In Texas, a mandatory 60-day waiting period is imposed between the filing of a divorce petition and the finalization of the divorce. This period begins the day after the petition is filed and includes weekends and holidays. The primary purpose of this waiting period is to provide spouses with time to reflect on their decision to institute a divorce proceeding.

Exceptions to the Waiting Period

There are specific circumstances under which the 60-day waiting period can be waived under the Texas Family Code:

• Family Violence: If the respondent has been convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household, the waiting period may be waived. 
• Protective Orders: If there is an active protective order or an active magistrate’s order for emergency protection against the respondent due to family violence committed during the marriage, the waiting period can be waived. 

Implications of the Waiting Period

While the 60-day waiting period is the minimum duration before a divorce can be finalized, the actual time to complete a divorce may be longer, depending on factors such as court schedules, the complexity of the case, and whether the divorce is contested or uncontested. During this period, spouses often engage in negotiations, mediation, and settlement discussions to resolve issues related to property division, child custody, and support.