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Specialty tag(s): Contested Divorce

How Long Does a Contested Divorce Take and Why

Ryan R. Bauerle | March 25, 2026

Most contested divorces in Texas take six months to a year and a half to resolve. When custody disputes, business valuations, or an uncooperative spouse are involved, the process can extend to two years or longer. While the average contested case often falls in the six-to-eight-month range, every situation unfolds differently depending on the level of complexity and conflict involved. For many people, this period can feel uncertain, but understanding what shapes the timeline can help you approach it with greater clarity.

Texas law requires a 60-day waiting period before a divorce can be finalized under Texas Family Code §6.702. That period is simply the starting point, with each procedural stage of the case layered on top of it.

Texas also does not require spouses to live separately before filing for divorce. That’s a meaningful distinction from states like North Carolina, where couples must live apart for 12 months before they can even file. Many of the contested divorce timelines circulating online come from states with fundamentally different starting points, which can make Texas estimates seem longer than they actually are

This article walks through the process phase by phase, outlining realistic time ranges, the three factors that most often extend a case, and the off-ramps that can help move matters forward more efficiently.

A Contested Divorce in Texas, Phase by Phase

Every contested divorce in Texas follows the same procedural phases, but the time each stage takes can vary widely depending on the complexity of the case and how willing both parties are to cooperate.

Filing and Service (Weeks 1-4)

One spouse files a petition, and the other has 20 days after service to file an answer under the Texas Rules of Civil Procedure. If a spouse avoids service, Texas courts can authorize substituted service under Rule 106, which in certain circumstances may include service by social media or email. Situations where service becomes difficult or contested can add weeks before the case officially begins moving forward.

Temporary Orders Hearing (Often Within a Few Weeks of Filing)

This hearing addresses immediate practical concerns – housing, bills, children, and temporary support – while the divorce proceeds. Many people underestimate how significant these early decisions can be. Texas courts are often reluctant to disrupt custody arrangements that appear stable and workable, which means the temporary hearing frequently deserves preparation that is nearly as careful as preparation for trial.

As explained in our outline of the full seven-step process of contested divorce, temporary orders often establish the day-to-day arrangements that may influence the final decree.

Discovery (Typically 3-12 Months)

Discovery is usually the most variable phase of the process. It involves the formal exchange of financial records, interrogatories, depositions, and expert evaluations under the Texas Rules of Civil Procedure. In straightforward cases with cooperative spouses, discovery may conclude in about three months. More complex situations – such as those involving business valuations, forensic accounting, or custody evaluations – can extend this stage to a year or longer.

In more cooperative situations, formal discovery can sometimes be avoided through voluntary disclosure. As GBA Family Law attorney Kelly Ausley-Flores explains, when both spouses openly exchange financial information without formal requests, the timeline can move forward much more efficiently. 

Is Discovery Necessary in a Divorce?

Court-Ordered Mediation

Some Texas counties require mediation before a case can proceed to trial. When mediation succeeds, couples may resolve the entire dispute in a single day. Even when it resolves only part of the case, mediation can narrow the issues that remain and reduce the time and stress involved in moving toward trial. Counties without mandatory mediation still strongly encourage it before court resources are used for a full trial.

Pre-Trial Prep and Trial Scheduling

Once mediation concludes, allow several months for final preparation, followed by the possibility of additional waiting time for a court date. The county where the case is filed can make a difference. Larger counties such as Dallas County, Harris County, and Tarrant County often have heavier court dockets, which can mean longer waits than in smaller Texas counties where schedules tend to move more quickly.

Final Decree

The final decree is usually issued within a few weeks of the judge’s ruling, followed by a 30-day appeal window during which either party can challenge the decision. If no appeal is filed during that period, the divorce becomes final.

For a full procedural walkthrough, see our step-by-step divorce guide by GBA Family Law attorney Ally Caskey.

How Contested And Uncontested Divorces Differ in Texas

The difference between contested and uncontested timelines can be striking. When both spouses agree on all terms, an uncontested divorce may take as little as 60 days – the statutory minimum in Texas – often requiring just one hearing and straightforward filings. A contested case is different. Temporary orders, discovery, mediation, and potentially a trial can extend the process to many months or, in some situations, well over a year.

The financial difference can be just as significant. Our published data places the average Texas divorce at roughly $23,500 when children are involved and $15,600 without. When cases become contested – bringing in expert witnesses, multiple hearings, and trial preparation – costs can climb well beyond those averages. Retainers for contested cases can exceed $20,000 before the process even fully begins.

It’s also important to remember that most divorces never reach trial. Many cases that begin as contested gradually become uncontested as spouses reach agreements through negotiation or mediation. At any stage, a case can shift once both parties resolve the outstanding issues – property division, child custody, support, and debt allocation.

One concern many people quietly carry is whether a spouse can simply refuse to cooperate and prevent the divorce from happening. Texas law doesn’t allow that. The state recognizes no-fault divorce under the ground of insupportability in Texas Family Code §6.001. One spouse cannot force the other to remain in the marriage by declining to participate in divorce proceedings.

If a spouse fails to respond within the required 20-day window, the filing spouse may request a default judgment. The divorce does not stop because one person disengages. It simply means the non-responding spouse gives up their opportunity to influence how matters like property division and support are decided. The case continues forward regardless of cooperation.

