How Long Until My Divorce Is Finalized in Texas?
Does Texas have a waiting period for divorce? In Texas, a judge may not grant your final divorce until at least 60 days have passed after you filed the divorce petition. The only exceptions to this waiting period are in cases involving domestic violence, when the petitioner has an active family violence protective order against the respondent, or the respondent has been convicted of a a domestic violence crime against the petitioner or someone else in the household. (Tex. Fam. Code § 6.702 (2022).) Although your divorce will be final when the judge signs the divorce decree, neither you nor your spouse may marry someone else until another 31 days have passed. (Tex. Fam. Code § 6.801 (2022).) What is the divorce procedure in Texas? Filing for divorce in Texas involves several steps: Filing the divorce petition. One spouse (the “petitioner”) will file an Original Petition for Divorce and accompanying documents with the court clerk in the county where either spouse has lived for 90 days. Serving the divorce papers. The petitioner then must either have the divorce papers personally served on (hand-delivered to) the other spouse (the “respondent”) or have the respondent sign a waiver of service and simply accept the documents from the petitioner. The next steps in the Texas divorce process may depend on whether you’ve filed for an agreed divorce or a contested divorce. Answering the divorce petition. In a contested divorce, the respondent has 20 days to file an answer to the divorce petition. In an uncontested divorce, the respondent may either file an answer in that time or simply return the signed waiver of service. Standard temporary orders. Either spouse may ask the judge to issue standard temporary restraining orders, including orders meant to preserve the couple’s property during the divorce proceedings. Judges might