As a family law attorney in Texas, I often am asked about the waiting period for divorce. Many clients are frustrated by the idea that they can’t simply walk into a courtroom and have their divorce finalized on the spot. However, there are good reasons for the waiting period, which is mandated by Texas law.
The waiting period for divorce in Texas is 60 days. This means that from the date that your divorce petition is filed with the District Clerk, you must wait at least 60 days before your divorce can be finalized. There are two exceptions to this waiting period, but both involve cases of domestic violence.
So why is there a waiting period for divorce in Texas? The primary reason is to give both parties time to think about the decision to end their marriage. Divorce is a major life event that can have significant emotional, financial, and practical implications. By requiring a waiting period, the state of Texas is giving couples a chance to reflect on their decision and make sure that divorce is truly what they want.
The waiting period can also give couples time to work on their issues and potentially reconcile. Many couples experience ups and downs in their relationships, and sometimes a temporary separation can help them to reassess and repair their bond. The waiting period allows for this possibility.
Another reason for the waiting period is to ensure that both parties have adequate time to prepare for the divorce proceedings. Divorce can be complex and involve numerous legal and financial issues, such as property division, spousal support, and child custody. By requiring a waiting period, the state is giving both parties time to gather the necessary information and evidence to present their case in court.
Finally, the waiting period can also help to reduce the emotional intensity of the divorce process. Divorce can be a highly charged and emotional experience, and the waiting period can give both parties time to cool off and approach the process in a more rational and level-headed manner.
In conclusion, while the waiting period for divorce in Texas can be frustrating, it serves an important purpose. It gives couples time to reflect on their decision, potentially reconcile, prepare for the divorce proceedings, and approach the process in a more rational and level-headed manner. As a family law attorney, I always advise my clients to use this time wisely and make sure that divorce is truly the right decision for them.
For More Information About Divorce Contact an Experienced Dallas Family Law Attorney
To schedule a free initial consultation with a Dallas Family Law Attorney, contact Paula Lock Smyth Law Offices at 214-420-1800. Our office is located at 2911 Turtle Creek Blvd., Suite 300, Dallas, TX 75219.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers. She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.