When Does the 60 Days Start for a Divorce in Texas

When Does the 60 Days Start for a Divorce in Texas

Divorce can be a difficult and emotional process, and understanding the legal requirements and timelines is crucial. In Texas, one of the key aspects of the divorce process is the waiting period, which is commonly referred to as the “cooling-off” period. This waiting period serves as a time for couples to reflect on their decision and potentially reconcile. But when exactly does the 60 days start for a divorce in Texas? Let’s explore this topic further.

In Texas, the 60-day waiting period begins once the divorce petition is filed. This means that the clock starts ticking from the moment the initial paperwork is submitted to the court. It is important to note that this waiting period is mandatory, regardless of the circumstances surrounding the divorce.

Now, let’s address some frequently asked questions about the 60-day waiting period for a divorce in Texas:

1. Can the waiting period be waived?
No, the waiting period cannot be waived. It is a legal requirement that must be observed in all divorce cases.

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2. What if we reconcile during the waiting period?
If you and your spouse decide to give your marriage another chance during the waiting period, you can file a motion to dismiss the divorce. This will effectively end the divorce process.

3. Can the waiting period be extended?
Under certain circumstances, the waiting period may be extended. This typically occurs when the court finds that there is a reasonable expectation of reconciliation or if there are unresolved issues such as child custody or property division.

4. Can we finalize the divorce before the 60-day waiting period ends?
No, the divorce cannot be finalized until the waiting period is over. However, it is possible to reach a settlement agreement during this time, which can then be submitted to the court for approval once the waiting period has elapsed.

5. What happens after the 60-day waiting period?
Once the waiting period is over, the divorce case can proceed. Both parties will need to attend a final hearing, where the court will review the settlement agreement (if applicable) and make a final determination on any outstanding issues.

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6. Can the waiting period be reduced?
The waiting period cannot be reduced under normal circumstances. However, in cases of family violence, the court may grant a waiver, allowing the divorce to proceed more quickly.

7. What if my spouse refuses to sign the divorce papers?
If your spouse is uncooperative and refuses to sign the divorce papers, you can still proceed with the divorce. You will need to provide evidence to the court that your spouse has been properly served with the divorce documents.

8. Can we still live together during the waiting period?
Yes, you can continue living together during the waiting period if you choose to do so. However, it is important to remember that the purpose of the waiting period is to allow for reflection and potential reconciliation.

9. What if we change our minds after the waiting period ends?
If you change your mind about the divorce after the waiting period has ended, it is possible to remarry your spouse. However, you will need to start the entire divorce process from the beginning if you wish to legally dissolve your marriage again.

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In conclusion, the 60-day waiting period for a divorce in Texas begins once the divorce petition is filed. This waiting period is mandatory and cannot be waived. It is important to consult with a qualified family law attorney to navigate the divorce process and understand the specific requirements in your case.