We both agree on everything. Can we get divorced right away?
You and your spouse decide to get divorced. It is a mutual decision. One that you both think is best for all involved. You agree on how things should be divided. You agree to who takes the house. You even agree on what to do with the kids! So you both march over to the courthouse, fill out the paperwork, and sign an Agreed Divorce Decree. (You even did it before a notary!) But when you try to get a judge to sign off on it, you are told that you cannot get divorced just yet! But, why? You agree on everything! There is nothing to fight about. Why can’t you get divorced right away?
Well, it turns out that in Texas, there is a 60-days waiting period before any divorce can be finalized (except under a few situations.)
This 60-days waiting period is actually not unique to Texas. Many states have similar waiting periods before a divorce can be finalized and the divorce decree can be entered. In fact, some states have waiting periods (sometimes known as “cooling off” periods) before parties can even file for divorce and/or legal separation. (NOTE: Texas does not have legal separation.)
So, how does one know when the 60-days period is over? Turns out, it is not as simple as it sounds. First, you have to figure out when the Original Petition for Divorce was filed. Then, you count 60 days out from that day, not including the date of filing, but including weekends and holidays. If the 60th day lands on a weekend or holiday, then you go to the next business day. Once you reach your 60-days waiting period, then the Court can enter a final judgment for your divorce.
But, what if you can’t wait that long? Well, there are two situations in which the Court can enter a final judgment for the divorce, namely -
Your spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against you, or a member of your household; or
You have an active protective order or an active magistrate’s order for emergency protection, and the order was based on a finding of family violence committed by your spouse during the marriage.
See Texas Family Code Section 6.702.
So, if you believe that you are a victim of domestic violence and wish to get divorced right away, you may want to speak with an attorney to determine if you fit into one of these exceptions. As such a case usually requires presentation of evidence and testimony, you may want to hire an attorney to assist you with it.
Of course, the 60-days waiting period is just the minimum number of days. You are free to wait beyond that before asking the Court to enter final judgment should you and the other party feel the need to for one reason or another. However, please be aware that you cannot wait too long as there is normally a limit to the number of days a case can go on without either an agreement or trial to resolve the case before the case is set for dismissal. If you are not sure, you should probably at least consult with an attorney first.
The content provided in this blog is for informational purposes only. This is not legal advice, and your viewing of this blog does not form any attorney-client relationship.
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