The Waiting Period of 60 Days in Texas Divorce
,Is there a waiting period before a person can get a divorce?
Yes, there is a cooling period, also known as the ‘Waiting Period’ during a divorce action. In Texas, the waiting period is 60 days. In other words, while a divorce action is pending, count from the day you filed your divorce petition with the District Clerk. You must wait at least 60 days from the date of filing before the Judge can grant the divorce.
See Texas Family Code – FAM § 6.702. Waiting Period.
(a) Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.
Can I expedite my divorce suit?
There are two exceptions and one exclusion to a waiting period in a Texas divorce suit. Under Texas Family Code 6.702 (b) and (c):
(b) A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.
(c) A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that:
(1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner’s household; or
(2) the petitioner has an active protective order under Title 4 1 or an active magistrate’s order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.
In other words, a waiting period does not apply to annulment. This is the exclusion.
Also, when the opposing party (respondent) has been convicted of family violence, you do not need to wait 60 days; Or if there is an active protective order or active emergency protection because of family violence which occurred during marriage.
If you have questions about the waiting period also known as cooling period in Texas, contact our office. One of our experienced staff members will be happy to assist you and schedule time to speak with you. Call (832) 529-1255 or send us an email at office@aminulaw.com.
Disclaimer: This post is for informational purposes only. It does not constitute legal advice, neither does it create an attorney-client relationship. Such relationship is formed upon signing of an attorney-client agreement; and it is formed once you have received an engagement letter/notice. Speak with one of our attorneys about the specific facts of your case.
