Ever feel like a simple argument over who gets the dog somehow turns into a full-blown courtroom saga? You’re not alone. If you’ve found yourself tangled in the emotional, legal, and logistical maze of divorce, you may be wondering why contested divorces take longer in Texas—and more importantly, how that extra time can affect your kids, your sanity, and even your child’s report card.

The short answer? When spouses can’t agree on things like child custody, property division, or spousal support, the court has to step in—and that means delays, legal wrangling, and a whole lot of paperwork. But there’s a lot more to it than just missed court dates and stubborn disagreements. From school disruptions to emotional stress that shows up in the classroom, contested divorces have a unique way of spilling over into every part of a family’s life.

In this post, we’ll break it all down—what causes delays, how Texas courts handle custody and academics, and most importantly, how you can protect your child’s emotional and academic well-being throughout the process. Whether you’re just starting the divorce journey or deep in the thick of it, this guide is packed with practical tips, legal insight, and real-life stories that make the legal jargon actually make sense.

At The Law Office of Bryan Fagan, PLLC, our mission is to educate families and protect their futures—and that starts with giving you the tools and knowledge to make informed, confident decisions. Ready to dive in? Let’s talk timelines, tantrums, and everything in between.

Key Takeaways

• Contested divorces are prolonged by unresolved disputes on property division, child custody, and spousal maintenance.
• The mandatory 60-day waiting period adds to delays when disputes remain unresolved.
• Emotional stress, court backlogs, and the discovery process further complicate contested divorces.
• Knowledgeable legal representation is essential to navigate these challenges effectively.

Understanding Contested vs. Uncontested Divorces

Before exploring why contested divorces take longer in Texas, it helps to understand the core difference between contested and uncontested divorces. An uncontested divorce occurs when both spouses agree on every major term—property division, conservatorship, visitation, and spousal support. These cases generally move faster, cost less, and involve fewer court appearances. Under Texas Family Code § 6.001, most divorces are filed on the no-fault ground of insupportability, which applies whether the case is contested or not.

A contested divorce, by contrast, arises when spouses cannot agree on one or more significant issues. These disagreements often center around child custody (legally referred to as “conservatorship” under Texas Family Code §§ 153.131–153.134), the fair division of community property (Texas Family Code § 7.001), or spousal maintenance. When parties are at odds, the court must step in, often triggering extended timelines that involve discovery, mediation, temporary orders, and potentially a full trial.

Because of these added steps, it’s easy to see why contested divorces take longer in Texas. Each stage requires legal preparation, scheduling with the court, and often, negotiation or litigation. According to the attorneys at our firm, contested divorces can stretch from several months to over a year depending on how deeply rooted the disagreements are—and whether children are involved.

For families beginning the divorce journey, early preparation is key. If you anticipate a custody battle, our post on how to prepare for your Texas custody suit outlines practical steps to help you stay organized and focused. At The Law Office of Bryan Fagan, PLLC, we are committed to helping you navigate this process with both strategic insight and genuine care for your family’s future.

The Divorce Process: Where Delays Begin

Filing and Service

Every divorce in Texas begins with filing a petition. Once filed, it must be served to the other spouse, who has the chance to respond. If they agree on the terms, great—it may proceed uncontested. But if they don’t? You’re officially in contested territory.

The Mandatory Waiting Period

Texas law requires a minimum 60-day waiting period after filing before a divorce can be finalized—even in uncontested cases. For contested divorces, this is just the starting line. The waiting period exists to give couples time to reconsider or negotiate. It may be waived in extreme cases (like domestic violence), but most families are subject to the full 60 days—and often much longer.

Why Contested Divorces Take Longer in Texas

So, why contested divorces take longer in Texas? The delays often stem from unresolved issues that require court intervention—things like disagreements over custody, property division, or spousal maintenance. While Texas Family Code § 6.001 allows for divorce on the grounds of insupportability, contested cases involve legal complexities that demand time, evidence, and multiple court appearances to resolve.

