Marriage is never easy. If you’re wondering, “How can I get a quick divorce in Texas?”, you’re looking for the fastest and least painful way out. But there are 5 steps that will dramatically impact your divorce timeline. Texas law does provide options to speed up the process especially for an uncontested divorce. Court fee is a basic expense to file for divorce papers.
The legal system can feel like a speed bump, but knowing the specific steps and requirements will make a big difference in your timeline. Below we’ll break down how to get a fast divorce in Texas so you can move forward with clarity and confidence. Hiring a family law attorney can help you navigate the divorce process and avoid costly mistakes.
Step 1: Meet the Texas Residency Requirements
Before filing for divorce in Texas, you must meet the residency requirements in Texas Family Code Chapter 6:
One spouse must have lived in Texas for at least 6 months.
One spouse must have resided in the county where they plan to file for at least 90 days.
If neither you nor your spouse meet these conditions, you will have to wait before filing. These residency requirements cannot be skipped and are required for jurisdiction in Texas courts.
Step 2: Choose an Uncontested Divorce for a Faster Process
The fastest way to get divorced in Texas is through an uncontested divorce, where both parties agree on:
- Property division
- Child custody and child support (if applicable)
- Debt allocation and spousal support
By agreeing on these areas before filing, you eliminate the need for multiple court appearances and long legal battles. Uncontested divorces are simpler and faster because both parties agree on everything. Sit down with your spouse and work out any disagreements ahead of time. If you can’t agree, a collaborative divorce or mediation may be necessary which will extend your timeline.
Speed Up Your Divorce With Unified Agreements
By working out property and custody details early, you can streamline the entire divorce process, cut costs, and minimize court delays.
Understanding Uncontested Divorce in Texas
An uncontested divorce in Texas is a simpler process where both spouses agree on all terms. This includes property division, child custody, and spousal support. It is often less expensive and stressful than a contested divorce since it avoids long court battles.
To qualify, both spouses must meet Texas residency requirements. Likewise, they must agree on the reason for divorce, and settle all issues peacefully. Choosing an uncontested divorce can save time and court costs, making it a more efficient option for many couples.
Agreement on the Legal Reason for Divorce
In Texas, couples can file for divorce based on either “fault” or “no-fault” grounds. A no-fault divorce is the most common type where neither spouse accuses the other of wrongdoing. The most frequent no-fault ground in Texas is that the marriage has become “insupportable” due to conflict or clash of personalities making reconciliation unreasonable. A fault-based divorce involves one spouse claiming the other’s misconduct, such as adultery or cruelty, led to the marriage’s breakdown. Choosing a no-fault divorce can simplify the process and reduce the emotional toll on both parties.
Step 3: File the Divorce Petition & Submit the Necessary Forms
To start the process, you must file an Original Petition for Divorce with the district court in the county where you (or your spouse) meet the residency requirements.
Correctly filing the necessary legal forms is key to expedite the timeline for an uncontested divorce.
Stay Ahead by Filing Correctly
Proper paperwork from the start can prevent costly delays, letting you finalize your divorce on a faster track.
Which Divorce Forms Do You Need?
Texas has different divorce forms depending on your situation:
No Children, No Property: Use the Divorce Forms – No Children, No Property approved by the Texas Supreme Court.
No Children, With Property: Use Divorce Forms – No Children from TexasLawHelp.org.
With Minor Children: Use the Divorce Forms – Minor Children Involved.
With Existing Custody Orders: Use the Divorce Forms – Minor Children Involved with Existing Final Custody Order.
🔹 Check with your county court clerk for any local forms that may be required to avoid unnecessary delays.
Step 4: Waiver of Service & The 60-Day Waiting Period
Normally, when you file for divorce, your spouse must be officially served with the papers. However, if you both agree to waive service, you can avoid this step.
How to Waive Service for a Faster Divorce
Your spouse completes and signs a Waiver of Service form.
