Why Does Texas Require a 60-Day Waiting Period for Divorces?

LIGOT DIZON LAW

·April 19, 2025

·10 min read

Why Does Texas Require a 60-Day Waiting Period for Divorces? — Image Source: pexels

In Divorce Texas cases, the state encourages individuals to think carefully before proceeding. The mandatory 60-day waiting period allows time for reflection and reconsideration. This pause helps reduce heightened emotions and promotes clearer thinking. Many couples going through a Divorce Texas process use this time to prepare both emotionally and legally. The waiting period in Texas divorces is designed to prevent hasty decisions and helps families, particularly those with children, adapt to the upcoming changes. This thoughtful approach often leads to better outcomes for everyone involved.

Understanding the 60-Day Waiting Period in Divorce Texas

Legal basis and requirements

In Texas, divorces require a 60-day waiting period by law. This rule gives couples time to think about their decision. It helps prevent rushed choices and encourages careful consideration. During this time, couples can try counseling or mediation. These options may help solve problems, especially when kids are involved.

The waiting period also helps with legal preparation. You can gather documents, settle agreements, and handle money issues. Families with kids can use this time to plan for their care. If family violence is present, the law allows exceptions to protect those at risk.

When the waiting period begins

The waiting period starts the day you file for divorce. From that day, the 60-day countdown begins. This rule applies to both contested and uncontested cases. If there are no disagreements, the divorce can finish soon after the waiting period ends.

This time gives both sides a chance to think and prepare. It also allows time to settle disputes and fix any problems. By the end of the waiting period, you are ready to continue the process.

How it fits into the overall divorce timeline

The 60-day waiting period is one step in the divorce process. After filing, you must wait for this time to pass before finalizing the divorce. This pause helps you get ready for the next steps, like court or mediation.

For many, this waiting period is a helpful break. It lets you organize legal and financial details for a smoother process. By the end, you are more prepared to reach a fair solution for everyone.

Why the 60-Day Waiting Period Matters

Time to Think and Possibly Reconcile

The 60-day waiting period lets you think about divorce carefully. This break gives you and your spouse time to decide if ending the marriage is the best choice. Many couples use this time to talk openly or try counseling. These efforts might help you fix problems or at least agree on the next steps.

Taking this pause can lower emotional stress. When feelings are strong, decisions can be rushed or regretted. By waiting, you give yourself time to think clearly. Even if staying together isn’t possible, this time helps you get ready emotionally for what’s next.

Emotional and Mental Health Support

Divorce can be tough, but the waiting period helps you pause and heal. It gives you time to understand your feelings and start moving forward. Studies show that breakups often lead to self-reflection, which can help you grow.

A 2010 Northwestern University study found breakups help people rethink who they are and grow.
Research by David A. Sbarra, Ph.D., shows 79% of divorcees feel mild sadness but still live healthy lives.
A survey by Stephanie S. Spielmann and Anne E. Wilson found new relationships can help people recover emotionally.

Use this time to focus on yourself and your well-being. Therapy, support groups, or personal reflection can help you feel stronger and ready for life after divorce.

Getting Ready Legally and Financially

The waiting period also helps you prepare legally and financially. You can collect important papers like financial records, property deeds, and tax forms. These are needed to create a fair divorce agreement.

During this time, you can work on agreements and talk to lawyers. This ensures all parts of the divorce are handled properly. Good preparation can stop future problems and make things smoother. Experts say this time is key to a fair and peaceful resolution.

By using this time wisely, you can prepare for the divorce process. Whether it’s organizing money or planning custody, this period helps you move forward with confidence.

Protecting children and families

The 60-day waiting period helps protect kids and families in Texas. Divorce is hard for everyone, but kids often feel it the most. This time lets parents focus on their kids' needs and plan carefully.

Kids need stability to feel safe. Divorce can make their world feel shaky. The waiting period gives parents time to think about keeping things normal. You can use this time to talk about custody, visits, and shared duties. Planning early helps lower stress and confusion for kids.

This time also helps you talk to your kids about changes. Use simple words to explain what’s happening. Let them know both parents still love and support them. Honest talks can help kids feel safer during this big change.

For younger kids, parents can use this time to plan co-parenting. Work together to set routines and rules for both homes. This teamwork helps kids feel steady and builds a good co-parenting relationship.

Sometimes, couples may decide to stay together during this time. Thinking things over might show that staying married is better for the family. If not, the waiting period helps parents focus on what’s best for their kids.

