Waiting Period
Wait for the Mandatory Waiting Period
Texas law requires a minimum 60-day waiting period from the date you file your divorce petition until your divorce can be finalized. This waiting period is mandatory in almost all cases and gives both parties time to consider the decision and prepare for the final hearing.
Understanding the 60-Day Rule
The Law
Texas Family Code § 6.702 states: “A divorce decree may not be granted before the 61st day after the date the suit was filed.”
What this means:
- Count from the day your petition was filed (not served)
- Exclude the filing date itself from the count
- The earliest your divorce can be finalized is day 61
- No exceptions for uncontested cases
Example:
- Filed: January 1
- Day 1 of waiting: January 2
- Day 60: March 1
- Earliest hearing date: March 2 (day 61)
Why the Waiting Period Exists
The 60-day waiting period serves several purposes:
- Cooling-off period: Ensures the decision isn’t made in haste
- Time to reconcile: Gives couples a chance to reconsider
- Preparation time: Allows both parties to prepare documents and arrange affairs
- Due process: Ensures adequate time for response and participation
Limited Exceptions
Very limited exceptions exist for cases involving:
- Family violence
- Conviction or deferred adjudication for family violence offense
Our standard service does not handle these expedited proceedings. Consult with an attorney if you believe you qualify for an exception.
What Happens During the Waiting Period
Case Status
While you wait, your case is pending. This means:
- You’re still legally married
- Neither party can remarry
- The petition is on file but not yet final
Preparing for Finalization
Use this time productively to:
- Ensure service is complete - Waiver filed or service completed
- Prepare final documents - Draft your Final Decree of Divorce
- Gather required forms - BVS form, certificates, affidavits
- Schedule your hearing - Coordinate with the court for a hearing date
- Review your documents - Make sure everything is accurate and complete
- Prepare your testimony - Know what you’ll say at the hearing
Texas Divorce Express Timeline Support
We help you manage the waiting period by:
- Calculating your dates - Tell you exactly when day 61 is
- Sending reminders - Email at 50 days and 60 days
- Preparing documents - Final decree ready before waiting period ends
- Scheduling assistance - Guidance on setting hearing dates
Important Dates to Track
Day 1 (Filing Date)
The day your petition was file-stamped by the court clerk. This is shown on your petition.
Day 50 (Hearing Prep)
Start preparing for your final hearing:
- Review all documents
- Confirm hearing is scheduled
- Prepare testimony
- Make sure final decree is ready
Texas Divorce Express sends a reminder and hearing preparation checklist.
Day 60 (Last Day of Waiting Period)
The last full day of the mandatory wait. The divorce cannot be granted on this day.
Day 61+ (Eligible for Hearing)
The first day your divorce can be finalized. You can have your final hearing and obtain the judge’s signature on your decree.
Scheduling Your Final Hearing
When to Schedule
Different courts have different practices:
Option 1: Schedule early (during waiting period)
- Request hearing date for day 61 or later
- Lock in a convenient date
- Ensure you’re prepared when the wait ends
Option 2: Schedule near end of wait
- Wait until day 50-60 to schedule
- More flexibility if situations change
- Risk of longer wait for available hearing dates
How to Schedule
Uncontested docket: Many courts have special uncontested or “prove-up” dockets for simple divorces.
Process:
- Contact the court coordinator for your assigned court
- Request a prove-up setting on the uncontested docket
- Provide your cause number and both parties’ names
- Receive hearing date and time (must be day 61 or later)
Texas Divorce Express provides your court coordinator’s contact information and scheduling instructions.
Typical Hearing Times
Uncontested divorce hearings are usually very brief:
- 5-15 minutes per case
- Often scheduled in morning blocks
- Multiple cases on the same docket
- Very informal compared to trials
Activity During the Waiting Period
What You Can Do
- Prepare your final documents
- Attend counseling or mediation (optional)
- Make living arrangements
- Plan for post-divorce life
- Communicate with your spouse about logistics
What You Should NOT Do
- Get remarried (still married until decree is signed)
- Make major financial commitments without disclosure
- Violate any temporary orders (if applicable)
- Harass or threaten your spouse
Temporary Orders
If you need court orders during the waiting period (restraining orders, temporary support, etc.), these require additional legal procedures.
Our simple service does not include temporary orders. Consult with an attorney if you need temporary relief.
If Your Spouse Changes Their Mind
They Want to Contest
If your spouse decides to contest the divorce:
- They can file an Answer (if they signed a waiver, they can still appear)
- The case becomes contested
- You may need full legal representation
- Timeline will extend beyond 60 days
They Want to Reconcile
If you both decide to reconcile:
- You can file a motion to dismiss the case
- The petition is withdrawn
- You remain married
- You can refile later if needed
Waiting Period Checklist
Use this checklist to stay on track during the 60-day wait:
Immediately After Filing:
- Note your filing date (day 1)
- Calculate your day 61 date
- Complete service (waiver or formal service)
By Day 14:
- Confirm service is filed with court
- Begin preparing Final Decree of Divorce
By Day 30:
- Review draft final decree
- Gather BVS form and other required documents
- Contact court coordinator about hearing procedures
By Day 45:
- Schedule final hearing (for day 61 or later)
- Confirm all documents are ready
- Review hearing preparation materials
By Day 50:
- Final review of all documents
- Prepare testimony for hearing
- Confirm hearing date and time
- Know what to bring to court
Day 61+:
- Attend final hearing
- Obtain signed Final Decree of Divorce
- File decree with clerk
Next Steps
While waiting, prepare your final decree:
Common Questions About the Waiting Period
Can I waive the 60-day waiting period?
For standard divorces, no. The waiting period is mandatory except in very limited circumstances involving family violence.
What if we’ve already been separated for years?
It doesn’t matter. The 60-day clock starts when you file the petition, not when you separated.
Can we have the final hearing before day 61 to save time?
No. The judge cannot and will not sign your decree before day 61. Attempting to do so violates Texas law.
What if day 61 falls on a weekend or holiday?
The hearing can be scheduled for the next business day. Day 61 is still the first day you’re eligible, even if court is closed that day.
Does the waiting period restart if we amend the petition?
Generally, no. Amendments to the petition typically don’t restart the 60-day clock, which runs from the original filing date.
Can the court extend the waiting period?
The court doesn’t extend it—you can simply wait longer than 60 days if needed. There’s no maximum time limit, but be aware some courts may dismiss cases for want of prosecution if they sit inactive for many months.
This information is for educational purposes and does not constitute legal advice. Texas Divorce Express provides timeline tracking, reminders, and document preparation assistance throughout your waiting period.