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Under Texas law, a mandatory 60-day waiting period applies after filing your Original Petition for Divorce with the District Court. This waiting period must pass before a judge can finalize your divorce.
This 60-day requirement — often called a “cooling-off period” — is designed to give both parties time to reflect and possibly reconcile before the divorce becomes final.
Filing your case promptly starts the 60-day clock sooner, helping you reach finalization faster. However, please note that the judge will not sign your Final Decree of Divorce until the 60 days have passed — and not always immediately after. The timing may vary depending on the court’s schedule, the judge’s availability, and local procedures.
Texas Family Code § 6.702(a)
A court may not grant a divorce before the 60th day after the date the suit was filed.
The court may waive the 60-day requirement only in very limited circumstances, such as:
If your divorce involves children your divorce case will require documents and/or legal language to address child custody, parental visitation and child support. Under Texas law a “Parenting Plan” must be included with the Final Decree of Divorce. The Parenting Plan includes the conservatorship (custody) rights of the parents, the visitation schedule, the child support, and also provides for other issues that may affect the child.
As a general rule, an uncontested divorce case with children usually contains the following documents, but again the following list may not be complete for your personal situation and set of circumstances.
The common documents are:
In cases involving the division of certain retirement accounts the court may require a Qualified Domestic Relations Order (QDRO). There could also be additional documents that are wise to complete as part of the divorce process but not required by or submitted to the court. One common example is a quit claim deed. This document is used when one spouse is awarded real property (house/land) and it transfers the other spouse’s interests in the property to the spouse awarded the real property.
The bottom line is that there are number of factors that determine what documents are needed in any divorce case as well as what language should or shouldn’t be contained in the required documents. Read our recommendation by clicking here to learn how to get legally accurate and complete case documents online.
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