Many states require a mandatory waiting period before a divorce can be finalized, giving couples time for potential reconciliation and preventing a divorce from being granted on an emotional whim. Some states also impose separation periods before a no-fault divorce can proceed. Texas is one of them.
The 60-Day Waiting Period in Texas
Texas Family Code Section 6.702 requires a mandatory 60-day waiting period after a divorce petition is filed before the court can grant the divorce. This period begins on the date the petition is filed, not the date the other spouse is served. The rule applies whether the divorce is contested or uncontested, and it gives both parties time to negotiate terms, attend mediation, or reconsider the decision altogether.
The most common ground for a Texas no-fault divorce is insupportability, commonly known as irreconcilable differences. Under this ground, a spouse does not need to prove wrongdoing, only that the marriage has become insupportable due to discord or conflict that destroys the legitimate purposes of the marriage relationship and offers no reasonable expectation of reconciliation. Texas spouses who have lived apart without cohabitation for at least three years may also rely on that separation as grounds for divorce under Family Code Section 6.006, though Texas classifies this as a fault ground rather than part of its no-fault process.
Exceptions to the Waiting Period
Texas law allows a court to waive the 60-day waiting period in cases involving family violence, specifically when:
- The respondent has a final conviction or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household
- The petitioner holds an active protective order, or an active magistrate’s order for emergency protection, based on a finding of family violence
What the Waiting Period Means for Your Case
The 60-day period is a floor, not a ceiling. An uncontested divorce with all issues resolved can often be finalized shortly after the waiting period ends, while a contested case involving property division, custody, or support can take considerably longer. Even when both spouses agree on every term, a Texas court cannot sign a final decree before the statutory period has run.
Texas does not recognize covenant marriage as a distinct legal status, so the standard 60-day waiting period and grounds described above apply regardless of how a couple characterized their marriage at the time it was formed.
Because every case involves different circumstances, speaking with an attorney early in the process helps set realistic expectations. If you are considering divorce, Brandy Austin Law Firm can review your circumstances and guide you through each stage of the process. Contact us today to discuss your case.