Texas law requires a minimum 60-day waiting period between the date a divorce petition is filed and the date the court can finalize the divorce. The clock starts on the day the original petition is filed with the court. This waiting period applies in most cases and affects how soon a judge can sign the final divorce decree.
The purpose of the 60-day waiting period is to give spouses time to consider reconciliation, resolve outstanding issues, and complete required paperwork. While the waiting period cannot usually be waived, certain cases involving family violence may qualify for an exception. Even when both spouses agree on all terms, the court generally cannot finalize the divorce until the 60 days have passed.
How the 60-Day Waiting Period Works
Under Texas Family Code Section 6.702, a court generally cannot grant a divorce before the 60th day after the case is filed. The counting begins on the filing date listed on the petition, not the day the other spouse is served. This rule establishes the earliest possible date a divorce may be finalized, but it does not guarantee that the case will conclude as soon as the waiting period ends.
Practical factors can extend the timeline beyond sixty days. Court availability, service delays, unresolved issues, and incomplete paperwork all affect how quickly a case moves forward. Texas divorce law also requires that the final decree accurately reflect the family’s circumstances, including property and parenting arrangements, which can take additional time to resolve.
The Purpose of the Divorce Waiting Period in Texas
The 60-day waiting period serves a deliberate role in the Texas divorce process. It creates space for reflection before a marriage is legally dissolved and allows time to address financial and parenting issues in a more organized way.
This period is also used to exchange information, resolve disputes, and prepare agreements that fully address property division, debt allocation, custody, and support. By slowing the process slightly, the law aims to reduce rushed decisions and encourage outcomes that are more stable and less likely to lead to future conflicts.
Rare Exceptions to the Waiting Period
The law permits courts to waive the 60-day waiting period in limited circumstances involving family violence. Specifically, the waiting period does not apply when:
- The petitioner has an active protective order against the respondent under Title 4 of the Texas Family Code, and the protective order was issued after a hearing providing notice and opportunity to be heard.
- The respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household, and the offense occurred within two years before the divorce petition was filed.
These exceptions apply only when there is documented legal action, such as a protective order issued after a contested hearing, or a criminal conviction or deferred adjudication. Simply experiencing family violence does not automatically waive the waiting period; formal legal action establishing the violence must exist. A legal review is required to determine whether a specific situation meets the statutory requirements for an exception.
What Happens Once the Waiting Period is Over?
After the 60-day waiting period expires, the path forward depends on whether your divorce is contested or uncontested. In uncontested cases where both spouses agree on all terms, the court can schedule a final hearing and sign the divorce decree quickly, often within days after the 60th day if the paperwork is complete and properly prepared.
Contested divorces require additional time for discovery, temporary hearings, mediation, and potentially a trial. These cases may extend months or years beyond the waiting period, depending on the complexity of property division, custody disputes, and court availability. The 60-day minimum only establishes the earliest possible finalization date, not a guaranteed timeline.
At WSM, Our Divorce Lawyers in Texas Are Ready to Help Guide You Through a Legal Divorce in Texas
Divorce can feel like a rushed checklist, yet your future deserves a plan. At WSM, we will guide, support, and fight for women through every stage of divorce, with a strategy built around life after the decree. We will explain the law clearly, so you can act with confidence, protect what matters, and prepare for the decisions ahead. Choose a firm that is focused on you. Contact us online or call (380) 203-2023 for a no-obligation, free case review.
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