The waiting period for a divorce in Texas is a minimum of 60 days, and the clock begins the day after you file the Original Petition for Divorce with the court. A family law attorney helps you file these initial documents correctly and guides you through the process, protecting your rights from the very start.
Key Takeaways on the Waiting Period for Divorce in Texas
- Texas law mandates a 60-day waiting period before a judge can finalize any divorce.
- The waiting period starts the day one spouse officially files the divorce petition.
- This "cooling-off" period applies to all divorce cases, with very rare exceptions.
- Many divorces take longer than 60 days to resolve, especially those involving children or complex assets.
- The waiting period is an opportunity to work on legal strategy and negotiations.
The Purpose of the Mandatory 60-Day Period
You may wonder why you have to wait to complete your divorce. The Texas legislature established this 60-day timeline to serve as a "cooling-off" period. The law provides couples a formal pause before making the final decision to dissolve their marriage.
This period gives both parties time to reflect and prevents decisions made in the heat of an argument from immediately ending a marriage. Sometimes, spouses use this time to explore reconciliation, though this is not its only function.
More practically, the 60 days allow you and your spouse to begin addressing the necessary legal details. This includes financial disclosures, property inventories, and initial discussions about children.
Resolving these issues properly takes time, and the waiting period builds that time directly into the divorce process. The waiting period sets the minimum timeframe for any divorce proceeding.
Can We Agree to a Shorter Time?
Many people ask if they can waive the waiting period if both spouses agree. The answer is almost always no. This legal requirement is set by state statute and cannot be simply bypassed by mutual consent.
A judge doesn’t have the authority to ignore this law, even in an uncontested divorce where both parties agree on all terms.
Is Separation Required Before Filing?
Texas doesn’t require a period of legal or physical separation before you can file for divorce. You can live in the same house and still begin the divorce process. The official legal timeline starts with the divorce petition filing, not with a separation date.
When the Divorce Countdown Officially Starts
The 60-day clock is precise; it starts the day one spouse files the Original Petition for Divorce with the appropriate court. This formal act of filing officially initiates the legal case.
The court clerk stamps the petition with the date it was received, creating a clear record. The 60-day period is calculated from that day. The earliest date that a judge may sign a divorce decree is the 61st day after the date the petition was filed.
Filing the Petition vs. Serving Your Spouse
Filing the petition starts the 60-day clock, but another key step must occur: The other spouse must receive formal notification of the lawsuit, known as service of process.
Service usually involves a sheriff, constable, or private process server delivering a copy of the filed petition to the other spouse. In the alternative, your spouse can agree to sign a Waiver of Service, acknowledging that they received the lawsuit papers; in that case, there is no need for formal service.
While the 60-day countdown starts at filing, a judge will not finalize the divorce until service is complete and proof of service is filed with the court.
The Respondent’s Deadline To Answer
After a spouse is served, a different clock starts ticking: the deadline to answer. The Respondent must file this formal document with the court by 10:00 a.m. on the first Monday after 20 days have passed since they were served. This deadline protects their right to participate in the case.
If the Respondent fails to file on time, the filing spouse can ask the court for a default judgment, which allows the judge to finalize the divorce based on the terms requested in the original petition without input from the other party. The spouse who filed the petition for divorce can file a motion for a default judgment once the 20-day answer deadline has passed, but the Court may issue a final divorce decree only after the full mandatory 60-day waiting period has passed.
The 20-day answer deadline and the 60-day waiting period are two separate timelines running at the same time. The first is a deadline for the Respondent to act, while the second is a mandatory minimum duration for the entire divorce case itself.
Factors That Often Extend the Divorce Timeline
While the minimum wait is 60 days, many people find their divorce takes much longer. The 60-day mark is the earliest a judge can sign the Final Decree of Divorce, but it’s not a deadline.
Complexities and disagreements can push the final date out by several months or even more than a year. The waiting period for divorce in Texas must be viewed alongside these practical realities.
Common issues that extend the divorce timeline include:
- Disagreements on Property: If you and your spouse cannot agree on how to divide assets and debts, the court may need to intervene, which takes time.
- Child Custody Disputes: Creating a possession order and parenting plan that is in the best interest of the children can require mediation or even court hearings.
- Complex Financials: Divorces involving businesses, investments, or hidden assets often require extensive investigation and financial analysis.
- High Emotions: Conflict and an inability to communicate constructively can lead to delays as every decision becomes a battle.
- Court Schedules: The availability of judges for hearings and trials can also impact how quickly your case moves through the system.
Disputes Over Child Custody and Support
Nothing lengthens a divorce timeline more than disagreements over children. Deciding on custody, visitation schedules, and child support can be highly emotional. When parents cannot reach an agreement, the court often orders mediation to help them find common ground.
If mediation fails, the court may appoint an amicus attorney to represent the children's interests or order social studies. These steps add layers of time and complexity to the case.
Complex Community Property Division
Texas is a community property state, which means most property acquired during the marriage belongs to both spouses. Dividing this property in a just manner can be a significant challenge.
For example, valuing a family business, tracing separate property assets, or untangling complex investment accounts requires time and financial professionals. You and your spouse must exchange financial information and document all assets.
