The Texas Divorce 60-Day Waiting Period Explained

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. An Austin divorce lawyer can help you plan your case around that period from the day you file.

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.” Texas legislators designed this mandatory pause to give couples time to reconsider their decision, negotiate property division, and arrange child custody matters if applicable. 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.

The wait does not put your case on hold, and other rules can apply while it runs. 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. A spouse can also ask the court for added protection; you can read more about temporary restraining orders in a divorce.

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.

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.

When the 60-Day Clock Starts

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.

Day 0: You file the divorce petition with the clerk
Day 1-59: Mandatory waiting period begins (cannot finalize divorce)
Day 60+: Eligible to schedule and attend final divorce hearing, or present final paperwork by submission, if other prerequisites are completed
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.

The clock can only start once you are able to file at all, which turns on the Texas divorce residency requirements. Reaching day 60 also does not end the case by itself. Someone still has to ask the judge to sign a final decree, and any open issues usually have to be settled or decided first.

Think of the 60 days as a floor, not a forecast. When spouses fight over a business, a large estate or the children, the case can run six months to more than a year. A separate waiting period can also apply after the decree is signed, which our article on remarrying after a Texas divorce covers.

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.

Family Violence Exceptions to the Waiting Period

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 one may apply to you, raise it before you file.

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. Violence at home can also change parenting decisions when children are involved, as explained in how family violence history affects custody.

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.

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.

Spouses who settle their issues during the wait are often ready to finish soon after day 60.

How Annulment and Void Marriage Cases Differ

The waiting period in §6.702 is written for divorce. Its words, quoted above, speak to when a court may grant a divorce. Not every case that ends a marriage is a divorce, though, and the timing can look different for the other kinds.

A divorce ends a marriage that was valid. An annulment asks the court to find that the marriage was never valid at all. A void marriage is generally one the law treats as invalid from the start, so a suit about it asks the court to confirm that it never existed in a legal sense. Because these suits rest on different grounds than a divorce, the 60-day waiting period may not govern them in the same way.

Annulment is also harder to get than many people expect. The grounds are narrow and can include situations such as a marriage entered while one person was impaired or pressured into it, and each ground comes with its own conditions. Property and children can make these cases more complex as well. Our article on annulling a marriage in Texas walks through the basics.

Sometimes the question comes up in the middle of a divorce. For example, a spouse may learn that an earlier marriage was never properly ended, which can raise doubts about whether the current marriage is valid. If that happens, the case may need to change course, and the steps and timing that follow may change with it.

If you are not sure whether your marriage could be annulled or might be void, ask before you file. The type of case you bring can shape the paperwork, the timeline and what the court is able to decide. A few steps help in any of these cases:

Confirm which kind of case fits your facts before you file anything.
Keep your marriage license, any court orders and records about when and how the marriage began.
Ask how long your type of case is likely to take, since it may not follow the divorce timeline.
Plan for property and parenting questions early, because they can slow any of these cases down.