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Divorce Waiting Period in Texas

In Texas, a court cannot grant a divorce until the 60th day after the suit was filed, except in some family violence cases, and insupportability needs no separation period.

Last checked . General information, not legal advice.

Texas at a glance

Waiting period
60 days after filing
No wait if the respondent was convicted of, or got deferred adjudication for, family violence against the petitioner, or the petitioner has an active protective order.
Separation required
No
Insupportability is a no-fault ground; living apart 3 years is a separate ground.

Sources

Last checked

The rules in Texas

How long is the waiting period before a divorce can be finalized in Texas?

Waiting period in Texas: 60 days after filing. No wait if the respondent was convicted of, or got deferred adjudication for, family violence against the petitioner, or the petitioner has an active protective order.

Do spouses have to live apart before a no-fault divorce in Texas?

Separation required in Texas: No. Insupportability is a no-fault ground; living apart 3 years is a separate ground.

Where do the Texas divorce waiting periods come from?

The rules above come from Tex. Fam. Code 6.702, Tex. Fam. Code 6.001 and Tex. Fam. Code 6.006. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.