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Phone: (830) 775-6056    Fax: 866-877-5852   Email: mireleslawoffice@gmail.com
209 Spring Street Del Rio, Texas 78840

1)  the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner's household; or

(2)  the petitioner has an active protective order under Title 4 or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.” See Texas Family Code Section 6.702.

Divorce and the Texas Family  Code

If you are filing for divorce Texas law requires a 60 days waiting period. This is explained in Section 6.702 of the Texas Family Code.

“Sec. 6.702.  WAITING PERIOD.  (a)  Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed.  A decree rendered in violation of this subsection is not subject to collateral attack.                      (b)  A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in  civil cases generally.

(c)  A waiting period is not required under Subsection (a) before a court may grant a divorce  in a suit in which the court finds that:


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