Texas Divorce Timelines: The 60-Day Rule, Residency, and What Speeds Things Up

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Texas has a 60-day cooling-off period. Many cases still run longer. Let’s break down what’s mandatory and what’s avoidable. At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we often meet clients who come in hoping to “get it over with fast.” The truth is, a divorce in Sugar Land moves at two speeds—what the law requires, and what the people involved make of it. 

 

The 60-day rule: exceptions and misconceptions

The 60-day waiting period is still the baseline in Texas divorces. The clock starts the day the petition is filed. That doesn’t mean you’ll be divorced on day 61, though—it just means the court can finalize your case after that point. 

There are limited exceptions. If there’s evidence of family violence, a judge can waive the cooling-off period. Outside of that, most divorces wait the full two months, and many stretch longer because property division, parenting plans, or temporary orders take time. One misconception we hear a lot in Fort Bend County is that the 60 days is a “deadline.” It’s not. Think of it as the earliest possible finish line, not a guarantee. 

 

Residency and venue: can you file in Fort Bend?

Texas law requires at least six months of residency in the state and 90 days in the county where you file. So if you’ve been living in Sugar Land for three months after a move from out of state, you’re good to go. But if you just relocated from Harris County last month, you’ll need to wait a bit longer before filing in Fort Bend. 

Judges do check this, and residency mistakes can slow things down. At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we’ve seen petitions dismissed simply because the paperwork didn’t match up with driver’s license addresses or utility bills. 

 

Temporary orders: preserving status quo without a fight

Most divorces don’t sit idle during the waiting period. Courts often issue temporary orders to cover who stays in the house, who pays which bills, and how parenting schedules work in the meantime. These orders keep things from spiraling into chaos. 

Sometimes both sides agree, and sometimes a short hearing at the Fort Bend County Justice Center decides the issue. Either way, the idea is to preserve stability without locking in final outcomes too soon. 

 

Mediation playbook vs trial prep

In Fort Bend County, judges almost always expect couples to try mediation before setting a trial. Mediation is faster, cheaper, and less stressful than waiting for a trial date. We’ve seen divorces wrap up in mediation in just a day or two of focused negotiation. 

Still, not every case settles. Complex property division or contested custody can push you toward trial prep, which adds months. Knowing early which way your case is leaning can help you set realistic expectations about the timeline. 

 

Property division in community-property Texas

Texas is a community property state, which means anything earned or acquired during the marriage generally belongs to both spouses. The court divides it in a “just and right” manner, which doesn’t always mean a perfect 50/50 split. 

Separate property—like a house bought before marriage or an inheritance—stays with the original owner, but proving that can take time. In Sugar Land neighborhoods like Riverstone or Telfair, where couples often buy homes together but bring in separate savings, these issues surface a lot. Bank records, deeds, and even old emails can end up as key evidence. 

 

The local angle: Sugar Land realities

Beyond the statutes, there are quirks to filing locally. The Fort Bend County Justice Center is where your hearings will be, and parking fills quickly during morning dockets. For families in Sugar Land, timelines are often tied to school calendars too—judges know parents don’t want custody trials during STAAR testing weeks. 

And here’s a small but real factor: traffic. Anyone who’s tried to drive from Riverstone to Richmond at 8:00 a.m. knows that scheduling matters. These local details can add stress if you don’t plan for them. 

 

Building Your Game Plan

A Texas divorce isn’t a sprint, but it doesn’t have to drag forever either. Some timelines are set in stone—the 60-day rule, residency requirements—but others depend on preparation, paperwork, and strategy. At The Gulley Law Firm, LLC (www.gulleylawgroup.com), we offer a strategy session focused on timelines and filings for your county. Knowing where you stand early on can save you months of frustration later.