The Court may not grant a divorce in Texas before the 60th day after the date the suit was filed. The waiting period is not required before a court may grant an annulment or declare a marriage void.
A waiting period is not required if the court finds that:
The opposing spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against their spouse or a member of the spouse's household; or their is an active protective order against the other spouse because of family violence committed during the marriage.
The 60-waiting period is required based on the rationale that the parties ought not rush into divorce when there might still be a genuine prospect for reconciliation.
This point of law has been brought to you by The Wright Firm, L.L.P. If you have questions about the Texas divorce waiting period, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.
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