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Ready to Move Forward? What You Need to Know About Texas’s Mandatory Divorce Waiting Period
If you’ve filed for divorce in Texas, you’ve likely discovered a hard truth: even when both spouses agree on everything, the court cannot finalize your divorce until at least 60 days have passed since filing. This mandatory waiting period, established under Texas Family Code §6.702, applies to almost every divorce case in the state—whether contested or uncontested. The waiting period begins the day after you file your Original Petition for Divorce, not on the filing day itself. When counting those 60 days, include weekends and holidays, but if the 60th day falls on a weekend or court holiday, your earliest possible finalization date moves to the next business day. For many people already emotionally prepared to close this chapter, the wait can feel frustrating. But understanding why this period exists and how to use it productively can make all the difference in your case outcome and peace of mind.
💡 Pro Tip: Use the 60-day period strategically. Gather financial documents, explore custody arrangements if children are involved, and confirm that all paperwork is accurate before your finalization hearing. This preparation can prevent delays once the waiting period ends.
Dreaming of a fresh start or facing a complex divorce process? Let Angela Faye Brown & Associates be your ally on this journey. Don’t navigate it solo when clear guidance is just a call away. Dial 713-936-2677 or contact us today to take charge of your future with confidence.
How a Family Law Attorney in Austin, TX Can Help You Understand Texas Divorce Laws
The 60-day waiting period is sometimes called a "cooling-off" period because Texas lawmakers designed it to give couples time to reconsider their decision before making it permanent.
You cannot finalize your divorce until the 61st day or later. This rule applies even in uncontested divorces.
Whether you view this as an opportunity for reflection or simply a procedural hurdle, the law applies equally to everyone—with very limited exceptions. A Family Law Attorney in Austin, TX can help you understand exactly how these rules affect your specific situation and timeline. Under Texas Family Code §6.301, to file for divorce in Texas, either you or your spouse must have been a domiciliary of Texas for at least six months and a resident of the county where you’re filing for at least 90 days prior to filing. This residency requirement must be satisfied before the 60-day clock even begins. Many people mistakenly believe that agreeing on all terms with their spouse will allow them to bypass this wait, but that’s not how Texas law works.
Even uncontested divorces are subject to the 60-day waiting period.
💡 Pro Tip: If you’re uncertain whether you meet Texas’s residency requirements, consult a lawyer before filing. Filing in the wrong county could lead to dismissal or transfer of your case, adding significant delays.
Step-by-Step: How the Texas Divorce Process Unfolds After Filing
Once you file your Original Petition for Divorce with the district clerk, the 60-day countdown officially begins the following day.
In most cases the Petition must be on file for at least 60 days before you can go before the judge for a final hearing.
If you’re filing in Travis County, you can file in person at the Civil & Family Courts Facility at 1700 Guadalupe Street or electronically through eFileTexas. The official base filing fee for a Petition for Divorce in Travis County is $350; if the case involves children, an additional $15 DRO Operations Fund fee applies (making the total $365). Additional issuance and service charges (for example, an $8 citation issuance fee and a typical $85 constable service fee) may also apply. A Family Law Attorney in Austin, TX familiar with local procedures can help ensure your paperwork is complete and properly filed the first time, avoiding common errors that cause delays.
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Gather key documents before filing, including your marriage date, children’s birthdates, current addresses, and financial records. Prepare your Original Petition for Divorce with all required details.
- File your petition with the appropriate district clerk and pay required filing fees. In Travis County, self-represented individuals must also schedule a mandatory case review with the Travis County Law Library during the waiting period.
- Serve your spouse with the divorce petition. If your spouse agrees, they can sign a waiver of citation. Otherwise, a neutral third party must physically deliver the petition and citation to satisfy legal notice requirements.
- Use the 60-day waiting period to negotiate and finalize agreements on property division, spousal support, and if applicable, child custody and support. This is your window to reach a settlement.
Once the 60 days pass, your case may be ready to finalize. If the divorce is uncontested, and you and your spouse agree on everything, you can submit a final decree to the judge. One party usually appears in court for a short hearing.
