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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:
Texas laws do not have any provisions to allow “legal separation.” Because there is no legal separation in Texas, the best thing to do is to file for divorce if the marriage is beyond repair and you desire a court order to address any matters that require immediate attention. Once a divorce is filed (initiated), the court can issue Temporary Orders to protect the spouses’ property, order which spouse may live in the family home, and address custody, visitation and child support for any minor children born during the marriage.
Temporary orders may be necessary when matters require action before the divorce is finalized. The minimum waiting period before a Texas divorce can be finalized is 60 days. In cases involving contested matters requiring the judge to make rulings, cases may take months to reach finality. Any temporary orders that are put in place are just that, temporary, until the final divorce decree is signed finalizing the divorce. Once the divorce is finalized, temporary orders essentially go away, and everything in the divorce decree becomes the new, final, orders of the court. The divorce decree spells out the court’s order regarding division of property and debts, spousal support, if any, and all child related matters.
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