“How long do I have to wait to be divorced?” is a question often addressed by Houstonians who are considering filing for divorce. The standard waiting period for a divorce to be finalized is 60 days.
The topic of how long one must wait before remarrying once a divorce is final is a common follow-up.
To put it briefly, the answer is 31 days if either party wants to get married again after the divorce has been formalized. Divorce law is complex and can be difficult to navigate. This leads many to wonder how long they must wait before filing for divorce in Texas.
Having experienced divorce in Houston lawyer on your side can make all the difference in ensuring the process doesn’t drag on for too long
Time Required in Texas Before Filing for Divorce
Divorce in Texas can be petitioned in a family court if one of the spouses has resided in the county in which the spouse resides for at least 90 days and six months in Texas.
Only one partner in a married couple has to fulfill this residency requirement; both partners can continue to work from wherever they happen to be. It is not necessary for the marriage to have taken place in Texas in order to petition for a divorce in Houston, according to the Texas Family Code. To conclude, a divorce in Harris County, Texas, would be possible for a couple who tied the knot in Louisiana but now both reside there.
If both spouses meet the residence criteria, the divorce can be finalized in as little as 60 days from the date the divorce petition is filed in Texas.
For a final divorce decree to be entered on the 61st day after the petition was filed, the parties must agree on all matters relating to property and child custody and sign an agreed divorce decree.
However, just because there is a statutory waiting time of 60 days does not mean that courts will automatically approve all divorces on the 61st day. It’s important to remember that the divorce process is not always quick and doesn’t always end after 60 days.
However, if the marriage is pronounced null and invalid, the 60-day rule does not apply. Instead, the 60-day “cooling down” period in Texas allows divorcing couples to give their marriage a fair shot at saving itself.