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Waiting period for divorce in texas

That means compromising on the divorce, property and debts, and child support issues. Normally, the divorce process begins when an Original Petition for Divorce is filed with the court. This petition gives the court notice of your intention to divorce and starts the clock on how soon you can be divorced. The divorce is only completed if it is either granted by a final trial or an agreement between the divorcing spouses.

What is the Texas Divorce Waiting Period?

There is a compulsory waiting time of 60 days after the petition is filed. A divorce cannot be granted by a court before within those 60 days. That means that the earliest you can get a divorce is on the 61st day after the petition was filed. It is assumed that the 60 days is enough time for the divorcing parties to either reconsider the divorce or continue pursuing it.

You can get a divorce before the 61st day if a court declares your marriage void or if it grants an annulment. Another situation where the divorce can be finalized sooner is if one of the parties has been convicted, or received a deferred adjudication for an offense that involves family violence.

The divorce may also end sooner if the petitioner has an active protective order for emergency protection or under title 5.

waiting period for divorce in texas

Usually it is the contested divorces that take a long time to resolve. The longer they take the more the legal fees.

Divorce Reform in Texas

The only time an uncontested divorce may take a long time is if takes a long time to gather information from each party. If you desire to marry a person who is not your previous spouse before the thirty day waiting period after divorce in Texas expires, you must make a special request that the court waive the waiting period. In an original petition for divorce, a party may request that the thirty day prohibition against marriage after a divorce is finalized be waived. A family law attorney can help you do this.


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If granted for good cause, you will receive a waiver from the court allowing you to remarry prior to the expiration of thirty days. What constitutes good cause depends on your specific circumstances. A common example of good cause is that your new betrothed is active military and is set to be deployed prior to the expiration of the divorce waiting period.

Is There a 60 Day Waiting Period to Get a Divorce in Texas?

If you are contemplating a divorce and would like to request that the court waive the mandatory waiting period, please Contact Mary E. Search for:.

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