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Mandatory Wait Time Until You Can Initiate Your Divorce
As part of every Texas divorce, there is a required waiting period. The state takes marriage seriously and requires both spouses to wait at least two months in most situations to finalize a divorce. You can be living separately from your spouse during this time.
A 60-Day Process
If you file for divorce in Texas, you must wait 60 days for the divorce to be finalized. This is a full 60 calendar days. Day one would be the day after you file for divorce. Weekends and holidays count as part of the sixty days. If the sixtieth day is during a weekend or holiday, the next business day is the day that your divorce can be finalized. You can wait longer if that fits your situation better, or if the court process takes longer – however, this is the earliest the divorce can be finalized.
There are two potential exceptions to the 60-day waiting time. If your spouse has been convicted of a violent crime against you or anyone in your household (or received deferred adjudication for that crime), there is no 60-day waiting period. Or, if you have an active protective order, there is no 60-day waiting period.
Married, But Separate
During the waiting period, spouses are in a somewhat confusing legal situation. They are still legally married, but any actions taken by either party are considered separate, and not community property. Neither spouse may remarry during this waiting period. It’s important to consult a Texas divorce lawyer to make sure you understand how the Texas waiting period impacts your legal situation and ensure everything is sorted out correctly so that you can move into the next phase of your life smoothly.
The waiting period can also be difficult for any children involved. Divorce can be very difficult for kids of any age, who often do not understand why their parents are no longer living together and may even blame themselves for the new situation. The waiting period can be difficult for them to understand.
In cases where there are children, it’s important to take the time to determine custody, visitation, and child support before the marriage is dissolved. Your lawyer will help you understand what you need and how to make sure that all of the legal considerations about the children are taken care of during the waiting period.
There are a few different reasons for the waiting periods, and determining what will happen with the children is only one of them. Another is to make time for a potential reconciliation, to investigate the couple’s financial situation, and to minimize collateral consequences. The waiting period gives both parties time to figure out what the impacts of the divorce will be on the rest of their life, and how to minimize the negative consequences. This could include deciding what will happen to the house, splitting up assets, or figuring out how to handle a joint business moving forward.
Even if your divorce is amicable, the waiting period is a valuable time to straighten out all of the legal consequences and allow both parties to move forward successfully. If you are in a dangerous situation, make sure that your lawyer knows that you need to waive the waiting period. Either way, your lawyer can help you understand and navigate the Texas waiting period.
