If you file for divorce in Texas, the law builds in a pause: with narrow exceptions, a court cannot grant your divorce until at least 60 days have passed from the date the petition was filed. Texas Family Code § 6.702 makes this waiting period mandatory, and it applies whether your divorce is contested or uncontested.
Why Texas Has a Waiting Period
The waiting period exists to give both spouses time to be certain about ending the marriage and, in many cases, to reach agreement on property, support, and parenting issues before a judge gets involved. For couples pursuing an uncontested divorce, the 60 days often becomes productive time: exchanging financial information, negotiating a settlement, and preparing the final decree so it can be signed shortly after the period ends.
How the 60 Days Are Counted
The clock starts on the day the original petition for divorce is filed — not the day your spouse is served, and not the day you separated. Day one is the day after filing, and the divorce may be granted on or after the 61st day. In practice, most divorces take longer than 60 days: court scheduling, service of process, discovery, and negotiation all add time. A truly agreed divorce can sometimes be finalized within days of the waiting period expiring, while contested cases commonly take six months to a year or more.
Exceptions to the Waiting Period
Texas law waives the 60-day requirement in two situations involving family violence: when the respondent has been finally convicted of (or received deferred adjudication for) an offense involving family violence against the petitioner or a member of the petitioner’s household, or when the petitioner has an active protective order or emergency protective order against the respondent because of family violence committed during the marriage. If you are in either situation, talk to a lawyer promptly — the court can move faster to protect you.
What You Can Do During the 60 Days
- Request temporary orders covering child custody, support, use of the home, and payment of bills while the case is pending.
- Gather and exchange financial records — tax returns, pay stubs, account statements, and property records.
- Negotiate or mediate the terms of your settlement so the final decree is ready when the waiting period ends.
- Prepare a parenting plan that works for your children’s school, activities, and both parents’ schedules.
Common Questions
Does the waiting period mean my divorce will be final on day 61?
No. The 61st day is the earliest a judge may sign your decree. You still need every issue resolved — by agreement or by trial — before the court will finalize the divorce.
Can we agree to waive the 60 days?
No. Spouses cannot waive the waiting period by agreement. Only the family-violence exceptions in § 6.702 allow a court to grant a divorce sooner.
Does the waiting period apply to annulments?
No. The 60-day rule applies to divorces. Annulments and suits to declare a marriage void follow different procedures.
Talk to an Austin Divorce Lawyer
The waiting period is a floor, not a forecast. How long your divorce actually takes depends on how prepared you are and how contested the issues become. SMB Law, PC helps families across Travis, Williamson, and Hays counties use this time strategically — so the day the waiting period ends, you’re ready. Call (512) 561-5003 for a free, confidential consultation.
