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Navigating the complexities of divorce can be challenging. At the Law Office of Ben Carrasco, we often encounter questions about the divorce process in Texas, particularly about the waiting period. “Does Texas mandate a waiting period for filing a divorce?” is a common query we receive. The answer is yes. Texas law does require a waiting period for divorce proceedings. Read on for a better understanding of this waiting period and other related aspects of the divorce process in Texas.

Understanding the Divorce Process in Texas: More Than Just Filing

The divorce process in Texas is initiated by filing a divorce petition. This legal document, filed in the Texas family court, marks the start of the divorce process. One spouse (the petitioner) files it against the other spouse (the respondent).

The respondent must be given proper legal notice of the divorce petition. This is a crucial step in the process as it ensures that the respondent is aware of the divorce proceedings and has the opportunity to respond. If the respondent has received proper legal notice and does not respond within a specified time, the court may grant a default divorce. This means the court may grant the divorce and make decisions about property division, child custody, and other matters without input from the respondent.

The 60-Day Waiting Period: A Time for Reflection and Preparation

Under the Texas Family Code, there is a mandatory 60-day waiting period from the date the divorce petition is filed until the court can issue a final divorce decree. This 60-day waiting period applies to both contested and uncontested divorces.

The purpose of this waiting period is twofold. Firstly, it allows the spouses to reconcile before the divorce is finalized. Secondly, it allows both parties time to prepare for the potential outcomes of the divorce, such as property division, child custody, and spousal support.

Exceptions to the Waiting Period: When Immediate Action is Necessary

While the 60-day waiting period is a standard part of the Texas divorce timeline, there are exceptions. For instance, the court may waive the waiting period if there is a proven history of family violence. This is done to protect the victim and expedite the divorce process. Similarly, the waiting period may be waived if the petitioner has an active protective order against the respondent due to domestic violence. These exceptions are in place to ensure the safety and well-being of all parties involved.

Child Custody and Support During the Waiting Period: Maintaining Stability

During the waiting period, temporary orders may be placed to address issues such as child custody, child support, and spousal support. These orders stabilize the children and financially dependent spouses during the divorce proceedings. They ensure that the children’s needs are met and that the lower-earning spouse can maintain their standard of living.

The Role of Community Property in Texas Divorces: Equitable Division

Texas is a community property state, meaning most property acquired during the marriage is considered marital property and must be divided equitably in a divorce. This includes assets such as homes, cars, retirement accounts, and debts. Separate property, property one spouse owned before the marriage or received as a gift or inheritance during the marriage, is typically not subject to division in a divorce. Understanding the distinction between community and separate property can significantly impact the financial outcome of a divorce.

Contested vs. Uncontested Divorces: The Impact on the Process

In an uncontested divorce, the two spouses agree on all issues, including property division, child custody, and support. This agreement is formalized in a marital settlement agreement and submitted to the court for approval. Uncontested divorces typically proceed more quickly through the court system after the waiting period.

In a contested divorce, the spouses cannot agree on one or more issues. These divorces often require a trial, where a judge decides the contested issues. Contested divorces can be more time-consuming and costly and may require additional time beyond the 60-day waiting period.

Navigating the Divorce Process with Expert Legal Help

The Texas divorce process, including the mandated waiting period, can be complex and emotionally draining. It’s important to have an experienced family law attorney to guide you through the process and protect your interests. Whether you’re dealing with a contested divorce, a child custody dispute, or issues related to community property, the Law Office of Ben Carrasco is here to help. Contact us today to learn how we can assist you with your Texas divorce. Our team is committed to providing the support and legal expertise you need during this challenging time.

About the Author
Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.