The 60-day waiting period isn’t just about time to think. It’s about making sure kids and families are cared for. Using this time wisely can make the divorce easier and help create a stable future for everyone.

Exceptions to the 60-Day Waiting Period

Domestic violence cases

Texas law knows some divorces can't follow the usual waiting rule. If domestic violence happens, you might get an exception. Courts care more about safety than waiting periods. You can show proof of violence to speed up the process.

Domestic violence includes harm, threats, or controlling actions. If this happens, the court may skip the waiting period to keep you safe. Bring police reports, medical records, or witness statements to support your claim.

Tip: If you're in danger, call shelters or hotlines for help. Lawyers can also assist with filing for divorce in these cases.

Family violence or abuse exceptions

Family violence or abuse gives more reasons to skip the waiting time. This includes harm to kids or other family members. Courts act fast to remove people from unsafe situations.

If your kids are harmed, you can ask for an exception to protect them. Evidence like school reports, counseling notes, or child welfare records helps your case. Judges often act quickly to keep children safe.

You can also ask for protective orders during this time. These orders stop the abuser from contacting you or your kids. They add safety while the divorce moves forward.

Other rare legal exceptions

Domestic and family violence are common reasons to skip waiting, but others exist. These include cases of jail time, abandonment, or medical emergencies. Fraud can also be a reason.

For example, if your spouse is in jail, the court may speed up the divorce. If abandonment happens, you can show proof that waiting isn't needed. Judges look at each case carefully before deciding.

Note: If you think your case qualifies, talk to a lawyer. They can help you understand the law and present your case well.

Practical Implications of the Waiting Period

Managing expectations during the process

The 60-day waiting period in divorce Texas cases might feel long. However, knowing its purpose can help you stay calm. This time lets you handle legal and money-related issues. For instance, temporary orders may need court hearings. Custody evaluations can also take weeks to finish. High-conflict cases often need extra hearings, which adds more time.

Court schedules can also affect your timeline. Busy courts may delay trial dates, making the process longer. Mediation or arbitration might speed things up or slow them down. Understanding these factors helps you stay patient during this time.

Tip: Talk to your lawyer and make a clear plan for what’s next.

Steps to take during the waiting period

Doing the right steps during the waiting period makes divorce easier. First, file the Petition for Divorce and give your spouse the papers. Once the waiting starts, focus on reaching agreements. Discuss dividing property, alimony, and custody plans.

Here’s a simple guide:

File the Petition for Divorce.
Serve divorce papers to your spouse.
Wait for the 60-day period to pass.
Work on a divorce settlement.
File the Final Decree of Divorce.

Get ready for the final hearing by collecting important documents. Organize your case to avoid problems. If you’re unsure about anything, ask a family lawyer for help.

How the waiting period can lead to better outcomes

The waiting period gives you time to think and prepare. This helps create better results for everyone involved. You can work through emotions and focus on your mental health. It also allows you to organize legal and financial details, avoiding future arguments.

For families with kids, this time helps parents make stable custody plans. By focusing on your children’s needs, you can reduce their stress. Even in tough cases, this period helps solve problems and find fair solutions.

The waiting period isn’t just a delay. It’s a chance to prepare for life after divorce. Use this time wisely to feel ready and confident about the future.

The 60-day waiting period for Texas divorces is important. It allows time to think, plan, and care for everyone. Though it might seem like a delay, it helps. This time often leads to easier agreements and fewer arguments. Knowing its purpose can help you feel more prepared. Use this period to build a steady future for all.

FAQ

What happens if I don’t wait 60 days to finish my divorce?

Texas law says you must wait 60 days for most divorces. If you try to finish early, the court won’t allow it. You need to follow this rule to meet state laws.

Can the waiting period be skipped for easy divorces?

No, the waiting rule applies to all divorces, even easy ones. Even if you and your spouse agree on everything, you still wait 60 days. This rule ensures both sides are ready and treated fairly.

Does the waiting period count if my spouse ignores the case?

Yes, the waiting period still counts if your spouse doesn’t reply. After 60 days, you can ask the court for a default decision. This lets the court move forward without your spouse’s input.

Can I marry someone else right after my divorce is done?

No, Texas law makes you wait 30 days after your divorce is final. This time is to settle any legal issues, like appeals. In rare cases, the court might let you skip this waiting time.

How can I make good use of the waiting period?

Use this time to collect money records, talk to a lawyer, and plan your future. Take care of your feelings and, if you have kids, make a co-parenting plan. Being ready during this time helps things go smoothly.

Tip: Stay focused and prepared during the waiting period to avoid stress and delays.