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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:
As a general rule, an uncontested divorce in Texas usually contains the following documents, but again the following list may not be complete for your personal situation and circumstances.
The common documents are:
If the case involves the division of certain retirement accounts the court may require a Qualified Domestic Relations Order (QDRO). In addition, there may be additional documents that are wise to complete as part of the “divorce process.” A common example is a quit claim deed. This is needed if one spouse is awarded any real property (house/land) as part of the divorce. A quit claim deed simply transfers the other spouse’s interests in the property to the spouse awarded the property.
As explained above there are number of factors that determines which Texas divorce documents are needed in your specific case, as well as what language should or shouldn’t be contained in the documents. You can read our recommendation by clicking here.
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