Why Texas’s 60-Day Divorce Waiting Period Actually Protects You (Even When It Feels Frustrating)
Texas’s 60-day divorce waiting period might feel like forever when you just want to move on, but it’s actually designed to protect you from making rushed decisions that could hurt your finances, custody arrangements, and future happiness.
Key Takeaways:
Texas requires a 60-day waiting period between filing for divorce and finalization (with limited exceptions for family violence cases), giving couples time to make informed decisions about property division, custody arrangements, and support payments.
The 60-day waiting period allows you to gather comprehensive financial documentation, analyze marital assets and debts thoroughly, and explore settlement options, including mediation and collaborative divorce, before court intervention becomes necessary.
Your divorce attorney can use the 60-day period to build stronger legal strategies, conduct thorough discovery processes, and negotiate better settlements through measured back-and-forth discussions rather than rushed agreements.
When you’re ready to move on from your marriage, the last thing you want to hear is that Texas law requires you to wait 60 days after filing before your divorce can be finalized. That’s beyond understandable, because when you’ve made the difficult decision to divorce, waiting feels like cruel and unusual punishment. You want closure, you want to start fresh, and you want it now.
It might be hard to hear, but the truth is that this waiting period actually works in your favor more often than not. What feels like an obstacle is really a safety net, and in this blog, we’ll explain why this “cooling off” period might be one of the best protections Texas law offers divorcing couples.
Understanding Texas’s 60-Day Rule
Texas Family Code Section 6.702 requires a 60-day waiting period between filing your petition for divorce and when the court can grant your final decree. This isn’t just bureaucratic red tape—it’s intentionally built into the law to serve specific purposes.
The clock starts ticking the day you file your initial divorce petition, not when you serve papers to your spouse or when they respond. So if you file on January 1st, the earliest your divorce can be finalized is March 2nd (assuming it’s not a leap year).
There are limited exceptions to this rule, primarily involving family violence situations where continuing the marriage poses a threat to someone’s safety. But for the vast majority of Texas divorces, you’ll work within this 60-day framework.
Why the Waiting Period Exists (It’s Not to Torture You)
The waiting period serves several important purposes that benefit you, even when it doesn’t feel that way.
It prevents impulsive decisions. Divorce ranks among life’s most stressful experiences, right up there with the death of a loved one and job loss. When you’re operating under that level of stress, your decision-making can get clouded by emotions like anger, hurt, or fear. The 60-day period gives you space to make sure you’re thinking clearly about one of the most important decisions of your life. Sometimes people need time to process the reality of divorce before they can make sound decisions about their future.
It encourages reconciliation when appropriate. Not every marriage that hits the divorce filing stage is truly over. Sometimes, couples need the wake-up call of actually filing to start addressing their problems seriously. The waiting period provides space for counseling, reflection, or simply an honest conversation about whether the marriage can be saved. While divorce is absolutely the right choice for many people, it shouldn’t be a decision made in the heat of the moment if there’s still hope for the marriage.
It protects you from hasty financial decisions. Divorce involves complex financial decisions that will affect you for years to come. How you divide property, handle debt, and structure support payments requires careful thought and planning. The waiting period gives you time to gather financial documents, understand your assets and debts, and make informed decisions about your economic future. The waiting period forces you to slow down and think through the long-term consequences of your choices.
How the Waiting Period Actually Helps Your Case
Rather than viewing these 60 days as dead time, smart divorcing individuals use this period strategically to strengthen their position. You can too, by:
Methodically Gathering Important Documents – Divorce requires extensive documentation – tax returns, bank statements, investment account records, insurance policies, and more. Rushing to gather these documents often means missing important information that could affect your settlement. The waiting period gives you time to be thorough and methodical in collecting everything you need.
Fully Analyzing Your Financial Picture – Many people don’t have a complete picture of their marital finances. The waiting period allows you to dig into account statements, understand investment holdings, research property values, and get a clear picture of what you’re actually dividing. Knowledge is power in divorce negotiations.
Thoroughly Considering Your Children’s Needs – If you have kids, the waiting period gives you time to think carefully about custody arrangements, parenting schedules, and support needs. Rather than accepting the first proposal that comes along, you can consider different options and think about what will actually work for your family long-term.
Meticulously Exploring Settlement Options – The majority of Texas divorces settle out of court, but reaching a good settlement takes time and negotiation. The waiting period provides space for these discussions without the pressure of an immediate court deadline. You can explore mediation, collaborative divorce, or traditional negotiation to find solutions that work for both parties.
Making the Most of Your 60 Days
Since you’re going to wait anyway, you might as well make this time work for you. There are numerous ways you can use these 60 days productively. First, you can get organized by creating a comprehensive list of all your marital assets and debts. This might include gathering recent statements for all accounts and making copies of important documents like tax returns, insurance policies, and retirement account statements. The more organized you are, the smoother your divorce process will go.
Next, consider what your goals are beyond the pain or sadness you’re feeling right now. What do you really want from this divorce? Think beyond just “getting it over with.” Consider your long-term financial security, your relationship with your children, and what your post-divorce life should look like. Having clear goals helps your attorney negotiate more effectively on your behalf.
Remember to take care of yourself during this time, too. Divorce is emotionally and physically draining. Use this time to establish healthy routines, connect with supportive friends and family, and consider counseling if you’re struggling. You’ll make better decisions throughout the process if you’re taking care of your mental and physical health.
Building Your Legal Strategy Takes Time
One of the most undervalued benefits of the 60-day waiting period is how it strengthens your legal representation. When clients first walk into our office, they’re usually overwhelmed and want everything done immediately. But an effective divorce strategy requires careful planning, not rushed decisions.
During these 60 days, you and your attorney can develop a real working relationship. Your lawyer gets to understand your priorities, concerns, and long-term goals—something that can’t happen in a single consultation. The waiting period gives your attorney time to research complex issues, consult with experts when necessary, and build a comprehensive strategy for your case.
The negotiation process also benefits tremendously from this time buffer. Good divorce settlements don’t happen overnight—they’re the result of strategic back-and-forth discussions and creative problem-solving. When attorneys have 60 days to work with, they can take a measured approach to negotiations rather than feeling pressured to accept the first reasonable offer. This extra time often translates into better financial outcomes and more workable custody arrangements.
The Countdown to Your New Life Begins Now. Let Hembree Bell Law Firm Help You Make the Most of These 60 Days!
The 60-day waiting period isn’t a punishment in any way, shape, or form. Rather, it’s a time of preparation, and if you use it wisely, you’ll thank yourself later! With decades of collective experience, our skilled Texas divorce lawyers can help you make the most of this time and position yourself for the best possible outcome. We use this time to understand your goals and priorities, craft a legal strategy that reflects your needs, negotiate from a position of strength, and make sure you’re fully prepared for your next chapter.
Your new life is coming, and taking the time to plan it carefully will serve you well for years to come. The waiting period might feel frustrating now, but it’s actually one of the best things Texas law does to protect your future interests.
Your future self will thank you for using this time to build the foundation for your next chapter! Book your free case evaluation to learn more about how we can support you during this time.