Understanding Texas’s 60-Day Divorce Waiting Period
If you’ve recently filed for divorce in Texas, you might be surprised to learn that even when both parties agree on everything, you cannot finalize your divorce immediately. Texas law mandates a 60-day waiting period before any divorce can be granted, regardless of how amicable the split might be. This cooling-off period, established by Texas Family Code §6.702, states clearly that “the court may not grant a divorce before the 60th day after the date the suit was filed.” While this might feel frustrating when you’re ready to move forward with your life, understanding the reasoning behind this requirement and how to navigate it effectively can help you use this time productively.
💡 Pro Tip: Start gathering all necessary financial documents and paperwork during the waiting period to ensure you’re fully prepared when your case can move forward.
Ready to untangle the complexities of your divorce process and make the most of the 60-day waiting period? At Lackey Law, we’re committed to guiding you smoothly through this challenging time. Don’t hesitate to contact us or call us at 888-705-0307 to start planning for a brighter future.
Your Legal Rights During the 60-Day Waiting Period
The 60-day waiting period serves as more than just a bureaucratic hurdle. Texas legislators designed this mandatory pause to give couples time to reconsider their decision, negotiate property division, and arrange child custody matters if applicable. During this time, you maintain all your marital rights and responsibilities. Working with a Divorce Attorney in Austin, TX can help you understand exactly what actions you can and cannot take during this period. For instance, you might be subject to standing orders that prevent you from selling marital property, changing beneficiaries on insurance policies, or removing children from the state without permission.
It’s important to note that while the statute requires this waiting period, any decree rendered in violation “is not subject to collateral attack.” This means that if a judge mistakenly grants a divorce before the 60 days have passed, the divorce remains valid and cannot be challenged collaterally based solely on this procedural error. However, judges are well-aware of this requirement and rarely make such mistakes.
💡 Pro Tip: Use the waiting period to create a detailed inventory of all marital assets and debts, as this will be crucial for property division negotiations.
Breaking Down the Texas Divorce Timeline
Understanding how to calculate the 60-day waiting period correctly is essential for planning your divorce timeline. The counting begins the day after you file your Original Petition for Divorce – don’t count the filing day itself. Day 1 is the next day, and you must include weekends and holidays in your count. If day 60 falls on a weekend or holiday, you’ll need to wait until the next business day for your final hearing, depending on Court availability. A Divorce Attorney in Austin, TX can help you calculate these dates precisely and ensure all procedural requirements are met.
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Day 0: Original Petition for Divorce filed with the district clerk
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Day 1-59: Mandatory waiting period begins (cannot finalize divorce)
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Day 60+: Eligible to schedule and attend final divorce hearing, or present final paperwork by submission, if other prerequisites are completed
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Post-hearing: File Vital Statistics Form (VS-165) as required by state law
💡 Pro Tip: Mark day 60 on your calendar immediately after filing, but remember to verify with the court clerk that you’ve calculated correctly before scheduling your final hearing.
How a Divorce Attorney in Austin, TX Can Help Navigate the Waiting Period
While the 60-day waiting period is non-negotiable in most cases, experienced legal counsel can help you maximize this time effectively. During these two months, your attorney can assist with negotiating property division, drafting settlement agreements, and preparing all necessary documentation for your final hearing. This preparation ensures that once day 60 arrives, you’re ready to proceed without delays. Lackey Law understands the emotional and financial stress of divorce proceedings and works diligently to help clients use the waiting period productively rather than viewing it as lost time.
The waiting period also provides an opportunity to address practical matters that often get overlooked in the emotional turmoil of divorce. This includes updating estate planning documents, addressing bank accounts, establishing separate credit, and planning for post-divorce living arrangements. Your attorney can provide a comprehensive checklist of tasks to complete during this time, ensuring nothing important is missed.
💡 Pro Tip: Create a divorce timeline notebook where you document all important dates, deadlines, and tasks completed during the waiting period for easy reference.
Exceptions to the 60-Day Rule: When Courts Can Act Faster
While the 60-day waiting period applies to most divorces in Texas, the legislature recognized that certain dangerous situations require immediate action. Texas Family Code §6.702 provides two specific exceptions where the waiting period can be waived entirely. If you qualify for either exception, consulting with a Divorce Attorney in Austin, TX immediately can help expedite your case and ensure your safety.
