Choosing to move forward with your life is the first big step towards reaching your path to happiness. Although each divorce proceeding is unique, being guided by the steps involved can provide you with clarity and help you finish the process without any delay.
Texas’ 60-day waiting period: When does it start?
Texas law requires a mandatory 60-day “cooling-off” period for all divorces. This time provides separating couples with a space to reflect on their situation and consider their decision with clarity.
The 60-day count will begin as soon as one spouse submits a petition for divorce. During this waiting period, you must serve your other spouse with the notice. However, if the divorce is not amicable or involves domestic abuse, you can have an authorized third-party such as a sheriff or a constable serve the notice on your behalf.
After this step, your spouse must file an answer. Not responding to a divorce petition within the assigned time period can lead to a request for default judgment, allowing the court to proceed with the case without input from the other party.
Can a judge waive the waiting period?
The judge may waive the “cooling-off” period in specific cases such as:
- Your spouse has been convicted of a crime that involves domestic or family violence.
- You have an active protective order against your spouse due to domestic violence.
What can be done during this timeframe?
While the divorce is pending, the court can enter temporary orders for use of property, child custody, child support, spousal support, interim attorney’s fees and other issues. These orders can end if the divorcing couple no longer wishes to move forward with their case or if the court enters a final decree of divorce.
Are there factors that can help speed up the process?
While your divorce will generally take at least 60 days to finalize because of the cooling off period, there are four components that can help expedite the process. These include:
- You and your spouse mutually agree to separate and file for uncontested divorce.
- You and your spouse do not own any high-value assets or hidden assets.
- You and your spouse do not have children.
- If there are any conflicting interests or disputes, you and your spouse find a way to resolve it through a mediator.
Transitioning into your life’s new chapter does not need to be complicated. With the right guidance and support, you can move forward with the process and turn your feelings of uncertainty into confidence.