One of the most common causes of delay is property division under Texas Family Code § 7.001, especially when spouses dispute asset valuation, debt allocation, or ownership of separate versus community property. Custody battles—guided by §§ 153.131–153.134—can include requests for psychological evaluations, contested temporary orders, and multiple hearings. Each of these stages can dramatically slow the process.

As our family law team often explains, other factors like court dockets, combative discovery, and the use of expert witnesses can also stretch timelines. You can get a detailed breakdown of these phases by reviewing our guide on how contested divorces unfold in Texas, which highlights the essential steps and tips for navigating these extended proceedings.

If you’re concerned about how a prolonged divorce could impact your family—especially your children’s stability—take a look at our in-depth blog on what to expect in a Texas child custody case. With the right preparation and legal support, you can approach even a contested divorce with clarity and confidence, knowing your future—and your child’s—is being protected every step of the way.

1. Property Division Disputes

Texas is a community property state, meaning most assets and debts acquired during marriage are divided equally. But figuring out what’s fair isn’t always straightforward. Disagreements about who owns what, how to value assets, or whether property is separate or marital often lead to heated courtroom debates.

2. Child Custody and Support Battles

Child custody is one of the biggest drivers of extended divorce timelines. When both parents seek primary custody or differ on visitation schedules, judges may order psychological evaluations, home studies, and temporary custody arrangements—each adding more time to the case. Texas courts always consider the best interest of the child under Family Code § 153.002, and academic stability is a key factor in those decisions.

3. Spousal Maintenance Conflicts

Whether spousal support should be awarded—and if so, how much and for how long—can be hotly contested. Disputes often involve scrutinizing income, employment potential, lifestyle, and health. Some cases may require vocational experts or financial analysts, adding more complexity to an already drawn-out process.

4. Discovery Delays

The discovery phase is where each side exchanges financial documents and evidence. It includes depositions, interrogatories, and requests for production. If one spouse delays, hides assets, or submits incomplete records, this phase can drag on for months. In some cases, forensic accountants are brought in to investigate, further extending the timeline.

5. Court Schedules and Backlogs

Even if you’re ready to go, the court might not be. Family courts in Texas often face scheduling delays due to high case volume. Postponed hearings, continued cases, and limited judge availability can leave couples stuck in limbo.

6. Emotional Stress and Interpersonal Conflict

It’s not just the legal process that adds time—it’s the people in it. High-conflict relationships often lead to communication breakdowns and emotional standoffs. When anger and resentment take center stage, it’s harder to reach compromise, which means more time in court.

How This Affects Your Children—Especially at School

Here’s where things get real—why contested divorces take longer in Texas isn’t just a question of court calendars and legal briefs. When a divorce drags on, the effects ripple far beyond the courtroom, especially for children. Prolonged parental conflict can disrupt routines, increase emotional stress, and—most critically—undermine academic success. It’s not uncommon for children in the midst of a high-conflict divorce to experience frequent moves between households or schools, lack of consistent supervision, missed homework, and a noticeable decline in grades or classroom behavior.

Texas courts take these concerns seriously. Under Texas Family Code § 153.001, the child’s best interest is the guiding principle in all custody decisions. Judges are increasingly focused on educational continuity as part of that standard. Factors such as a parent’s ability to maintain stable routines, ensure school attendance, and support the child’s emotional and academic development may weigh heavily in conservatorship determinations under §§ 153.134 and 153.254.

That’s why presenting a thoughtful, structured parenting plan can make a significant difference in court. One option that Texas judges are seeing more often is the 2-2-5-5 custody schedule, which can help both parents remain active in their child’s life while preserving school stability. To be successful, these plans must be tailored to the child’s needs and clearly communicated during the proceedings. The attorneys at our firm regularly assist clients in building strong custody proposals that prioritize both consistency and educational well-being.

If you’re unsure where to start, our resource on how to prepare for your Texas custody suit offers step-by-step insights into what judges look for and how to align your case with those expectations. With experienced legal guidance, it’s possible to protect your child’s future—even in the middle of a difficult divorce.

