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The 60-day waiting period in divorce cases often catches people off guard. Once the petition is filed, progress slows down as the clock starts ticking. This pause can feel frustrating, but it serves a purpose. Texas law gives both spouses time to gather information, address immediate concerns, and decide how to move forward. What you do during this period matters and can shape the outcome of your case.
Why Texas Has a 60-Day Waiting Period
Texas Family Code requires a 60-day waiting period after one spouse files a divorce petition. The clock starts the day after the petition is filed. You cannot finalize your divorce until the 61st day or later.
This rule applies even in uncontested divorces. The court wants to make sure neither spouse rushes into a legal decision without considering the consequences.
There are limited exceptions. If domestic violence led to the filing and the other spouse has been charged or convicted, the court may waive the waiting period.
What You Can Do During the Waiting Period
This time can feel like limbo, but it’s not wasted if you use it wisely. These 60 days give you a chance to get organized and plan your next steps.
1. Gather and Review Financial Information
Texas is a community property state. That means most assets acquired during the marriage belong to both spouses and must be divided. Start preparing:
- Bank statements
- Credit card records
- Loan documents
- Tax returns
- Pay stubs
- Investment accounts
Get copies of titles, deeds, or other ownership records. Knowing what you own helps avoid disputes later.
2. Track Debts and Shared Expenses
Debts also fall under community property rules. Document all shared debts, such as:
- Mortgages
- Car loans
- Credit cards
- Business liabilities
You’ll need to decide how to divide these debts during the divorce.
3. Stay Calm and Communicate Clearly
If you and your spouse can talk without fighting, now is a good time to discuss the basics of your agreement. Focus on property division, living arrangements, and parenting plans. Avoid emotional or accusatory language.
Use email or text if face-to-face conversations lead to conflict. Written records help if you need to show the court how communication played out.
4. Create a Temporary Living Plan
Some couples stay in the same home during the waiting period. Others choose to separate right away. If you live together, establish boundaries. If one spouse moves out, discuss who pays the bills and how to handle parenting time.
Think about:
- Who pays rent or mortgage
- Who stays with the children and when
- What to do with joint accounts
Even temporary agreements should be in writing. You can request a temporary court order if needed.
5. Focus on the Children
If you share children, their routines and emotional health matter during this time. Courts expect both parents to support the child’s stability. Avoid talking negatively about your spouse in front of the kids. Keep school, activities, and bedtime consistent.
Start outlining a parenting plan. Include:
- Weekly schedules
- Holidays
- Pick-up and drop-off details
- Communication rules
Even if things feel uncertain, predictability helps your children feel secure.
6. File for Temporary Orders if Needed
If you and your spouse cannot agree on major issues, ask the court for temporary orders. These orders can cover:
- Child custody and visitation
- Temporary support
- Who stays in the home
- Restrictions on spending or account access
Temporary orders give you legal guidance while the divorce is pending. You must follow them once they are in place.
7. Avoid Big Financial Changes
Avoid major purchases or changes to insurance policies, retirement accounts, or beneficiaries during this period. Courts may view this as trying to hide assets or disrupt fair division. Wait until the divorce is final before making big moves.
If your spouse starts moving money or making large purchases, tell your attorney right away.
8. Start Building Your Post-Divorce Plan
Use the waiting period to think about what life will look like after divorce. Make a list of things you need to handle:
- Update your address on accounts
- Open a separate bank account
- Create a new budget
- Explore housing options
- Research job changes if needed
Planning now makes the transition smoother later.
What You Shouldn’t Do During the Waiting Period
1. Don’t Threaten or Intimidate Your Spouse
This can lead to protective orders, police involvement, or court sanctions. Stay calm, even if the other person tries to provoke you.
2. Don’t Use the Children Against Your Spouse
Keeping the children away or using them to send messages damages your custody position. Courts notice these patterns.
3. Don’t Post About the Divorce Online
Social media posts can be used against you. Even jokes or vague references may impact how the court views your behavior. Stay quiet online.
4. Don’t Miss Court Dates or Deadlines
If your spouse files motions or asks for temporary orders, the court may set hearings before the 60 days end. Respond to notices and show up on time. Missed dates can hurt your case.
Final Steps as the Waiting Period Ends
Once the 60 days pass, your case may be ready to finalize. If the divorce is uncontested, and you and your spouse agree on everything, you can submit a final decree to the judge. One party usually appears in court for a short hearing.
If your case involves disagreement or needs a trial, the court will set a date later.
Make sure the final paperwork reflects what you want. Double-check property division, custody terms, and support orders. Once the judge signs the decree, it becomes binding.
Final Thoughts
The 60-day waiting period in a Texas divorce case may feel like a pause button, but it gives you time to prepare, plan, and move forward with purpose. Focus on stability, gather your documents, and avoid unnecessary conflict. Whether your case ends smoothly or heads to trial, what you do during these 60 days sets the tone for everything that comes next.
Other Related Articles
- What is The Discovery Period in a Divorce in Texas?
- Understanding the 60-Day Waiting Period for Uncontested Divorces in Texas
- Understanding the Texas Divorce Waiting Period: What You Need to Know
- Preparing for the End and Immediate Time Period After Your Texas Divorce
- On the Move After Your Texas Divorce
- Do I Need a Lawyer in Texas to Get a Divorce?
- The Best Guide on How to File for Divorce in Texas Without a Lawyer
- How Much Will My Texas Divorce Cost?
- How Long Will My Texas Divorce Take?
- Accelerating Your Texas Divorce: The Road to a 60-Day Resolution
Texas Divorce FAQs: Understanding the 60-Day Waiting Period and More
Texas law requires a 60-day waiting period as a cooling-off time to give couples a chance to reconsider divorce and ensure that they want to dissolve their marriage.
Yes, there is a mandatory 60-day waiting period for all divorces in Texas, starting from the date the divorce petition is filed with the court.
If both parties agree, a divorce can be finalized shortly after the 60-day waiting period, assuming all paperwork is in order and there are no complications.
The fastest a divorce can be finalized in Texas is 61 days after filing the divorce petition, which includes the mandatory 60-day waiting period.
Legally you can date during divorce proceedings, but it may complicate matters, especially if it influences decisions around spousal support and child custody.
A divorce in Texas might be denied if the court finds that the paperwork was incorrectly filed, the 60-day waiting period was not observed, or if there’s a pending reconciliation.
To speed up your divorce, you can ensure all forms are correctly filled and filed, agree with your spouse on all terms beforehand, and complete any required classes or counseling promptly.
The quickest a divorce can be finalized in Texas is typically about 61 days, considering the mandatory waiting period and assuming no legal complexities arise.
