“How long will this take?” is one of the first questions people ask when they call our office. The honest answer is that it depends on how much you and your spouse agree, but Texas law does set a minimum, and most cases follow a recognizable sequence. Here is a realistic look at the divorce timeline for families in New Braunfels, Comal County and the surrounding area, and how a divorce attorney can help keep things moving.
The Legal Minimum: 60 Days
Texas Family Code § 6.702 generally says a court may not grant a divorce before the 60th day after the petition was filed. In practice, the decree is signed on day 61 or later.
A few things to know about this rule:
- The clock starts on the filing date, not the date you separated or decided to divorce.
- Weekends and holidays count toward the 60 days.
- The waiting period can be waived only in specific family violence situations, such as when the other spouse has been convicted of or received deferred adjudication for family violence against the filing spouse or a household member, or when an active protective order exists due to family violence.
- The 60 days is a floor. Nothing makes a divorce automatically final when it ends.
Typical Timelines at a Glance
| Type of case | Typical range |
|---|---|
| Agreed divorce, no children, simple property | About 2–3 months |
| Agreed divorce with children or a house | About 2–4 months |
| Default divorce (spouse served, no answer) | About 2–4 months |
| Contested divorce that settles at mediation | About 4–9 months |
| Contested divorce that goes to trial | About 9–18 months or more |
These ranges are general estimates, not promises. Court calendars, holidays and the parties’ choices all shift the timing.
Stage-by-Stage Divorce Timeline in Comal County
Before filing (days to months)
Many people spend weeks or months gathering records, talking with a lawyer and deciding how to proceed. This stage is under your control, and good preparation here shortens everything else. Our before you file guide can help.
Filing and service (first 1–4 weeks)
The petition is filed with the district clerk. Your spouse is then served or signs a waiver. A cooperative waiver can be signed within days. Formal service may take a week or two, longer if your spouse is hard to find.
The answer period (about 3 weeks after service)
A served spouse generally has until 10:00 a.m. on the Monday after 20 days from service to file an answer. If no answer is filed, the case may move toward default once the 60 days pass.
Temporary orders (weeks 2–8, if needed)
If you need orders about the children, the house or bills, a temporary orders hearing is usually set within a few weeks of filing, depending on the court’s schedule. Many families settle temporary orders by agreement. Learn more on our temporary orders page.
Discovery (months 2–6 in contested cases)
Contested cases typically involve exchanging documents and inventories. Responses to written discovery are generally due about 30 days after service of the requests. Depositions, subpoenas and experts can add time.
Mediation (often months 3–8)
Many courts require mediation before a contested case can go to trial. Mediation is usually scheduled after enough information has been exchanged for both sides to negotiate. A full-day mediation resolves many cases. See our page on divorce mediation.
Trial (if needed)
If the case does not settle, it is set for trial. Trial dates depend on the court’s docket and the length of trial needed. A one-day bench trial is easier to schedule than a multi-day jury trial.
Final decree and follow-up (weeks after agreement or trial)
After settlement or trial, someone has to draft the final decree and any QDROs. Then the decree is signed. Follow-up tasks such as deeds, title transfers and retirement transfers can take additional weeks or months.
What Slows a Divorce Down
- Disagreement over children. Custody disputes often take the longest, especially if a custody evaluation is ordered.
- Complex property. A business, multiple real estate holdings or separate property claims require valuation and tracing.
- Incomplete disclosure. When one side withholds documents, motions to compel add time.
- A spouse who cannot be found. Alternative service or publication takes extra steps.
- Pregnancy. Courts generally will not finalize a divorce until the baby is born. See divorce while pregnant.
- Military deployment. The Servicemembers Civil Relief Act can pause proceedings.
- Changing your mind. Reopening issues that seemed settled restarts negotiations.
What Speeds a Divorce Up
- Agreeing on as many issues as possible early
- Signing a waiver of service promptly
- Providing complete financial records at the start
- Using guideline child support and the standard possession schedule as starting points
- Being open to mediation
- Responding quickly to your lawyer’s requests
For couples who agree on everything, an uncontested divorce is usually the fastest route.
When Is the Divorce Actually Final?
A divorce is final when the judge signs the decree, not when the hearing ends or when you receive a copy in the mail. That date matters for several reasons:
- You cannot legally remarry until the decree is signed, and Texas generally bars remarrying anyone other than your former spouse for 30 days after the divorce unless the court waives that period.
- Deadlines to ask for a new trial or appeal run from the date the decree is signed.
- Health insurance, tax filing status and beneficiary changes often turn on the date of divorce.
Ask for a certified copy of the signed decree from the district clerk once it is entered.
Life in the Meantime: Planning Around the Timeline in New Braunfels
A divorce that takes months still requires day-to-day decisions. Many local families juggle I-35 commutes to San Antonio or Austin, school schedules and a single household budget stretched across two homes. Temporary orders or a written temporary agreement can give structure while the case is pending. Keep paying joint bills, keep the children’s routines steady, and avoid major financial changes until the decree is signed.
Talk With a New Braunfels Divorce Attorney
We can give you a realistic timeline based on your specific facts and the court where your case will be filed, whether that is in Comal County or a neighboring county. New Braunfels Family Law offers a free consultation by phone, video or in person, in English or Spanish. Call (830) 302-4071.
Frequently Asked Questions
What is the fastest a divorce can be finalized in Texas?
In most cases, the judge cannot grant a divorce until at least 60 days after the petition is filed, so the 61st day is the practical minimum. Courts can waive the waiting period only in limited family violence situations defined by statute.
Does the 60-day period start when I separate?
No. The clock starts when the petition is filed with the district clerk. Time spent living apart before filing does not count toward the waiting period.
Can my spouse drag out the divorce forever?
No. A spouse can slow a case down by refusing to cooperate, but the court controls the schedule and can set deadlines, compel discovery and set the case for trial. A spouse who ignores the case entirely may face a default divorce.
Is there a deadline to finish a divorce after filing?
Courts manage their dockets and may dismiss cases that sit inactive for too long. If your case stalls, the court may send a notice of intent to dismiss for want of prosecution. Staying in touch with the court and moving the case forward avoids that.
Does mediation make the divorce faster?
Often it does. Settling at mediation avoids the wait for a trial date and the time spent preparing for trial. Even if mediation does not resolve everything, it usually narrows the issues left for the judge.
Last reviewed November 13, 2026. General information only, not legal advice.