One of the most frequently asked questions in my divorce consults is “How
soon can I be
divorced?” Generally, what I tell people is that is the answer depends on
them and their soon to be Ex.
The Fast Track Divorce
In my divorce consults I say the divorce process starts when an Original
Petition for Divorce is filed with the court. Filing the Original Petition
for Divorce does two things which is:
- It gives the Court notice of what you want and
Starts the clock on how soon you can be
A divorce in Texas can only either be granted by:
- a final trial or
- an agreement.
Under Texas Family Code Section 6.702 a “court may not grant a divorce
before the 60th day after the divorce was filed.” By readings this part of the family
code you learn two things which are:
- The 60-day waiting period begins the day a person files for divorce and so
This means the 61st day after a divorce petition is filed is the earliest date you can get
divorced in Texas.
These 60 days are often referred to as a “cooling off” period
in the Texas laws. The Texas legislature decided to give the parties to
a dispute time to think through what they were doing and consider whether
dissolving a marriage was a good idea.
Thus, 61 days is usually the fastest amount of time you can get a divorce
in Texas. However, for the divorce to be completed that quickly the following
things will need to have been agreed on:
Property and Debts and
Divorces in Texas May Take Longer than 61 Days
If those three things have not been agreed on the divorce will take longer
than 61 days and this case may be heading for a final trial. It is not
uncommon for parties trying to work out the terms for the
division of property debts, conservatorship of children,
child support, and the
divorce to have difficulty reaching an agreement in that short of a time.
Typically, when spouses are not able to reach an agreement the next step
is to try and get the case into
mediation, a neutral mediator will try and facilitate the parties in reaching an
agreement on all issues.
Generally, the more property and the more people whose lives are affected
by the divorce, the longer the divorce will last. Again, parties are always
able to agree on how to resolve these issues with each other thereby speeding the
I often tell my consults it is not uncommon for a
divorce in Texas to take a year to get to final trial. However, they can always settle
the case between 61 days and 1 year if they reach an agreement on the
Can I get divorced sooner than 61 days?
There are exceptions to the 60-day waiting requirement under section 6.702
of the Texas Family Code. Those exceptions include:
- A court may grant an annulment or declare a marriage void
- If the court finds that respondent has been convicted or received deferred
adjudication for an offense involving family violence as defined by section
71.004 against petitioner or a member of the petitioner’s household or
- The Petitioner has an active protective order under title 5 or active magistrate’s
order for emergency protection under article 17.292, Code of Criminal Procedure
How soon Can I remarry after I am Divorced?
Another common related question is “how soon after the divorce can
I get married?”
Under 6.801 of the Texas Family Code a person in Texas is free to marry
again 30 days after the judge signs their final divorce order, called
a “decree.” It is important to note that:
- the Judge does not always sign the Decree on the same day that you appear in court.
- This works the same ways as above meaning do not marry any one until day 31.
Exceptions to the 30 day Waiting Period for Getting Remarried
Exceptions to this rule include:
- Divorcing spouses under 6.801(b) may still remarry each other at any time and
- In certain cases, under section 6.802 of the Texas Family Code a Judge
will waive the 30-day waiting period if good cause shown. This requires
filing a motion to request the judge to do so.
Examples of why a Judge may grant a waiver of the 30 days waiting period include:
- Health of one of the parties
- One of the parties is scheduled to take a permanent duty reassignment in
other party of the world
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- 6 things You Need to Know Before You File for Divorce in Texas
- I Want a Texas Divorce but My Husband Doesn't: What can I do?
- Am I Married? - Marital Status in Texas
- Can I sue my spouse's mistress in Texas?
- 6 Tips - On How to prepare for a Texas Divorce
- Roadmap of Basic Divorce Procedure in Texas
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and