💡 Pro Tip: Don’t wait until day 60 to schedule your finalization hearing. Courts have busy dockets, and you may need to wait additional days or weeks for an available slot. Start coordinating with the court well before the waiting period ends.
Moving Forward: How Angela Faye Brown & Associates Supports Your Divorce Journey
While the 60-day waiting period is mandatory under Texas law, it doesn’t mean you have to navigate this time alone or without direction. Angela Faye Brown & Associates has extensive experience guiding clients through family law matters in Texas, including every phase of the divorce process. Working with a Family Law Attorney in Austin, TX ensures your rights are protected and that all legal requirements are met accurately and on time. During the waiting period, your attorney can help you negotiate key terms with your spouse, identify potential issues before they escalate into disputes, and prepare all necessary documentation for a smooth finalization hearing. If your case involves contested issues like property division or custody, having qualified legal representation becomes even more important. Contested divorces can extend well beyond the 60-day minimum—
in many contested cases, it is not unusual for a divorce to take anywhere from six months to a year (or even longer) if the disagreements are very complex.
💡 Pro Tip: Even if your divorce seems straightforward, a brief consultation with a family law attorney can reveal issues you might not have considered, such as how retirement accounts are divided or tax implications of property transfers.
Exceptions to the 60-Day Rule: When Texas Courts May Waive the Waiting Period
Texas law recognizes that some circumstances require faster action than the standard 60-day timeline allows. According to Texas Family Code §6.702(c), there are only two exceptions that allow a divorce to be finalized sooner than 60 days. First, if your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the waiting period is waived. Second, if you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during the marriage, the waiting period is also waived.
Texas recognizes that situations involving family violence are unique. If the person filing for divorce (the "petitioner") has a protective order or emergency protection order against the other spouse due to violence that occurred during the marriage, the 60-day waiting period may not apply.
These exceptions exist to prioritize the safety of victims over procedural timelines. A Family Law Attorney in Austin, TX can help you understand whether your situation qualifies and assist with obtaining necessary protective orders if needed.
Understanding the Family Violence Exceptions
If you are in an unsafe situation, Texas law prioritizes your protection. However, qualifying for a waiver requires proper documentation—simply claiming abuse is not sufficient. You will need to provide evidence such as police reports, court records showing a conviction or deferred adjudication, or proof of an active protective order. It’s worth noting that the standard 60-day waiting period does not apply to annulments or to court declarations that a marriage is void under Texas Family Code §6.702(b). If you believe your marriage may qualify as void (for example, due to bigamy or certain relationship prohibitions), an entirely different legal process may apply to your case. For comprehensive guidance on protective orders and their interaction with divorce proceedings, the Texas Family Code Chapter 6 – Dissolution of Marriage provides the statutory framework.
💡 Pro Tip: If you fear for your safety, call the National Domestic Violence 24-Hour Hotline at 800-799-SAFE (7233). You can also reach the Texas Advocacy Project Hope Line at 800-374-HOPE for legal assistance with protective orders and divorce in family violence situations.
Making the Most of Your 60-Day Waiting Period
Rather than viewing the 60-day waiting period as dead time, consider it a valuable window for preparation and planning.
Focus on stability, gather your documents, and avoid unnecessary conflict. Whether your case ends smoothly or heads to trial, what you do during these 60 days sets the tone for everything that comes next.
This time allows you to organize your finances, understand your marital assets and debts, and make thoughtful decisions about property division rather than reactive ones. If children are involved, use this time to discuss and draft a parenting plan that serves their best interests. A Family Law Attorney in Austin, TX can help you develop proposals that are fair, legally sound, and more likely to be approved by the court. Even couples who begin with significant disagreements often find that using this time for mediation or negotiation leads to better outcomes than rushing to court.
Practical Steps During the Waiting Period
Start by compiling a comprehensive inventory of all marital property, including real estate, vehicles, bank accounts, retirement funds, and personal property of significant value. Document debts as well—credit cards, mortgages, loans, and any other obligations. You should also review your budget and consider your post-divorce financial needs. Many people underestimate how their living expenses will change after divorce, and realistic financial planning now can prevent hardship later. For those seeking additional resources, the Texas divorce guide without minor children available through TexasLawHelp offers step-by-step instructions and forms for uncontested divorces.
