How soon can you get a divorce after marriage in Texas?
Mia Ramsey
Published Apr 11, 2026
In any event, Texas law require you to wait at least 60 days after filing your petition before the court grants your divorce. This is called a “cooling-off period.” In theory, it grants the couple time to reconcile before a Final Decree is issued. Of course, that doesn’t happen often.
How long is the waiting period for divorce in Texas?
60 days
There are statutory waiting periods for Texas divorces. As Christine explains, “It takes a minimum of 60 days to get divorced in Texas, because Texas has a mandatory waiting period. In addition, one of the spouses has to have been a resident of Texas for a continuous six-month period before filing for divorce.
Why does Texas have a 60 day waiting period for divorce?
The reason for this is because the state of Texas (through the Texas Family Code) mandates that you wait at least sixty days in order to make sure that a divorce is actually something that you want to do. If not, you have some time to cool off and make other plans.
Can the 60-day waiting period for divorce in Texas be waived?
In almost all cases, you must wait at least 60 days before you can finish your divorce. If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.
Can you speed up a divorce in Texas?
The short answer is often yes, if both parties agree to all-terms of the divorce and furthermore assuming there are not complicating factors such as division of substantial property or child related disputes.
In any event, Texas law require you to wait at least 60 days after filing your petition before the court grants your divorce. This is called a “cooling-off period.” In theory, it grants the couple time to reconcile before a Final Decree is issued.
In almost all cases, you must wait at least 60 days before you can finish your divorce. When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays).
What is the fastest way to get a divorce in Texas?
Typically, filing an uncontested divorce in Texas is an easier process than a contested divorce. An uncontested divorce is more likely to move quicker and be far less costly because there is nothing that the spouses are arguing about, which makes the court’s job of issuing a divorce decree easier.
Why does Texas have a 60-day waiting period for divorce?
The only exception to the 60-day waiting period is if family violence has occurred. The rationale behind this exception is clear—Texas does not want to force an abused spouse to remain married to the abuser. Cases with family violence, therefore, have the option to finish faster than cases without family violence.
How does a divorce work in the state of Texas?
Texas Divorce Basics. Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas. Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to…
Is there a waiting period for divorce in Texas?
Not exactly. There are statutory waiting periods for Texas divorces. As Christine explains, “It takes a minimum of 60 days to get divorced in Texas, because Texas has a mandatory waiting period. In addition, one of the spouses has to have been a resident of Texas for a continuous six-month period before filing for divorce.
Do you have to have fault to get a divorce in Texas?
No, you don’t need to have fault grounds to divorce in Texas. “Texas is a no-fault state, so if you want to get divorced, you can file on the ground of insupportability. No fault means that a spouse does not have to prove the other spouse did anything wrong in order to get divorced.
Is there a cooling off period for divorce in Texas?
You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process. Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed.