What is the Waiting Period for Divorce in Texas?

A frequently asked question by Houstonians about their divorce is “What is the waiting period for divorce in Texas?”

Short answer: In most cases, there is a 60-day waiting period before spouses can finalize their divorce.

Often, there is a second follow-up question: “How long do I have to wait to re-marry after my divorce is final?”

Short answer: If a spouse wishes to remarry after the divorce has been finalized, they must wait at least 31 days. The divorce process can be confusing. Therefore, questions about Texas divorce waiting periods are common.

Waiting Period for Divorce in Texas

If one of the spouses has been a Texas resident for at least six months and has been a resident of the county where that spouse currently lives for at least 90 days, that person is eligible to file for divorce in a Texas family court.

It is not necessary that both spouses meet this residency requirement—only one spouse needs to do so. The Texas Family Code does not require that the marriage take place in Texas in order to file for a Houston divorce. So, if a couple was married in Louisiana and one spouse had lived in Harris County for the past few years, they could obtain a divorce in Texas.

Once the residency requirements are met, the shortest period to get divorced in Texas is 60 days from the date the petition for divorce is filed.

Generally, to get a final decree of divorce entered on the 61st day after filing the petition, the parties agree on all property and child custody issues and have signed an agreed divorce decree that is presented to the court.

It is important to note that just because there is a 60-day waiting period does not mean that judges will automatically grant all divorces on the 61st day. Not every divorce is ready to be finalized after 60 days, as some cases require more time.

The 60-day rule does not apply to actions for annulment or in cases where the marriage is declared void. Instead, this Texas divorce waiting period is a 60-day “cooling off” time for spouses to fully consider whether to dissolve their marriage.

How It Works

If a spouse wishes to begin the divorce process, they will start with the petition. The petition is prepared by the spouse or their attorney and signed by the petitioning spouse. The petition is then filed with the court, which will formally commence the divorce process.

After the petition is filed, the other spouse must receive legal notice. This can be accomplished in one of two ways: waiver of citation or service of citation. If both spouses are on reasonably good terms, or the other spouse expects the divorce, it may be easiest to get a waiver of citation.

The spouse must sign a waiver of citation as proof that they’ve received proper legal notice.

On the other hand, if the spouse does not agree to sign a waiver, the petitioning spouse will need to serve legal notice. This typically requires having a neutral third party physically deliver the divorce petition with citations to the spouse to satisfy legal notice.

After these steps have been taken, the 60-day waiting period will commence. Within those 60 days, spouses will have the opportunity to come to an agreement or settlement. If the spouses cannot agree, the divorce may take over 60 days to finalize.

Exceptions to the Texas Divorce Waiting Period

Typically, every divorcing couple must wait the mandatory 60 days before they can finalize their divorce. However, two exceptions would lessen the amount of time:

• If one of the spouses has been convicted of a crime involving family violence; or
• If one of the spouses has a protective order against the other spouse for violence during the marriage.

If violence is involved, a judge can waive the 60-day waiting period and grant the divorce much sooner.

Waiting Period to Remarry

Even after the divorce decree has been signed, the parties are not immediately free to marry another person.

The Texas Family Code provides that neither spouse in a divorce can remarry a third party (anyone other than their former spouse involved in the recent divorce) until 31 days after the divorce decree was signed.

However, the former spouses can remarry each other at any time – and while this does not occur frequently, it does happen more often than one might think! Family law courts in Houston can waive the 31-day Texas divorce waiting period to remarry so long as “good cause” is shown.

An example might include a divorced spouse assuming the divorce process would not last as long as it did and not building in enough time between the divorce and the wedding date.

In these circumstances, the divorced spouse and his bride-to-be may have spent non-refundable money on a venue for the wedding, catering, etc.

In situations like this, the court has discretion to waive the 31-day Texas divorce waiting period to accommodate the remarriage.

Contact Our Lawyers With Your Texas Divorce Waiting Period Questions

The Larson Law Office has had the privilege of representing many clients seeking divorce. Our top-rated divorce attorneys are dedicated to helping clients feel seen and heard while providing quality legal representation. We understand the challenges that divorcing couples face and are ready to help you every step of the way.

Contact our office to schedule a complimentary consultation.