A common question from most people going through a divorce in Texas is “What is the waiting period for divorce? “ Simply put, there is a 60-day waiting period before spouses can finalize their divorce in San Antonio. Many will naturally follow up with the question, “How long do I have to wait to remarry after my divorce is finalized?” According to Texas law, you must wait at least 31 days to remarry after a divorce is finalized.
Understanding divorce in San Antonio can seem overwhelming. Therefore, questions about Texas divorce waiting periods are common. This article will explain the 31 waiting period for divorce in Texas and how that impacts you.
How Long Do I Have to Wait for a Divorce in Texas?
To file for divorce in a Texas family court, a spouse must meet these residency requirements: they must reside in Texas for at least six months and in the specific county where the divorce is filed for at least 90 days. Only one spouse needs to fulfill these requirements, regardless of where the marriage took place. For instance, a couple married in another state can divorce in Texas if one spouse meets the residency criteria, even if they’ve never married in Texas.
In Texas, a divorce cannot be finalized until 60 days after the divorce petition is filed. If both parties agree on all issues, including property division and child custody, and have signed an agreement, the final decree can potentially be granted on the 61st day. On day 61, a judge is not obligated to grant the divorce, as complex cases might require more time. This 60-day period is a “cooling off” period, and it does not apply to annulments or marriages declared void.
Here’s How the Waiting Period Works
The spouse who wants a divorce usually starts the process by filing a petition. The spouse or their attorney prepares and signs the petition. The petitioner then submits this petition to the court for approval, formally commencing the divorce process.
Once the petition has been filed, the other spouse must acknowledge receipt of legal notice. There are two primary methods to achieve this: obtaining a waiver of citation or serving a citation. If both spouses have a good relationship or if the other spouse is anticipating divorce, it might be simpler to obtain a waiver of citation, which entails the spouse signing a waiver as proof that they have received the necessary legal notice.
However, if the other spouse refuses to sign a waiver, it will be necessary for the initiating spouse to have a neutral third party physically deliver the divorce petition, along with citations, in order to fulfill the legal notice requirement.
After these necessary steps have been taken, a 60-day waiting period begins. During this 60-day period, spouses will have the chance to come to an agreement or settlement regarding the terms of their divorce. If spouses are unable to come to an agreement, the divorce process can extend past the 60-day waiting period.
Are There Exceptions to the Divorce Waiting Period?
A standard 60-day waiting period applies to most divorces. However, this waiting period is shortened under two specific circumstances:
- If a spouse has been convicted of a crime involving family violence.
- If a spouse has a protective order against the other spouse due to violence during the marriage.
In cases involving violence, a judge waives the 60-day waiting period, allowing the divorce to be finalized more quickly.
The Waiting Period For Marriage After Divorce
Even after a divorce is finalized, former spouses must wait 31 days before remarrying someone new, according to the Texas Family Code.
However, the former spouses can remarry each other at any time. Texas courts can waive the 31-day waiting period if “good cause” is demonstrated.
A common example is when the divorce process takes longer than anticipated, causing a conflict with a planned wedding date. In such cases, the divorced individual and their intended spouse may have already made non-refundable wedding-related expenses. The court then has the discretion to waive the waiting period to permit the remarriage.
Do You Have Waiting Period Questions? Seek Help From A San Antonio Divorce Lawyer.
Navigating the complexities of divorce can be overwhelming, made even more difficult by the emotional turmoil that often accompanies it. As you work to rebuild your life, it’s essential to tackle the legal aspects of your separation with care.
In San Antonio, finding the right guidance can make all the difference. Consider reaching out to a qualified legal professional who can provide you with personalized support and help you navigate the process with confidence. Contact us today to get started.