What Is the Waiting Period for Divorce in Texas?

 Posted on June 07, 2024 in Divorce

There are many reasons why a couple may not want to wait to get divorced. A spouse may be waiting to get married, for example, which cannot legally be done while still married to someone else. Some couples may be tired of the relationship, which they feel ran its course long ago. Other spouses may be angry and eager to be separated from each other.

However, quick divorces in Texas are not that common. As a qualified Texas divorce attorney will tell you, there is a mandatory waiting period before a divorce in Texas can be finalized.

What Is the Waiting Period for Divorce in Texas?

Texas law prescribes a 60-day waiting period before a judge can issue a divorce judgment. This applies even if the divorce is uncontested, which means that the spouses agree on everything. The 60 days begin the day after you file the Original Petition for Divorce.

There are exceptions to the 60-day waiting period, however, which involve family violence. If one of the spouses has a record of violent abuse or if one of the spouses has a restraining order against the other spouse for abuse, then the 60-day rule can be waived.

Why Is There a Waiting Period?

There are a few reasons why Texas law mandates a waiting period:

• A waiting period gives couples time to think about their decision. Sometimes divorce papers are filed in the heat of passion, when emotions like anger are dominant. A waiting period gives these emotions a chance to subside. The spouses can then consider the dramatic impact divorce will have on their lives and the lives of their families.
• A waiting period gives couples time to prepare for the divorce. The spouses can start dividing their marital assets between themselves or start making preparations for child custody arrangements. Importantly, the waiting period also gives their attorneys time to prepare their arguments for court, if applicable.
• A waiting period helps the couple cool off. It is hard for spouses to approach divorce and the complex divorce process with a level head if they are still in the heat of the moment. A cooling-off period allows the parties to come to the negotiating table in a more rational state of mind and more willing to compromise.

Contact a Tarrant County, TX Divorce Attorney

While there is a mandatory waiting period for most divorces in Texas, it can be used to your advantage. Your Hurst, TX divorce lawyer can use the time to build a strong case for any court hearings. When you bring your case to Daniel R. Bacalis, P.C., you get an experienced divorce attorney who will guide you skillfully through the process and will stop at nothing to bring you the best result possible. Call 817-498-4105 today to schedule your free consultation.