Texas Legal Glossary · Family Law

60-Day Waiting Period

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: The 60-day waiting period is the rule in Texas Family Code § 6.702 that a court may not grant a divorce before the 60th day after the petition is filed, with exceptions only for family violence convictions and active protective orders.

Also called: divorce waiting period, cooling-off period

What the 60-day waiting period means in Texas

The 60-day waiting period is the minimum time a Texas divorce must stay on file before a judge can sign the decree. Under Texas Family Code § 6.702(a), the court may not grant a divorce before the 60th day after the date the suit was filed. Day one is the day after filing, so the earliest the decree can be signed is day 61. The rule exists as a cooling-off period, and the spouses cannot waive it by agreement.

Section 6.702(c) carves out two exceptions. The waiting period does not apply if the respondent has been convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household, or if the petitioner has an active protective order or magistrate’s emergency protective order against the respondent based on family violence during the marriage.

How it works in practice

The clock starts when the clerk file-stamps the original petition, not when the other spouse is served or signs a waiver. In an uncontested divorce, the spouses use the 60 days to finalize the agreed decree so the prove-up can happen as soon as the period runs. In a contested divorce, the 60 days pass long before the case is ready, and the real timeline is set by discovery, mediation, and the court’s docket.

Under § 6.702(b), a decree signed before the 60th day is not void. It is voidable, and the error must be raised by direct appeal; it cannot be attacked collaterally years later. In practice, Travis County clerks and coordinators check the filing date before setting a prove-up, so early decrees are rare.

Why it matters in your case

The waiting period sets the floor for how fast a Texas divorce can happen, and it is firm. A couple who agrees on everything the day they file still waits two months. The period also has a practical use: it is the window for negotiating and drafting the decree, gathering account statements, and in cases with children, completing any parenting class the court requires. We treat the 60 days as a working schedule rather than idle time, so the decree is ready on day 61.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.