Disagreements over the value of an asset, or whether an asset is community or separate property, can slow down the divorce process while the issue is resolved through negotiation or a court ruling.
Limited Exceptions to the 60-Day Rule
While the Texas divorce 60-day waiting period is strict, the law provides for limited, specific exceptions. A court may waive the waiting period in cases involving family violence. In such cases, though, the judge will require clear, concrete evidence of abuse before granting such a waiver.
A person in an abusive situation needs to discuss the possibility of a waiting-period waiver with an attorney immediately. Your safety is a priority, and a lawyer can explain the specific legal actions available.
A judge requires specific proof and may waive the waiting period under these circumstances:
- Criminal History: Your spouse has a conviction or has received deferred adjudication for a crime involving family violence against you or a member of your household.
- Active Protective Order: You currently have an active protective order in place against your spouse that was issued based on a finding of family violence.
- Sufficient Proof: Your request is supported by clear evidence of abuse, as mere allegations of family violence are not enough to secure a waiver from the court.
Even if a waiver of the waiting period is granted, it doesn’t mean the divorce is instantly over. All other matters, such as property division and custody, still must be resolved through agreement or court order. The waiver only removes the 60-day gate, not the entire path to finalization.
How To Use the Waiting Period to Your Advantage
Instead of viewing the 60-day wait as a frustrating delay, view it as a period of preparation. This is your opportunity to get your ducks in a row and build a stronger legal position. The actions you take during this time can have a major impact on the final outcome of your divorce.
Working closely with a family law attorney, you can complete many necessary tasks during your wait. By the time the 60-day period is over, you may be fully prepared to finalize your divorce, especially in an uncontested case. This proactive approach turns waiting time into productive time.
You can work on the following during the waiting period:
- Financial Disclosures: Gather and organize all your financial documents, including bank statements, tax returns, pay stubs, and retirement account information.
- Property Inventory: Create a detailed list of all assets and debts, noting when they were acquired and their estimated value.
- Strategic Planning: Meet with your attorney to discuss your goals for property division, custody, and support, and develop a clear negotiation strategy.
- Negotiation and Mediation: Begin informal negotiations with the other side or schedule a formal mediation to resolve disputed issues.
- Drafting the Decree: Work with your lawyer to draft a proposed Final Decree of Divorce that reflects your desired outcomes.
How a Texas Family Law Attorney Helps Your Divorce Timeline
A family law attorney’s guidance during this initial phase is instrumental in setting your entire case on the right track. They follow all legal procedures, preventing simple mistakes that can cause major delays and complications later.
A family law attorney protects your rights and advocates for your best interests from the moment the petition is filed through the final signature on the decree.
Here are specific ways an attorney helps you during the divorce process:
- Proper Filing: They correctly draft and file the Original Petition for Divorce and all other documents with the right court.
- Managing Deadlines: An attorney keeps track of all timelines, including the 60-day waiting period and deadlines for responding to discovery requests.
- Strategic Advice: They provide sound counsel on handling financial matters, property, and communication with your spouse during the waiting period.
- Negotiating Terms: Your lawyer can negotiate on your behalf to work toward a fair settlement on property division, child custody, and support.
- Drafting the Final Decree: They can draft a clear and comprehensive Final Decree of Divorce that accurately reflects the terms of your settlement.
- Court Representation: If agreements cannot be reached, your attorney can represent you in court to fight for your desired outcome.
FAQ on the Waiting Period for Divorce in Texas?
Can the Waiting Period for Divorce Be Waived in Texas?
A waiver of the 60-day waiting period is only possible under very narrow circumstances, typically involving a criminal conviction or protective order related to family violence.
For the vast majority of divorce cases in Texas, including amicable, uncontested divorces, the 60-day waiting period is mandatory and cannot be waived by either party or the judge.
What Happens After the 60-Day Waiting Period for Divorce in Texas?
Once the 60-day period has passed, a judge can legally sign your Final Decree of Divorce, provided all other issues are resolved. If you and your spouse have a complete agreement, one of you can go to court for a hearing to finalize the case.
If issues remain unresolved, the case continues with negotiations, mediation, or litigation until a settlement is reached or a trial is held.
Does Texas Have a Mandatory Separation Period Before Divorce?
No, Texas doesn’t require couples to live separately for any amount of time before filing for divorce. You can file the Original Petition for Divorce while still residing in the same home as your spouse. The legal process and the 60-day waiting period begin with the court filing, not a physical separation.
How Long Does a Divorce Take in Texas?
While the minimum waiting period is 60 days, the total time for a divorce varies greatly. An uncontested divorce with no children and minimal property might finalize shortly after the 60-day mark.
A contested divorce with disputes over child custody and complex assets can take anywhere from six months to over a year to resolve.
What’s the Waiting Period for Divorce in Texas When Both Spouses Agree on Everything?
The waiting period remains 60 days even if you and your spouse agree on every single issue (uncontested). An uncontested divorce makes the process much faster and smoother, and you’ll likely be able to finalize your divorce quickly after the waiting period ends.
Let Us Protect Your Future
The end of a marriage is a difficult journey, and the legal process can seem complex. You need an advocate who can provide clear direction and protect what matters most to you. At Bailey & Galyen, we’re ready to stand by your side. Schedule a consultation today by calling (817) 345-0580.