This confirms they received a copy of the documents, eliminating the need for formal service.
The waiver cannot be signed on the same day the petition is filed.
🔹 Bonus Tip: If both parties sign the Final Decree of Divorce at the same time, it eliminates additional steps and speeds up finalization.
Texas’ 60-Day Waiting Period
Even with the fastest uncontested divorce, Texas law requires a 60-day waiting period before finalization. The waiting period begins the day the divorce petition is filed.
Once 60 days have passed, you can ask the court to schedule a final hearing to complete the divorce.
A Real-Life Look at the 60-Day Wait
I once had a couple who wanted a quick divorce. They had already agreed on child custody, property division and support. But they were frustrated with the 60-day waiting period. During those 60 days, we focused on finishing paperwork and wrapping up loose ends. We also talked about finances and parenting until the divorce was final. This helped them see the waiting period as useful not just a delay.
By day 61 they had all the required forms ready. When we presented their case to the judge everything went smoothly. They were relieved to be done without any surprises. Looking back they appreciated having extra time to confirm their decisions. Although the waiting period feels long, using it wisely can make the process faster and less stressful in the end.
Turn the 60-Day Wait to Your Advantage
This mandatory downtime is perfect for finalizing paperwork, resolving loose ends, and preparing for a smoother final hearing— so your divorce can wrap up quickly once the wait is over.
Step 5: Finalize the Divorce in Court
Once the waiting period is over, the final step is court approval. Low income individuals may be able to waive court fees by filing an Affidavit of Inability to Pay Court Costs.
🔹 If Both Parties Agree: The judge will review the Final Decree of Divorce and issue the final order. 🔹 If Your Spouse Does Not Respond: You may pursue a default divorce but you must provide evidence to support your claims. Low income individuals can request a waiver for court fees by submitting an Affidavit of Inability to Pay Court Costs.
Default Divorce: What Happens When a Spouse Doesn’t Respond?
If your spouse ignores the divorce papers or refuses to sign the final decree, the court may issue a default judgment in your favor. However, this does not mean you automatically get everything requested in your petition.
To increase the chances of approval, ensure you have:
- Proper documentation
- Clear reasoning for your requests
- Evidence to support your claims
A default divorce can still be fast but having legal guidance will help avoid extra hurdles.
Temporary Orders for Short-Term Relief
Temporary orders can help you address immediate financial and custody needs while your divorce is pending. These court-issued orders are usually in effect until the Final Decree of Divorce is signed. If you’re unsure about your rights or responsibilities during the waiting period, consider requesting temporary orders to set clear guidelines and prevent disputes.
What Temporary Orders Cover:
Child Custody and Visitation: Establish a routine, who the children live with and how visitation is scheduled.
Child Support: Determine a fair amount so children’s daily expenses are covered during the waiting period.
Spousal Support: Ensure a lesser-earning spouse can maintain basic living costs if needed.
Property and Bill Management: Who stays in the marital home and who pays shared expenses like rent, mortgage or utilities.
How to Get Temporary Orders:
File a Motion: After filing your divorce petition, submit a motion or request for temporary orders.
Attend a Hearing: A judge will review your situation in a brief hearing and decide on the terms.
Follow Up: Both parties must comply with the orders until replaced by the final divorce decree.
By setting temporary orders early, you can secure your financial stability, ensure proper care for the children and reduce conflict during the divorce process.
How a Quick Divorce Changes When Children Are Involved
Although the minimum waiting period remains 60 days, divorces involving minor children may take longer if:
There is a dispute over child custody
Child support or visitation arrangements need to be established
The court determines the child’s best interests require additional hearings
If parents cannot agree, the court will consider multiple factors, including:
Stability of each parent
Past involvement in the child’s life
Parental fitness (mental and emotional health)
For the fastest resolution, try to reach agreements outside of court.