What Parents Can Do: Minimizing the Impact

Even in the midst of a contested divorce, there are meaningful steps parents can take to protect their child’s emotional and academic well-being. The key is to focus on consistency, communication, and proactive planning that centers the child’s needs above the conflict.

Communicate with Teachers and School Staff

School professionals can be a vital support system during this time. Don’t be afraid to loop in your child’s teachers, school counselor, and even the principal if necessary. Let them know what’s going on at home in age-appropriate, respectful terms. Teachers who understand the family dynamic are more likely to be patient with changes in behavior, provide additional academic help, or flag emotional warning signs early. It also helps ensure that both households receive report cards, event notices, and updates if the school is aware that parents are living separately.

Make sure both you and your co-parent have access to school portals, upcoming conference dates, and communication channels. This ensures that neither parent is left in the dark—and more importantly, that your child doesn’t feel caught in the middle.

Prioritize Consistency in Routines

Children thrive on predictability, especially during times of emotional upheaval. One of the best ways to minimize the impact of a contested divorce is to keep everyday routines as stable as possible. This includes maintaining regular bedtimes, meal schedules, homework expectations, and school drop-off/pickup times—even if the child splits time between two households.

Parents should coordinate their calendars so that transitions between homes are smooth and do not interfere with the child’s academic responsibilities or extracurricular activities. Agreeing on consistent expectations across both homes also helps avoid confusion and anxiety for the child.

Simple steps like posting a shared calendar, agreeing on screen time rules, or ensuring that favorite comfort items travel with the child can provide a strong sense of security. When kids know what to expect, they’re better able to focus on learning, friends, and being kids—even while their parents work through the legal process.

Consider Joint Custody with School Stability in Mind

When joint custody is being considered, one of the smartest moves a parent can make is to design a parenting plan that prioritizes school continuity. As our family law team often advises, keeping your child in the same school, maintaining consistent routines, and avoiding midweek custody exchanges that interrupt class time can help minimize emotional stress and academic disruption. Stability at school often translates into stability at home, especially during the turbulent process of divorce.

Texas courts emphasize the best interest of the child in all conservatorship matters, as outlined in Texas Family Code § 153.002. In cases involving joint managing conservatorship, judges frequently consider factors like geographical proximity between households, the parents’ ability to cooperate, and whether the proposed schedule supports the child’s educational and emotional well-being. A thoughtful parenting plan that supports consistent school attendance and minimizes transitions can strengthen your position in court under § 153.134(b).

This attention to detail becomes especially important when you’re dealing with a contested divorce. One reason why contested divorces take longer in Texas is that issues like child custody and education can become deeply contentious. For a broader understanding of how custody fits into the larger legal picture, we recommend reviewing our comprehensive guide to the different types of divorce in Texas, which breaks down the legal pathways and timelines involved.

If you’re currently developing your parenting plan, be sure to explore our article on how to prepare for your Texas custody suit. With experienced legal support and a plan that keeps your child’s education front and center, you can create a custody arrangement that not only satisfies the court but also protects your child’s long-term success.

Seek Counseling and Academic Support

Kids process divorce differently. Some may need a therapist. Others may benefit from a tutor. Early intervention makes a big difference.

Mediation and Alternative Solutions

While contested divorces tend to lean toward litigation, mediation is often a faster, more cost-effective alternative. A neutral mediator can help spouses find common ground—especially on parenting issues. If successful, mediation can save months in court.

Even if mediation fails, the effort often narrows the scope of disputes, making the rest of the divorce process faster and less painful.

Practical Tips to Speed Things Up

• Be honest and responsive during discovery
• Choose your battles—prioritize what really matters
• Work with a qualified family law attorney who knows the local courts
• Try early mediation before small issues become big ones
• Keep the focus on your child’s well-being

The Power of Legal Support

Trying to handle a contested divorce without legal guidance is a lot like assembling IKEA furniture without the instructions—tedious, frustrating, and prone to going sideways. The legal, financial, and emotional layers involved in a contested case can easily overwhelm even the most organized parent. That’s one of the biggest reasons why contested divorces take longer in Texas. Without a strategic plan and experienced representation, what could be resolved in months might stretch into years.

