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:

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.


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