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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:
In order to file for divorce in Texas, there must first be a ground for divorce listed in the Original Petition for Divorce. There are several grounds in the Texas Family Code, including cruelty, adultery, and abandonment. However, by far, the most common ground for divorce is the ground of insupportability.
Insupportability is the ground that does not blame either spouse for the divorce. This ground is also commonly referred to as “no fault” divorce.
The spouse who files for divorce is called the Petitioner. The other spouse is known as the Respondent.
In order to file for a divorce in Texas: (i) you and/or your spouse must have lived in Texas for at least six months before filing for divorce; and (ii) you must file in the district court in the county in which either you or your spouse has lived for at least ninety days.
Before a divorce in Texas may be finalized, there is a required 60 day waiting period. This simply means that at least 60 days must pass from the date of initial filing the petition with the court before a judge may finalize (approve) the divorce decree that ends the marriage.
Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Courtesy of: Texas Constitution and Statutes
×Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
Courtesy of: Texas Constitution and Statutes
×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.
Courtesy of: Texas Constitution and Statutes
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