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How Long Does a Divorce Take in Texas? A Realistic Timeline for San Antonio

Post by GBarton

Jul 30 — 2023

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How Long Does a Divorce Take in Texas? A Realistic Timeline for San Antonio.

The most honest answer to this question is that it depends — but in a way that is actually useful rather than evasive. The specific factors that determine how long your divorce will take in Bexar County are identifiable, and understanding them from the outset allows you to make better decisions throughout the process about where to spend your energy, where to compromise, and where to fight.

What Texas Law Requires as a Minimum

Texas Family Code Section 6.702 establishes a mandatory 60-day waiting period between the date a divorce petition is filed and the date a judge can sign the final divorce decree. This is an absolute minimum — no Texas divorce can be finalized before the 60-day waiting period has elapsed, regardless of how quickly both parties reach agreement on every issue.

There is one narrow exception: a court may waive the waiting period if the petitioning spouse has been a victim of family violence committed by the other spouse, or if the other spouse has been convicted of or placed on deferred adjudication for family violence against the petitioning spouse or a child of either spouse. Outside of this exception, 60 days is the floor.

The 60-Day Floor Is Not the Realistic Timeline for Most Divorces

An uncontested divorce — where both spouses have already agreed on every issue including property division, debt allocation, child custody, possession, child support, and spousal maintenance — can sometimes be finalized shortly after the 60-day waiting period expires. Even then, the timeline depends on how quickly the final decree and associated documents can be drafted, reviewed, and signed by both parties, and how available the assigned judge is to review and sign the decree. In Bexar County, uncontested divorces where all paperwork is properly prepared and submitted can be finalized in 60 to 90 days from filing.

A contested divorce — where the parties disagree on any significant issue — follows a fundamentally different timeline. The realistic range for a contested divorce in Bexar County family court is six to eighteen months from the date of filing to the date the final decree is signed. Complex cases involving significant assets, business valuation, disputed conservatorship, or a party who is actively obstructing the process can take two years or more.

What Actually Drives the Timeline in a Bexar County Divorce

Understanding what makes some divorces resolve in six months and others take two years requires understanding the procedural stages of a contested Texas divorce and where time is consumed at each stage.

  • Temporary orders. In most contested divorces, particularly those involving children or disputes about who stays in the marital home, the first major event after filing is a temporary orders hearing. This hearing establishes the status quo for the duration of the case — who has primary possession of the children, who stays in the house, what temporary support is owed, and what restrictions apply to marital assets. The time between filing and the temporary orders hearing is typically two to six weeks in Bexar County, depending on the court’s docket. The outcome of the temporary orders hearing significantly influences how the parties approach the rest of the case.
  • Discovery. After temporary orders are in place, both parties have the right to conduct formal discovery — requesting financial documents, answering written interrogatories, taking depositions, and subpoenaing third-party records. Discovery is where the financial picture of the marriage is fully developed. In a straightforward case with limited assets, discovery may be minimal and complete within a few weeks. In a case involving a business, a complex investment portfolio, retirement accounts requiring forensic analysis, or a party who is concealing assets, discovery can take three to six months or longer — particularly if one party resists producing documents and the other must file motions to compel compliance.
  • Mediation. Most Bexar County family courts require mediation before setting a final trial date. The time it takes to get to mediation depends on how quickly discovery concludes and how quickly both parties are ready to negotiate. A case with straightforward finances and cooperative parties can reach mediation in three to four months. A case with complex assets or high conflict may not be ready for productive mediation until six to nine months into the litigation. If mediation produces a complete agreement, the case can be finalized relatively quickly after the mediation session — typically within 30 to 60 days of the signed Mediated Settlement Agreement. If mediation ends in impasse, the case proceeds to trial.
  • Trial and the court’s docket. Bexar County’s family district courts handle a high volume of cases, and trial settings are not available immediately after a failed mediation. The wait for a trial date in Bexar County can be two to four months after a case is certified as trial-ready. The trial itself in a contested divorce typically lasts one to three days for most cases, though complex cases can take longer. After trial, the judge issues a ruling, and the attorneys then draft the final decree consistent with the ruling — a process that can take additional weeks when the parties disagree about the language of specific provisions.

What You Can Do to Move the Process Faster

The single most effective way to shorten the timeline of a contested divorce is to be fully prepared before filing. This means having all financial documentation organized before the first hearing, retaining an attorney who files the petition, pursues discovery aggressively, and does not allow the other side to use procedural delay as a strategy. A respondent spouse who receives discovery requests and does not respond within the required time can be compelled by court order — but obtaining that order takes time, and each delay compounds.

The other meaningful way to shorten the timeline is to identify early which issues are genuinely worth fighting over and which are not. A divorce in which both parties are litigating every possible issue — from the furniture to the retirement accounts to every holiday on the possession calendar — will take significantly longer and cost significantly more than one in which each party focuses their energy on the issues that matter most to them and concedes the rest. That triage is a strategic decision that an experienced Bexar County family law attorney helps make from the first consultation — not after months of litigation have already been expended.

The 60-day minimum applies to every Texas divorce. Everything after that is determined by the complexity of the issues, the cooperation of the parties, and the quality of the preparation and advocacy on each side. If you are considering or facing a divorce in San Antonio or Bexar County, call Barton & Associates at 210-500-0000. We will give you an honest assessment of the realistic timeline for your specific situation in the first conversation. Consultations are free, confidential, and available 24 hours a day.

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