Child Support
In Texas child support is based on the non-custodial parent’s net income. The court considers the child’s needs and the non-custodial parent’s financial situation to determine a fair amount. Following the state’s guidelines ensures the child support arrangement is fair and shortcuts court approval. The court can adjust child support if there’s a significant change in income or circumstances. Parents can also agree on a parenting plan that outlines custody and visitation details. The court will consider the child’s age, health and overall needs when making custody decisions, so the child’s best interests are first.
Property Division & Retirement Accounts
Texas is a community property state, meaning all assets and debts acquired during the marriage are assumed to be community property.
🔹 Types of Property in Texas Divorce:
Community Property: Assets acquired during the marriage.
Separate Property: Assets owned before marriage or received as a gift/inheritance.
🔹 Splitting Retirement Accounts:
If dividing a 401(k) or pension, you’ll need a Qualified Domestic Relations Order (QDRO)—a specialized court order prepared by financial professionals to ensure correct division.
To avoid delays, get these financial matters out of the way first.
Community vs. Separate Property
Texas is a community property state. It means most assets and debts acquired during the marriage are split equally between spouses. Community property includes everything gained during the marriage, except for gifts, inheritances, and property owned beforehand.
Separate property is not divided and includes assets acquired before marriage, as well as gifts and inheritances. When dividing property, the court evaluates each asset and debt. It may adjust the division based on the case’s details. Understanding community and separate property is key to a fair and smooth division process.
How to Keep Divorce Costs Down
Divorce expenses can quickly add up, but there are ways to minimize costs:
Choose an uncontested divorce to avoid prolonged legal battles.
Use online resources like TexasLawHelp.org for free guidance.
Consider mediation instead of hiring expensive attorneys.
Low income individuals can file an Affidavit of Inability to Pay Court Costs to waive court fees. If financial hardship is a concern, legal aid services may help reduce legal costs. Individuals with financial difficulties can file an Affidavit of Inability to Pay Court Costs to waive court fees.
Key Differences in Texas Divorce Options
| Divorce Type | Description | Speed | Cost |
|---|---|---|---|
| Uncontested Divorce | Both parties agree on all terms. | Fastest | Lowest |
| Default Divorce | One spouse does not respond. | Moderate | Moderate |
| Collaborative Divorce | Attorneys negotiate a settlement before court involvement. | Moderate to Slow | Moderate to High |
If you and your spouse cannot fully agree, a collaborative divorce may be a middle-ground option that avoids courtroom battles.
Benefits of Mediation
Mediation is a process where a neutral third party helps couples reach an agreement on the terms of their divorce. It’s less expensive and less stressful than court battles, allows couples to communicate more effectively and control the divorce process. A mediator helps negotiate a settlement, provides guidance and support throughout. Mediation is good for couples who want to avoid the uncertainty of a court decision and prefer a collaborative approach to resolving their differences. By choosing mediation you can speed up the divorce process and reduce overall court costs, making it a practical option for many divorcing couples.
FAQs Regarding: Timing and Speed
Can you get an immediate divorce in Texas, and how fast can it be finalized?
What is the quickest and cheapest way to get a divorce in Texas, and how can I speed up the process?
Can the 60-day waiting period be waived in Texas for a quicker divorce?
FAQs Regarding: Court Requirements
Do I have to appear in person for an uncontested divorce final hearing?
Is mediation mandatory for an uncontested divorce in Texas?
FAQs Regarding: Special Situations
What if my spouse is out of state or cannot be located? Can the divorce still proceed quickly?
Conclusion: How Can I Get a Quick Divorce in Texas?
If you want a quick and easy divorce in Texas, the key is proper planning and following all legal steps by:
Meeting residency requirements
Filing the right paperwork
Using waivers of service
Waiting the 60 days
Finalizing agreements before court
You’ll minimize delays and costs and have a smooth divorce process. If complications arise, an experienced Texas attorney can help protect your interests and guide you through every step. Our legal team is ready to answer your questions and provide the support you need. Call (888) 584-9614 or contact us online to get started today.
