What is the 60 Day Waiting Period Divorce Texas?

Is your marriage coming to an end, leaving you unsure about the legal steps ahead? Don’t worry – we’ve got your back!

We understand you’re eager to turn the page and start a new chapter in your life. But here’s the thing: Texas divorce law throws a curveball with its 60 day waiting period before you can finalize your divorce. It’s crucial to get a handle on this process so you can plan carefully and ensure your rights are protected every step of the way. 

At Warren & Migliaccio, we’re not just another law firm. We’re your partners in this journey, standing right beside you with a comprehensive guide to help you navigate the Texas divorce process. Let’s break down what this 60 day waiting period really means for you and your future.

Understanding the 60 Day Waiting Period Divorce Texas

Because divorce can be really stressful and sometimes people make quick decisions they regret, Texas law requires a 60 day waiting period after you file for divorce, as well as meeting specific residency requirements.

The 60-day waiting period starts when you file for divorce. So, you and your partner must wait 60 days before the divorce becomes official. However, most divorces take longer due to complex terms needing resolution.

Why is there a 60 Day Waiting Period?

Many people hate this long waiting period, feeling stuck and eager to move on, whether it’s from a traditional marriage or a common law marriage. However, there’s a positive side to consider.

Divorce is more than just ending your marriage. It’s not just about you and your partner. It also involves dividing property, securing temporary orders, and protecting everyone’s rights, according to Texas divorce law.

It offers divorcing couples a great amount of time to:

1. Reflect on the decision: Divorce is a tremendous step, and this time allows couples to carefully consider their decision.
2. Try reconciliation: Sometimes, couples settle their issues and get back together during this period.
3. Plan for the future: Crucial issues need to be urgently settled with careful planning. Issues like child custody, property division, and alimony settlement take time. Therefore, they are settled in this period to secure their respective rights.  

After couples settle these matters, the court finalizes the divorce once the 60-day period ends.

Can I Skip the Texas Divorce Waiting Period?

Couples often wonder if they can bypass the mandatory waiting period for divorce. In Texas, the law usually requires a 60-day waiting period. However, there are two exceptions where this waiting period, often called the “cooling-off period,” can be skipped:

1. If one spouse has been charged with domestic violence against the other spouse or a household member.
2. If there is an active protective order against one spouse due to domestic violence during the marriage. 

Divorce can be challenging, especially in high-conflict cases. If you’re afraid to seek divorce from an abusive partner, you can also contact various Texas support programs to get help. It’s always wise to have an experienced divorce attorney to protect your rights.

What to Do During the Waiting Period? 

Before your divorce is made official, here’s what you need to do:

1. Collect all your financial and legal data: It’s important to gather all your financial statements, credit cards, property deeds, tax returns, and any relevant divorce forms.
2. Settle child custody and visitation: Another crucial step is to create a parenting plan that includes everything, including how you plan to share child custody.
3. Request Temporary Orders: You may also need to request a temporary order to address these issues until the final divorce decree is issued. 
4. Seeking Divorce Mediation: Mediation can help resolve divorce issues amicably. A mediator facilitates discussions to help you and your spouse reach agreements on key matters.
5. Property Division: Make sure you’ve also resolved all property division matters. High net worth divorces may require more complex asset division.

Since these processes have legal implications, make sure you consult a divorce lawyer to help you make informed decisions.

How Long Should I Wait to Remarry? 

Remarriage after an unsuccessful previous marriage experience can be challenging. Texas Law requires you to wait 30 days before remarrying from the date of the finalization of divorce.  This only applies if you choose to marry a third person. However, if both spouses want to get back together, they are free to do so.

This brief period allows time for emotional reflection before entering a new marriage. Consider personal factors before making hasty decisions about new relationships.
Evaluate financial goals and child custody arrangements to avoid impacting new partnerships negatively. 

You’re legally married until your divorce is final, regardless of living arrangements. Starting a new relationship before divorce is considered adultery. This could impact your divorce terms.

What to Expect After the Waiting Period?

Once the 60 day waiting interval has ended and all the necessary documentation, including any required court orders, has been completed, you can finalize your divorce. 

1. Create a final, legally binding agreement about property division and spousal support.
2. Decide if you need alimony. If yes, you need to establish clear terms for your alimony as well. 
3. The final step to end your marriage is to get a divorce decree.

With these steps completed, you are ready to close this chapter and start a new life.

FAQs in Relation to the 60 Day Waiting Period Divorce in Texas

Q1: Can I skip the 60 day waiting period for divorce in Texas?

The 60 day duration may be waived in divorce cases where a spouse is convicted of abuse that meets the legal definition of a crime against the filing spouse or another family member.

Q2: Is it mandatory to consult a lawyer during the 60 day waiting period?

Not necessarily. If all divorce terms are agreed upon between the spouses, and there are no minor children or property involved in the case, an attorney is not required.

However, in cases where there is a more complicated divorce situation, it’s recommended to hire a professional lawyer for the protection of your rights.

Q3: Can I speed up the divorce process in Texas?

In cases of uncontested divorce where both parties legally desire to dissolve the marriage quickly with no points of argument, it’s possible to have a less contentious divorce with a waiver.

Q4: How soon can I remarry after finalizing my divorce in Texas?

Texas Law allows a person to remarry 30 days after getting divorced, with no exceptions to this waiting period since it’s a mandatory legal requirement.

Q5: Can I date during the 60-day divorce waiting period in Texas?

Technically, you’re still considered married during the waiting period, so dating could be viewed as adultery and potentially impact your divorce terms.

Wrapping Up Your 60 Day Waiting Period Divorce Texas Guide

Divorce marks the end of a long chapter, often necessary for personal growth. While navigating through the 60 day waiting period may be challenging, it’s crucial to understand the legal divorce proceedings in your state. By familiarizing yourself with the laws and engaging in the process, you can protect your own interests, whether financially or regarding your family.

If you still feel overwhelmed, we encourage you to speak to our legal experts and schedule a consultation at (888) 584-9614.  You can also visit our website to get helpful resources.