Texas Divorce Waiting Period
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Your Divorce Can Only Begin After A Mandatory Wait
In every Texas divorce, a mandatory waiting period is required. The state doesn’t take marriage lightly and wants couples to seriously consider the choice they’re making. During this time, you are allowed to live separately from your spouse.
How Long Is The Waiting Period?
If you file for divorce in Texas, you must wait 60 days before the divorce can be finalized. This timeline includes weekends and holidays, starting the day after you file. If the 60th day falls on a weekend or holiday, your divorce can be finalized on the next business day. While you can take longer if needed—either for personal reasons or due to delays in the court process—60 days is the minimum. However, there are two exceptions:
- If your spouse has been convicted of a family violence offense against a member of your household (or received deferred adjudication for it), the waiting period does not apply.
- If you currently have an active protective order, the 60-day waiting period can also be waived.
Navigating This Uncertain Time
Many spouses find themselves in an uncertain legal situation during Texas’s mandatory divorce waiting period. While they remain legally married, most new actions, such as financial decisions or property acquisition, are considered separate and no longer part of the community estate. It’s also important to note that neither spouse is allowed to remarry during this time. Consulting a knowledgeable Texas divorce attorney can help you understand how the waiting period affects your legal standing and establish the groundwork for a smoother transition into post-divorce life.
For families with children, this period can be particularly challenging. Children may become emotionally distressed or confused now that one parent is living apart, and even blame themselves for the separation. During this time, it’s crucial to help them understand what’s happening and address key parenting decisions, such as custody, visitation, and child support. An attorney can guide you through the process to ensure that your children’s best interests are protected.
The waiting period is important for many other reasons as well. It allows space for potential reconciliation, provides time to fully assess each party’s financial situation, and allows both individuals to work through conflicts that could lead to litigation. These potential conflicts could involve deciding what to do with the family home, dividing marital assets, or making arrangements for jointly owned businesses.
While some may question why their divorce can’t happen sooner, the waiting period is vital for resolving practical matters and setting up each spouse for a stable future. However, if you’re in a dangerous or abusive situation, it’s crucial to let your attorney know so they can try to waive the waiting period on your behalf.
No matter your circumstances, an experienced divorce lawyer will help you understand your rights and navigate the process confidently. Contact us today and schedule a consultation in Houston, Tomball, Katy, or Sugar Land.
