Understanding the 60-Day Waiting Period for Divorce in Texas

When a couple decides to end their marriage, they often want the process to move as quickly as possible. However, Texas law requires most divorces to include a mandatory waiting period before the court can finalize the case. This rule, commonly known as the 60-day waiting period, is designed to give both parties time to reflect, reconsider, and prepare for the significant changes that divorce brings. At Prince Contreras PLLC, our San Antonio divorce attorneys help clients understand every step of the process, including how the waiting period may impact their timeline and what can be done during that time to prepare for a smoother resolution.

What Is the 60-Day Waiting Period?

Under Texas Family Code § 6.702, there must be at least 60 days between the date a divorce petition is filed and the date a judge can grant the divorce. This rule applies to both contested and uncontested divorces in San Antonio and throughout the state of Texas.

The waiting period begins on the day the original petition for divorce is filed with the court. It does not start when your spouse is served or when they file an answer. For example, if you file on January 1, the earliest your divorce can be finalized is March 2, assuming no holidays or court delays.

The law’s purpose is not to make the process harder, but to provide a “cooling-off period.” Divorce is an emotional decision, and the waiting period gives couples time to make sure ending the marriage is truly what they want, or to work toward reconciliation if possible.

Exceptions to the 60-Day Rule

While the waiting period applies to most divorces, Texas law allows specific exceptions for cases involving family violence or abuse.

You may be eligible to bypass the waiting period if:

• Your spouse has been convicted of or received deferred adjudication for a family violence offense against you or a member of your household; or
• You have an active protective order or an emergency protective order against your spouse for family violence.

In these situations, the court may waive the 60-day waiting period entirely and allow the divorce to be finalized immediately. Our San Antonio family law attorneys from Prince Contreras PLLC can help you determine whether you qualify for this exception and assist in gathering the necessary documentation to present to the court.

What Happens During the Waiting Period

Even though the divorce cannot be finalized right away, the 60 days can be used productively. In many cases, your attorney will use this time to gather information, negotiate with your spouse’s lawyer, and prepare for potential hearings.

During this time, you can:

• Exchange financial disclosures: Both parties must provide information about income, debts, and assets.
• Negotiate settlements: You may reach agreements on property division, child custody, and support before the waiting period ends.
• Attend mediation: Mediation can help couples resolve disputes without going to trial.
• Prepare parenting plans: If you have children, this is the time to create a parenting schedule and discuss child support.

By using the waiting period efficiently, your case can often move forward quickly once the 60 days have passed, reducing overall delays.

Does the 60-Day Waiting Period Mean the Divorce Will Be Final in 60 Days?

Not necessarily. The 60-day period is simply the minimum amount of time that must pass before a divorce can be finalized; it is not a guarantee that the process will end within that time.

The actual duration depends on several factors, including:

• Whether the divorce is contested or uncontested;
• The complexity of your assets and debts;
• Whether you and your spouse have minor children; and
• The court’s schedule and backlog.

An uncontested divorce in San Antonio may be finalized shortly after the 60-day waiting period has ended, especially if both parties have already signed a settlement agreement. However, contested divorces involving disputes over property, custody, or support may take several months, or even longer, to reach a final judgment.

Talk to Our San Antonio Divorce Lawyers Today

If you’re considering filing for divorce, understanding the 60-day waiting period can help you plan your next steps with clarity and confidence. At Prince Contreras PLLC, we help San Antonio residents protect their families, their finances, and their futures throughout every stage of the process.

Contact the experienced lawyers at Prince Contreras PLLC today & schedule your free consultation. We proudly serve all throughout Texas. Visit our San Antonio law office at:

Prince Contreras PLLC – San Antonio Office

342 W. Woodlawn Ave Suite 300
San Antonio, TX 78212

Phone: (210) 610 2016
Fax: (210) 320 1066