Texas Divorce Waiting Period: The 60-Day Rule and Exceptions
How Texas Family Code Section 6.702 calculates the divorce waiting period, when a court may grant a divorce sooner, and why filing day is not the same as finalization day.
The answer
Last verified: · Checked against the primary authorities linked below.
Primary sources
Key Takeaways
- • Texas generally may not grant a divorce before the 60th day after the date the suit was filed.
- • The waiting period is a minimum finalization rule; it does not guarantee that a divorce will be completed on day 60.
- • Section 6.702 contains exceptions tied to specified family-violence convictions, deferred adjudication, and protective orders.
- • Service, response deadlines, discovery, negotiations, court scheduling, children, and property issues can make a divorce take substantially longer than the statutory minimum.
Texas's familiar '60-day divorce rule' is often misunderstood. It is generally the earliest point at which the court may grant the divorce, not a promise that a case will be finished in two months.
The statute also contains family-violence exceptions. Those exceptions are specific, so a case involving safety concerns should be evaluated against the actual language of Section 6.702 rather than a generic waiting-period summary.
The general rule is 60 days after filing
Family Code Section 6.702 generally provides that the court may not grant a divorce before the 60th day after the date the suit was filed. The statutory calculation therefore starts from filing, not from separation or service on the other spouse.
Day 60 is not an automatic divorce date
The parties still must satisfy the procedural and substantive requirements for a final decree. Contested property, parenting issues, service problems, discovery, mediation, and court scheduling can all extend the case beyond the minimum waiting period.
Family-violence exceptions exist
Section 6.702 allows an earlier divorce in specified circumstances involving a respondent's conviction or deferred adjudication for certain family-violence offenses against the petitioner or a member of the petitioner's household, or an active protective order based on a finding of family violence committed during the marriage.
Temporary orders can operate before final divorce
The waiting period does not mean the court is powerless during the case. Chapter 6 authorizes temporary orders and other interim relief when the statutory requirements are met, while the final divorce remains subject to the waiting-period rule unless an exception applies.
Frequently Asked Questions
Can I be divorced exactly 60 days after filing in Texas?
Possibly, but not automatically. Section 6.702 sets a general minimum; the case must otherwise be ready for a final decree and the court must be available to grant it.
Does the 60 days start when my spouse is served?
No. The statute measures from the date the divorce suit is filed.
Can the 60-day period ever be waived?
Section 6.702 contains specific family-violence exceptions. Whether an exception applies depends on the exact statutory facts and court record.