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Can I Waive the 60-Day Waiting Period for a Divorce?

Waive the 60-Day Waiting Period for a Divorce

Texas has a mandatory sixty-day waiting period from the date a person files an Original Petition for Divorce before they are eligible to formally receive a divorce from the Court. This is outlined in Section 6.702 of the Texas Family Code. In almost all circumstances, you will be required to wait the statutorily-required sixty days before you are able to finalize your divorce.

How to Wave the 60-day Waiting Period

The sixty-day waiting period is not required in two cases, annulment/void marriage and cases involving family violence.

A. Annulment or Void Marriage

The waiting period is not mandatory for an annulment and/or void marriage because the Court is making a finding that there is no marriage, thus there is no requirement for a waiting period. In Texas, an annulment is a legal process that declares a marriage was never valid in the first place. To learn more about the difference between an annulment and divorce.

B. Family Violence

Two Exceptions to the 60-day Waiting Period:

The court may waive the 60-day waiting period and grant the divorce in cases where the court finds that:

(1) The respondent has been formally convicted of or has received deferred adjudication for an offense involving family violence against the petitioner (person who filed for divorce) or a member of the petitioner’s household;

(2) The petitioner has an active protective order or an active magistrate’s order for emergency protection against their spouse based on a finding of family violence committed during the marriage.

If you have any questions about mandatory waiting periods in Texas or if you believe you may be eligible to have it waived, please contact the Ramos Law Group, PLLC or visit us on the web at ramosfamilylaw.com.

Last Updated on August 8, 2023 by Mary E. Ramos

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Mary E. Ramos

Mary E. Ramos is Board Certified in Family Law by the Texas Board of Legal Specialization. She is recognized and respected throughout the Houston legal community for dedication in effectively representing clients’ rights and interests. Mary understands the emotional side of divorce and brings a special compassion to each and every case.

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