When people ask how long a divorce takes in Texas, or how much it costs, the honest answer is: it depends entirely on whether the divorce is contested. An uncontested divorce where both parties agree on everything can be final in as little as 61 days. A fully contested divorce with property disputes and custody fights can take two years or more. Here's how to understand which you're dealing with and what to expect from each path.
What Makes a Divorce "Contested"
A Texas divorce is contested when the spouses cannot agree on one or more of the following:
- Division of marital property (which property is community property, how it's divided)
- Division of debts
- Conservatorship of children (legal decision-making authority)
- Possession and access schedule (physical custody)
- Child support
- Spousal maintenance
- Whether the divorce should be granted at all (rare, but possible)
You don't need to agree on everything to be "uncontested." You just need to agree on everything that will be in your final decree. Some divorces start contested and become uncontested through negotiation or mediation before the final hearing.
The Uncontested Divorce: What to Expect
Timeline: Minimum 61 days (Texas requires a 60-day waiting period after filing). Most uncontested divorces complete in 60 to 120 days.
Process: One spouse (the petitioner) files the Original Petition for Divorce. Both spouses sign a written agreement (an Agreed Final Decree) setting out all the terms. The petitioner (or both parties) appear at a brief final hearing where the judge approves the decree. In simple cases, the hearing takes less than 10 minutes.
Cost: Filing fees run approximately $300-400 in Travis County. Attorney fees for an uncontested divorce are typically $500-$2,500, depending on complexity. Some couples use an attorney only for document preparation. Online services exist for very simple divorces with no children and minimal property — these carry risk if the forms are completed incorrectly.
Who is it right for: Couples who have genuinely agreed on all issues. If there's any unresolved dispute, don't assume it will resolve itself — it typically doesn't.
The Contested Divorce: What to Expect
Timeline: Typically 12 months to 2+ years, depending on complexity and court scheduling. Travis County family courts have busy dockets. Cases involving business valuation, significant assets, or custody disputes take longer.
Process: After filing, the court may issue temporary orders at an early hearing that set the initial terms while the case is pending — who stays in the house, who pays what bills, initial custody schedule. These temporary order hearings are often the most contested events in a divorce.
Discovery follows — each party can request financial records, business documents, communications, and other evidence through formal legal process. Mediation is typically required in Travis County before a contested case goes to trial. Most contested divorces settle at or before mediation.
If mediation fails, the case goes to trial before a judge (family law jury trials are rare). The judge hears testimony, reviews exhibits, and issues rulings on each contested issue.
Cost: Attorney fees in contested divorces vary enormously. A simple contested case might run $5,000-$15,000 total. Cases involving business valuation, real estate disputes, or custody battles can run $30,000-$100,000 or more. Each contested hearing, each round of discovery, and each expert witness adds cost.
Who is it right for: Couples who cannot reach agreement on one or more significant issues. If there are children, significant assets, a business, or a high disparity in income, expect more complexity regardless of whether the parties intend to cooperate.
Mediation: The Middle Path
Travis County courts strongly encourage and often require mediation before contested cases go to trial. A mediator — typically an experienced family law attorney — helps the parties work through their disagreements in a structured setting. Both parties remain in separate rooms; the mediator shuttles between them.
The majority of contested Texas divorces settle at mediation. A mediated settlement agreement is binding and can be incorporated into the final decree. If both parties reach agreement at mediation, the case proceeds to a final uncontested hearing.
Mediation is not free — mediators in Travis County typically charge $200-$400 per hour, split between the parties. A full-day mediation can cost each party $600-$1,500 in mediator fees plus their own attorney fees for the day. But those costs are far less than going to trial.
Do I Need an Attorney for Either Type?
For contested divorces involving children, significant property, or business interests: yes, essentially always. The cost of not having an attorney is typically much higher than the cost of having one, measured in what you give up.
For uncontested divorces with no children and minimal property: some people navigate them without an attorney using court self-help resources. The risk is in form errors or agreements that don't hold up later. Even in simple cases, having an attorney review the final decree before signing is worth the investment.
Learn more about divorce in Austin or connect with an Austin family law attorney.
Disclaimer: This article provides general legal information for educational purposes only. It does not constitute legal advice. Family law is highly fact-specific. Consult a licensed Texas family law attorney for advice about your specific situation.