Family Violence Convictions and Protective Orders
The first exception applies when “the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence” against the petitioner or a household member. The second exception covers situations where “the petitioner has an active protective order under Title 4 or an active magistrate’s order for emergency protection based on a finding of family violence.” These exceptions recognize that forcing victims of family violence to remain legally married to their abusers for 60 days could pose serious safety risks. If you’re concerned about your safety during divorce proceedings, organizations like the Texas Advocacy Project Hope Line and Crime Victims-Texas Legal Services Center can provide immediate assistance and legal guidance.
💡 Pro Tip: If you believe you qualify for an exception due to family violence, gather all documentation of convictions, protective orders, or police reports before filing to expedite the waiver process.
Financial Considerations During Your Divorce Waiting Period
The 60-day waiting period affects more than just your emotional readiness – it has practical financial implications that require careful planning. Texas divorce waiting period requirements can include maintaining the financial status quo, which means you typically cannot make major financial changes without court approval or mutual agreement. Understanding these restrictions helps avoid costly mistakes that could impact your final settlement.
Managing Divorce Costs and Court Fees
Filing fees for divorce vary by county across Texas and are due at the time of filing. During the waiting period, you should also budget for additional costs such as serving papers to your spouse, obtaining certified copies of documents, and potentially hiring financial advisors or other professionals to assist with complex property division. Travis County divorce filing information indicates that proper financial planning during this period can significantly impact your post-divorce financial stability.
💡 Pro Tip: Create a separate folder for all divorce-related expenses and receipts, for your records.
Frequently Asked Questions
Common Questions About Texas Divorce Waiting Periods
Understanding the 60-day waiting period raises many questions for those going through divorce. Here are answers to the most common concerns we hear from clients navigating this mandatory waiting period.
💡 Pro Tip: Write down all your questions about the divorce process as they arise – even seemingly small concerns can have important legal implications worth discussing with your attorney.
Next Steps After Filing for Divorce in Texas
Once you’ve filed your petition and begun the 60-day countdown, knowing what to expect helps reduce anxiety and ensures you’re prepared for each stage of the process. The waiting period is just the beginning of your journey toward finalizing your divorce.
💡 Pro Tip: Use online resources and calendars to track filing deadlines and stay informed about any changes to court procedures or requirements.
1. Can my spouse and I waive the 60-day waiting period if we agree on everything?
No, the 60-day waiting period cannot be waived simply because both parties agree. Texas law only allows waiver in cases involving family violence convictions or active protective orders. Even in the most amicable divorces where all terms are agreed upon, you must wait the full 60 days before the court can grant your final decree.
2. What happens if I need to file for divorce but haven’t lived in Texas for six months?
Texas has strict residency requirements for divorce. You must have lived in Texas for at least six months and in the county where you’re filing for at least 90 days. If you don’t meet these requirements, you’ll need to wait until you do, or consider filing in a state where you meet residency requirements. An experienced attorney can help you determine your options based on your specific situation.
3. Do weekends and holidays count toward the 60-day waiting period?
Yes, weekends and holidays are included in the 60-day count. The waiting period is calculated in calendar days, not business days. However, if your 60th day falls on a weekend or court holiday, you’ll need to wait until the next business day when the court is open to schedule your final hearing.
4. What specific tasks must I complete during the waiting period in Travis County?
In Travis County, if you are representing yourself, you must contact the Travis County Law Library for a mandatory case review during the 60-day waiting period. Additionally, you’ll need to prepare all required documentation for your final hearing, including completing the state-mandated Vital Statistics Form (VS-165) that must be filed with your final decree.
5. Can I start dating during the 60-day waiting period?
While you’re legally still married during the waiting period, Texas is a no-fault divorce state, meaning dating won’t affect your ability to get divorced, but it can have other implications for your case. However, dating during this period could impact child custody decisions or property division if it affects marital assets. It’s best to discuss your specific situation with your attorney before making decisions that could affect your case outcome.
Work with a Trusted Divorce Lawyer
The 60-day waiting period in Texas divorce cases serves important purposes, but navigating this time effectively requires understanding both the legal requirements and practical considerations. While the wait might feel frustrating, using this time wisely with proper legal guidance can lead to better outcomes and a smoother transition to your post-divorce life. Whether you’re dealing with complex property division, child custody matters, or simply need help understanding your rights and options, having experienced legal counsel makes a significant difference. Remember that every divorce case is unique, and what works for one situation may not be appropriate for another. Taking the time to understand the process and work with professionals who can guide you through each step helps ensure your interests are protected throughout the proceedings.
Make those 60 days work for you! At Lackey Law, we’re on hand to help you skillfully navigate the waiting period and set the stage for your new beginning. Reach out today for insightful guidance—either contact us or give us a call at 888-705-0307.
