What is the Divorce Waiting Period in Texas? - Bineham & Gillen

divorceWhat is the Divorce Waiting Period in Texas?

September 9, 2020by James Gillen

If you are thinking about getting a divorce in the state of Texas, you may be wondering about the waiting time. The divorce waiting period in Texas is at least 60 days. Here’s what to expect and the best ways to go about the filing process.

Waiting Period

The 60-day waiting period begins the day after a spouse files a petition for divorce – not the day of the filing. The waiting period was created to give the couple time to reconcile or decide if the divorce is actually something they want to go through with. In Texas, it is allowed for the divorce filing to be dropped if the couple changes their mind. Otherwise, if both parties come to an agreement about the filing, the papers can be signed and the divorce finalized. If not, the waiting period may last longer.

Even if both parties agree, a divorce can take 90-120 days to finalize, depending on how busy your county court may be at the time you file the divorce.

Exceptions to the waiting period

The only exception to the waiting period is if there is family violence. Families with an abuser have the option to proceed with the divorce quicker than a typical divorce. Also, the waiting period does not apply to all family law cases, such as child custody and child support cases. It only applies to divorce cases.

Most effective way to file for divorce

It may seem obvious, but if both you and your spouse come to an agreement to separate, then it will be quick and easy. Less time in court, less dispute and less stress. This does not mean that the waiting period will be shorter, but the process will not be as complicated.

The most effective way to file for a divorce is if you file first. You have the advantage of time on your side, choosing a lawyer that you trust with ample time and having your petition and papers read first by a judge. You will have your story told first and a strategy advantage of planning everything beforehand.

If you are in need of a lawyer to help guide you through the divorce process, contact Bineham & Gillen today.