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When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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February 14, 2025

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On behalf of The Powell Law Firm

| Divorce

Is There a Waiting Period Before I Can Finalize My Divorce?

Are you preparing for a divorce in Texas? You may be wondering how long you should expect the process to take. The answer will depend on many case-specific factors, including whether you and your spouse can reach a settlement. Notably, there is a 60-day waiting period for a divorce to be finalized in Texas even after all the paperwork is in. Here, our Pearland divorce lawyer explains the key things to know about the waiting period for a divorce in Texas.

Know the Law: 60-Day Waiting Period for a Divorce in Texas

Texas has a mandatory waiting period for divorce. Under Texas law (Texas Family Code § 6.702), “the court may not grant a divorce before the 60th day after the date the suit was filed.” In other words, you and your spouse must wait at least two months after filing divorce paperwork before your separation can be finalized. Imagine that you are getting an uncontested, no-fault divorce in Pearland. You and your spouse agree on everything after negotiating with a lawyer and are ready to file the paperwork. It will be at least 60 days after that divorce paperwork is filed before the divorce can be granted by a Texas court.

Note: A divorce can be withdrawn while pending in Texas, including during the 60-day waiting period. If both spouses agree to stop the divorce, the petitioner (the spouse who filed) can request a nonsuit by filing a motion to dismiss the case.

The Exception: Court Can Waive the Waiting Period in Cases of Domestic Violence

There is one major exception to the Texas mandatory waiting period for divorce: A divorce can be finalized without a waiting period for cases involving domestic violence. The law allows the court to grant an expedited divorce (waive the waiting period) if the petitioner or their child has been a victim of family violence. To qualify for this exception, there must be a protective order in place or the abuser must have been convicted of a criminal domestic violence offense.

Many Factors Can Impact the Duration of the Divorce Process in Texas

While the waiting period is designed to help ensure due process, it does not guarantee a divorce will be finalized on day 61 after a divorce petition is filed. Quite the contrary, the process could be delayed for a wide range of different reasons. Uncontested divorces —those being the ones where both spouses can reach an agreement on all key issues—can be resolved soon after the waiting period ends. However, contested divorces that require litigation can take far longer.

Contact Our Pearland, TX Divorce Lawyer Today

At The Powell Law Firm, our Pearland divorce attorney has the skills and experience that you can rely on. If you have any questions about the waiting period for a divorce, please do not hesitate to give us a call now or contact us online for a fully confidential consultation. With an office in Pearland, we provide family and divorce representation across the wider region.

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