The Three Factors That Add The Most Time to A Texas Divorce

Three factors consistently extend contested divorce timelines. Understanding them can help you see where your case may fall, and why delays sometimes occur even when you’re ready to move forward.

Custody Disputes

Custody cases often require careful evaluation, and that process takes time. Court-ordered psychological evaluations in Texas can take several months to complete. Guardian ad litem appointments add another layer of scheduling complexity – these court-appointed advocates investigate the child’s circumstances before making custody recommendations.

Texas courts focus on the child’s best interests under Texas Family Code §153.002 and are cautious about disrupting custody arrangements that appear stable. This can create a difficult dynamic: when one parent has favorable temporary custody, there may be an incentive to slow the process. The longer a temporary arrangement remains in place, the harder it may be to change later. Courts view stability as beneficial for children, which can make temporary arrangements more firmly established over time.

Business Ownership and Complex Assets

When businesses or high-value assets are involved, the timeline often expands simply because the financial picture must be understood carefully. A certified business valuator typically needs 60–90 days to complete an analysis. The other side may hire a rebuttal expert, and both may testify in depositions – steps that can add six months or more to discovery. When it comes to business valuation in the context of divorce, there are three primary approaches used in Texas: net asset, market, and income methods.

Texas community property rules presume that assets acquired during marriage belong to the marital estate and must be divided in a “just and right” manner under Texas Family Code Chapter 3. Separate property – such as premarital assets, gifts, or inheritances – is generally excluded, but discovery is how courts confirm what qualifies. That verification process is one reason discovery tends to take longer in higher-asset cases.

Similar timing pressures arise with forensic accounting for hidden assets, QDROs for retirement accounts, and real estate appraisals. Each additional expert layer doesn’t simply add time; it multiplies it. Findings often trigger responses, depositions, and further review, extending the overall timeline.

Deliberate Stalling

Sometimes delays stem not from complexity but from strategy. GBA Family Law attorney Jack Wall identifies common tactics: repeatedly changing lawyers, rescheduling meetings, avoiding service of court papers, refusing to sign documents, filing unnecessary motions, or making false accusations. Even without these tactics, Texas law already requires a mandatory 60-day waiting period, and complex cases naturally move slowly.

One effective response is requesting a firm trial date. Texas courts require at least 45 days’ notice, but setting that date often pushes both sides to prepare seriously and can prompt genuine settlement discussions. When the possibility of trial becomes real, delayed cooperation often follows.

Other recommended options include asking the court for a scheduling order that sets discovery deadlines, proposing mediation to create a clear negotiation timeline, or sending early settlement offers that demonstrate good faith and document your willingness to resolve matters constructively.

How To Move A Contested Divorce Forward And Find The Right Resolution Path

Contested divorces do not always end in a courtroom. Several structured paths can move the process forward more efficiently while still giving you meaningful control over decisions that might otherwise be left to a judge.

Mediation

In mediation, a neutral third party guides negotiations, often over one or two focused sessions that can last up to 10–12 hours. Texas courts frequently require mediation before a trial date is set, so for many families it becomes a natural step in the process rather than an optional detour.

Even partial progress can make a meaningful difference. Resolving some issues while leaving others for trial can shorten timelines by months and reduce the scope of trial preparation. A full-day trial is far more costly than a shorter hearing addressing only the matters that truly remain in dispute. 

Collaborative Divorce

In Collaborative Divorce, both spouses retain specially trained attorneys and commit to resolving the case outside the courtroom. Many cases resolve within four to six joint meetings, typically lasting about two hours each. Both parties work with a shared neutral expert rather than hiring competing experts, which can reduce costs while streamlining evaluations.

There is an important condition: both spouses must willingly choose this path. Under the collaborative law framework in Texas, both attorneys are required to withdraw if the process breaks down, and each party must retain new counsel to continue through litigation. This safeguard encourages sincere participation, but it also means cooperation is essential. 

Partial Settlement Agreements

Texas courts encourage families to resolve as many issues as possible through negotiation, leaving only truly disputed matters for trial. Settling custody while litigating property issues, for example, can reduce a multi-day trial to only a few hours. Each resolved issue removes preparation time, expert testimony, and courtroom deliberation from the schedule.

The Value of Experienced Counsel

Experienced counsel brings more than efficiency. The real value lies in understanding what truly requires litigation, when compromise protects your time and resources, and which resolution path fits your circumstances. Not every case benefits from collaborative divorce, and not every contested issue justifies the cost of expert testimony.

GBA has 31 board-certified family law specialists across seven Texas offices and the largest collaborative divorce team in the country, with 22 attorneys recognized in The Best Lawyers in America 2026 for Collaborative Law. This depth allows cases to be matched with attorneys who understand the specific complexity and resolution needs involved.

Planning Your Next Steps With A Texas Family Law Attorney

Every divorce timeline is shaped by factors like custody disputes, asset complexity, cooperation between spouses, and the scheduling realities of the Texas county where the case is filed. A consultation is where general expectations turn into a clear plan based on your specific situation rather than broad estimates.

GBA’s 31 board-certified family law specialists understand the Texas courts, the judges, and the county-by-county timelines that influence how cases move forward. Schedule a consultation to gain a clear sense of your timeline and the path that best supports your situation.

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