The 60-day divorce waiting period in Texas can be waived only when family violence is part of the case. No other reason qualifies. If your spouse has a conviction or deferred adjudication for a family violence offense against you or a household member, or if you hold an active protective order against your spouse for violence committed during the marriage, a judge can finalize your divorce before day 60. Everyone else waits, no matter how amicable, uncontested, or long-separated the marriage.
What the 60-Day Waiting Period Actually Requires
Texas Family Code Section 6.702 says a court cannot grant a divorce until at least 60 days have passed since the petition was filed.1State of Texas. Texas Code Family Code 6.702 – Waiting Period The clock starts on the filing date, not on the date your spouse is served or files an answer. File on January 5, and the earliest possible finalization is March 6.
There is no shortcut for mutual agreement, financial hardship, or long separation. The only statutory exception is family violence.
One detail that surprises people: if a judge finalizes a divorce inside the 60 days without a valid exception, the decree still stands. The statute bars any later challenge on that ground.1State of Texas. Texas Code Family Code 6.702 – Waiting Period
The Two Grounds That Qualify for a Waiver
Section 6.702 lays out exactly two situations where the waiting period does not apply.1State of Texas. Texas Code Family Code 6.702 – Waiting Period
- A conviction or deferred adjudication. Your spouse has been convicted of, or received deferred adjudication for, a family violence offense committed against you or a member of your household.
- An active protective order. You currently hold a protective order, or a magistrate’s emergency protection order, against your spouse based on family violence that occurred during the marriage.
Two things about that second ground catch people off guard. The violence must have happened during the marriage, not before it. And the order has to be active when you ask the court to waive the wait. A protective order that expired last month will not get you there.
What Texas Counts as Family Violence
Family violence is defined as an act by one family or household member against another intended to cause physical harm, bodily injury, or sexual assault. A credible threat that puts someone in reasonable fear of imminent harm also qualifies. Defensive measures taken to protect yourself do not count.2State of Texas. Texas Code Family Code 71.004 – Family Violence
How Long Protective Orders Stay Active
A standard protective order in Texas lasts up to two years. If the order does not specify a duration, it expires automatically on the second anniversary of its issuance. Courts can extend an order past two years when the abuser committed a felony-level act of family violence, caused serious bodily injury, or was the subject of two or more prior protective orders based on family violence findings.1State of Texas. Texas Code Family Code 6.702 – Waiting Period
Because the waiver depends on the order being active, expiration dates matter. If yours is close to lapsing, file the waiver motion before it does.
How to Ask the Court to Waive the Wait
The petitioner files a written motion in the court handling the divorce, stating which of the two grounds applies. The court sets a hearing on the motion.
What you bring to that hearing depends on the ground:
- For a conviction or deferred adjudication. Bring a certified copy of the judgment of conviction or the deferred adjudication order from the criminal court. The clerk of that court can provide a certified copy.
- For a protective order. Bring a copy of the current protective order or emergency protection order. It should name both parties and reflect the court’s finding of family violence.
The judge reviews the documentation at the hearing. If the statutory conditions are met, the waiting period does not apply and the divorce can move forward immediately.1State of Texas. Texas Code Family Code 6.702 – Waiting Period This is not the kind of motion a judge can deny on general discretion. If your evidence fits the statute, the wait is not required.
If You Don’t Qualify
Nothing else shortens the 60 days. Not a signed agreement between the spouses, not a long prior separation, not proof that the marriage is beyond repair, not financial urgency. If your situation does not fall within the two grounds above, plan on at least 60 days from filing before any judge can sign a final decree, and plan on longer if the case is contested. In uncontested cases, finalization shortly after day 60 is common; contested cases involving property, custody, or support disputes often stretch to six months or more.
Help If You’re Experiencing Family Violence
The National Domestic Violence Hotline offers free, confidential support around the clock. Call 1-800-799-7233 (SAFE), text START to 88788, or use the live chat at thehotline.org. Specialized lines are available for Native Americans (StrongHearts Native Helpline, 844-762-8483), teens (National Teen Dating Abuse Helpline, 866-311-9474), and deaf or hard-of-hearing callers (video phone, 855-812-1001).