Under Texas Family Code § 6.001, a divorce may be granted on grounds of insupportability, but if the spouses cannot reach agreement on conservatorship, child support, or the fair division of marital assets (Texas Family Code § 7.001), delays are nearly inevitable. With issues like custody subject to best interest standards under § 153.002, it’s essential to have someone who not only understands the law but knows how to apply it effectively to your unique family dynamics.

That’s where experienced legal counsel like Carl J. Ritter comes in. As a seasoned member of our litigation team, Carl brings a detail-oriented, client-first approach to every contested case he handles. Whether drafting parenting plans that preserve school stability or negotiating creative property settlements that minimize court involvement, Carl’s work reflects our firm’s mission to protect futures through smart, compassionate representation.

If you’re just beginning the divorce process or unsure whether your case might become contested, check out our blog on how contested divorces unfold in Texas. It offers insight into the stages of litigation and how preparation can make all the difference. With the right attorney by your side, you can move forward with clarity, confidence, and a legal strategy built to fit your family’s needs.

Conclusion

Divorce isn’t just about paperwork and court dates—it’s about people, families, and yes, even report cards. If you’re in the middle of a contested divorce and wondering how to hold it all together, you’re not failing—you’re facing one of life’s toughest transitions. The good news? You don’t have to do it alone.

Knowing why contested divorces take longer in Texas gives you the power to plan smarter, protect your child’s education, and make choices that lead to a better outcome for everyone involved. Whether you’re trying to maintain school routines or figure out how to co-parent across households without chaos, it all starts with clear guidance and strong support.

At The Law Office of Bryan Fagan, PLLC, we believe in doing more than just showing up in court. We’re here to help you build a legal strategy that supports your child’s well-being, preserves their academic path, and gives your entire family the chance to move forward with confidence.

If this post struck a chord—or if you’re just tired of Googling at midnight—let’s talk. Schedule a free consultation with our team today. And remember: even in the middle of a contested divorce, your child’s future doesn’t have to be a casualty. It can be the reason you fight smarter.

After all, math homework waits for no one.

Contested Divorce FAQs

How long can a contested divorce take in Texas?

A contested divorce in Texas can take anywhere from six months to several years, depending on the complexity of the issues, cooperation between spouses, court schedules, and whether children or significant assets are involved.

What is the timeline for a contested divorce?

The typical timeline for a contested divorce in Texas begins with filing and serving the petition, followed by discovery, temporary orders, mediation, and, if necessary, trial. This process generally takes 9 to 18 months or longer, depending on how disputes are resolved.

What is the longest a divorce can take in Texas?

There is no strict upper limit, but some highly contested divorces in Texas have lasted three to five years, especially when involving complex assets, multiple hearings, appeals, or prolonged custody disputes.

Why does divorce take so long in Texas?

Divorces in Texas can take a long time due to required waiting periods, court backlogs, the discovery process, emotional conflict between spouses, and disputes over property, custody, or support that must be resolved through hearings or trial.

What is the average cost of a contested divorce in Texas?

The average cost of a contested divorce in Texas can range from $15,000 to $30,000 or more, depending on the length of litigation, attorney’s fees, and whether expert witnesses or evaluations are required.

How long can a divorce be pending in Texas?

A divorce can remain pending in Texas indefinitely if the parties do not reach a settlement or move the case forward. However, most courts will eventually issue a dismissal notice if the case is inactive for an extended period.

How do you win a contested divorce?

Winning a contested divorce depends on preparation, evidence, and legal representation. It involves presenting a compelling case for child custody, fair property division, or support terms aligned with Texas law and the best interests of any children involved.

Who loses the most in a divorce?

Children and financially dependent spouses often bear the greatest impact of divorce, particularly in high-conflict cases. However, both parties can experience emotional, financial, and relational losses if the divorce becomes adversarial and prolonged.

What is the minimum time for contested divorce?

The absolute minimum time for any divorce in Texas, contested or not, is 60 days due to the statutory waiting period. However, a contested divorce rarely concludes that quickly and generally takes much longer.