💡 Pro Tip: If you and your spouse can reach agreement on all major issues before the 60 days expire, your divorce can potentially be finalized on day 61. Having all paperwork complete and an agreement signed saves time and reduces legal costs.
Frequently Asked Questions About the Texas Divorce Waiting Period
Common Concerns About the 60-Day Timeline
The mandatory waiting period raises many questions, particularly for those eager to finalize their divorce quickly. Below we address the most common concerns we hear from clients across Texas. Understanding the answers to these questions can help you plan more effectively and set realistic expectations for your divorce timeline.
💡 Pro Tip: Write down all your questions before meeting with a family law attorney. A prepared list ensures you address everything important and helps you make the most of your consultation time.
What to Expect After the Waiting Period Ends
If both parties agree on all issues, including property division and child custody, and have signed an agreement, the final decree can potentially be granted on the 61st day. On day 61, a judge is not obligated to grant the divorce, as complex cases might require more time.
Even with everything in order, court schedules may affect when your hearing can be set. Contested cases typically require additional steps including discovery, mediation, and potentially trial, extending the timeline well beyond 60 days.
💡 Pro Tip: Once your divorce is finalized, remember that Texas law requires you to wait at least 31 days before remarrying someone other than your former spouse. Plan accordingly if you have future wedding plans.
1. How long does a divorce take in Texas if both parties agree?
The fastest a divorce can be finalized in Texas is 61 days after filing the divorce petition, which includes the mandatory 60-day waiting period. This timeline assumes both parties agree on all terms, all paperwork is correctly prepared, and the court has availability to hear your case promptly after the waiting period ends.
2. Can the 60-day waiting period be shortened or waived in Texas?
In limited circumstances, yes. Texas Family Code §6.702(c) allows the waiting period to be waived if your spouse has been convicted of or received deferred adjudication for family violence against you or a household member, or if you have an active protective order or magistrate’s emergency protection order against your spouse based on family violence. Outside of these specific situations, the 60-day waiting period is mandatory and cannot be waived by the court.
3. What happens if a divorce is granted before 60 days have passed?
Under Texas Family Code §6.702, a divorce decree rendered before the 60th day in violation of the waiting period requirement cannot be subject to collateral attack. This means while the divorce granted in error would technically stand, it could potentially be challenged through a direct appeal. To avoid these complications, it’s essential to wait until the proper time has passed before seeking finalization.
4. How much does it cost to file for divorce in Travis County?
In Travis County, the filing fee for a Petition for Divorce is $350. If the case involves children, an additional $15 DRO Operations Fund fee applies (total $365). The county charges $8 to issue a citation, and service of that citation by a Travis County constable typically costs about $85. If you cannot afford these fees, you may request a waiver by completing and filing a Statement of Inability to Afford Payment of Court Costs.
5. Do I need an attorney for an uncontested divorce in Texas?
While Texas law does not require you to have an attorney for an uncontested divorce, working with a Texas Family Law attorney can help ensure your paperwork is correct, your rights are protected, and potential issues are identified before they become problems. Even in seemingly simple cases, mistakes in property division or other matters can have long-lasting consequences. Many people find that the peace of mind provided by professional guidance is well worth the investment.
Work with a Trusted Family Law Lawyer
Divorce is one of life’s most challenging transitions, and having the right legal support makes a meaningful difference. A Texas Family Law lawyer brings knowledge of local court procedures, experience handling cases similar to yours, and the ability to advocate effectively on your behalf. Whether you’re facing an uncontested divorce where you simply need guidance through paperwork, or a contested matter involving difficult negotiations, Angela Faye Brown & Associates is prepared to help. Taking the first step by reaching out for a consultation can provide clarity on your options, realistic expectations about timelines and costs, and confidence that your interests are being protected. Texas divorce laws can seem overwhelming at first, but with the right support, you can move forward toward a brighter future.
Ready to make a fresh start with confidence? Connect with Angela Faye Brown & Associates for guidance that paves the way toward a clearer future. Reach out at 713-936-2677 or contact us today to take that important step forward.
