complex cases can exceed two years.
Can I start dating during my divorce?
Legally, you can, but it’s generally unwise. Dating during divorce can negatively impact child custody determinations, increase conflict with your spouse, and complicate property division negotiations. Most family law attorneys strongly advise waiting until your divorce is final.
Does it matter which spouse files first?
Filing first provides some strategic advantages—you control the initial framing of issues and potentially the county where the divorce is filed—but it doesn’t significantly affect the overall timeline.
Can we speed things up by agreeing on everything before filing?
Absolutely. The more you and your spouse agree on before filing, the faster your divorce will proceed. Some couples work through major issues before either contacts an attorney, which can reduce both time and legal costs.
Working with an Experienced Dallas Divorce Attorney
The divorce process in Dallas County involves specific local rules, procedures, and practices that vary from those in other Texas counties. Working with an attorney who regularly practices in Dallas County family courts provides several advantages:
- Familiarity with local judges and their preferences, temperaments, and decision-making patterns
- Knowledge of local procedures specific to Dallas County courts
- Established relationships with court staff, mediators, and opposing counsel
- Understanding of typical timelines for different types of cases in Dallas County
- Experience with local resources like custody evaluators, appraisers, and forensic accountants
At the Law Office of Michael P. Granata, we’ve handled hundreds of divorces in Dallas County over more than 25 years. We understand what to expect at each stage and how to navigate the system efficiently while protecting your interests.
Conclusion: Plan for Patience, Hope for Efficiency
If you’re facing divorce in Dallas, understanding the realistic timeline can help you plan accordingly. While the minimum 60-day waiting period applies to all Texas divorces, the actual timeline depends on whether your divorce is contested or uncontested, the complexity of your assets and custody issues, and the level of cooperation between you and your spouse.
Uncontested divorces typically conclude within 2-4 months, while contested divorces average closer to a year or more. By staying organized, communicating effectively with your attorney, and approaching the process with realistic expectations, you can help your divorce proceed as efficiently as possible.
Remember that while divorce is temporary, the decisions you make during this process can affect you and your children for years to come. It’s worth taking the time necessary to reach fair, sustainable agreements rather than rushing through important decisions just to finish quickly.
If you’re considering divorce or have questions about the divorce process in Dallas, we invite you to schedule a consultation at our office. We’ll review your specific situation and provide a realistic timeline and strategy tailored to your needs.
The Law Office of Michael P. Granata provides experienced family law representation to clients throughout Dallas County, including Dallas, Irving, Richardson, Garland, and Mesquite. With over 25 years of experience handling divorce, child custody, and family law matters, attorney Michael Granata offers knowledgeable, compassionate guidance through every stage of the divorce process. Contact our office today to schedule a consultation.
