What Is the Waiting Period for Divorce in Texas?

Divorce can be a stressful and emotional process for anyone involved. In Texas, like in many other states, there is a waiting period before a divorce can be finalized. The waiting period is the amount of time that must pass between the filing of the divorce petition and the finalization of the divorce.

In Texas, the waiting period for divorce is 60 days. This means that from the time the divorce petition is filed, at least 60 days must pass before the divorce can be finalized. However, it is important to note that this waiting period does not guarantee that the divorce will be finalized exactly on the 61st day. The actual time it takes to finalize a divorce can vary depending on various factors, such as court availability, complexity of the case, and any disputes that may arise between the parties.

FAQs about the Waiting Period for Divorce in Texas:

1. Why is there a waiting period for divorce in Texas?
The waiting period is designed to give both parties a chance to reconsider the decision to divorce and potentially reconcile. It allows couples to take some time to think about their actions before making a final decision.

2. Can the waiting period be waived?
In certain circumstances, such as cases involving family violence, the waiting period may be waived. However, these waivers are granted on a case-by-case basis and require specific evidence to support the request.

3. Does the waiting period apply to uncontested divorces as well?
Yes, the waiting period applies to both contested and uncontested divorces. Regardless of whether the parties agree on all terms or not, the waiting period must still be observed.

4. When does the waiting period start?
The waiting period begins on the day the divorce petition is filed with the court. It does not start on the day the parties separate or decide to end their marriage.

5. Can the waiting period be extended?
In general, the waiting period cannot be extended. However, if the court finds that there are exceptional circumstances, such as military deployment or illness, it may grant a temporary order to delay the finalization of the divorce.

6. Can the waiting period be shortened?
No, the waiting period cannot be shortened. It is a mandatory requirement in Texas divorce law.

7. Can the parties live together during the waiting period?
Yes, the parties can continue living together during the waiting period if they choose to do so. However, it is important to note that the court may require evidence of the parties’ separation when considering other aspects of the divorce, such as property division or child custody.

8. Can the parties reconcile during the waiting period?
Yes, the waiting period allows for the possibility of reconciliation. If the parties decide to reconcile before the divorce is finalized, they can request to dismiss the divorce petition.

9. What happens after the waiting period?
After the waiting period, the divorce can proceed to finalization. The parties will need to submit any required documentation, attend court hearings if necessary, and resolve any remaining issues before the divorce can be officially granted.

In conclusion, the waiting period for divorce in Texas is 60 days. This waiting period serves as a cooling-off period, allowing both parties to reconsider their decision and potentially reconcile. It is important to consult with a qualified family law attorney to understand the specific requirements and procedures involved in getting a divorce in Texas.