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March 01, 2024

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On behalf of The Powell Law Firm

| Divorce

How Long Do I Have to Wait to Get Divorced if I am Recently Married?

Divorce is a part of life for many people—and in some cases, it does not take long for a couple to realize that they want to go in another direction. According to data cited by Forbes, approximately 10% of divorces occur within the first 12 months of marriage. This raises an important question: How long do you have to wait to get divorced if you recently got married? The short answer is that you can start the divorce process right away. Here, our Pearland divorce lawyer explains the key things to know about filing for divorce if you were recently married in Texas.

You May Be Able to Annul a Marriage in Certain Limited Circumstances (Must Be Voidable)

In certain limited circumstances, you may be able to annul a recent marriage as an alternative divorce. Whereas divorce ends a marriage, an annulment effectively declares the entire legal relationship void—as if no marriage ever happened. However, annulments are only granted under specific, limited circumstances where the marriage is considered voidable. Some conditions under which an annulment can be sought include situations where one party was under the age of 18 and married without parental consent or court order, either party was under the influence of alcohol or narcotics and could not consent, or fraud/duress was involved

Recently Married Couples in Texas Still Have the Right to File for Divorce

Texas does not require married couples to stick in marriage for any pre-specified period of time. If you know the marriage is wrong after a few months, you have the right to start the divorce process—just the same as any couple who has been married for decades. The process begins when one spouse files a Petition for Divorce with the court.

Note: You must satisfy the residency requirement to file for divorce in Texas. At least one spouse must have lived in the state for the last six months.

There is a Waiting Period to Get a Divorce Finalized in Texas

Even though you do not have to wait to file for a divorce, recently married couples do have to wait—for a bit—to get one. Under Texas law (Texas Family Code Sec. 6.702), there is a 60-day mandatory minimum waiting period before a divorce can be finalized. In other words, once all of the divorce paperwork is filed, you cannot get a finalized divorce in Texas until the 61st day. During this mandatory “cooling off” period, the couple can withdraw the divorce petition. Of course, that is uncommon.

Speak to a Divorce Attorney in Pearland, TX Today

At The Powell Law Firm, our Pearland divorce lawyer can help if you have any questions about filing for a divorce shortly after the start of a marriage, we are here to help. Call us now or contact our legal team online to set up your completely private, no-commitment case review. With a family law office in Pearland, we provide family and divorce representation throughout the area.

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