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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 and courts are currently “in limbo” regarding same sex divorce. As more and more states begin recognizing same sex marriages, legislatures will need to catch up to put more laws on the books to address issues of divorcing same sex couples.
In October of 2009, a Dallas County judge ordered the divorce of a same sex couple, sparking ongoing debate and further legal battles over the issue. Her ruling has been overturned by an appellate court in Texas. However a separate appellate court in Texas upheld a divorce of a same sex couple in another county. Essentially, until the Texas Supreme Court and/or the United States Supreme Court makes an ultimate decision on this issue, there is no law that allows for the divorce of same sex couples in Texas. It is expected that the Texas Supreme Court will make a ruling on matter in the near future.
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