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Uncontested divorce in Texas with no children - do we have to wait 61 days to finalize?

Houston, TX |

My husband and I are getting divorced in Harris County. There are no children of the marriage. The divorce is uncontested. Do we have to wait 61 days to finalize the divorce, or is there any way to bypass the waiting period?

Attorney Answers 3

Posted

Well, there is ONE exemption--it's just very limited in scope and hopefully doesn't apply in your case. If the judge makes a specific type of family violence finding, the 60 days can be waived. It takes a showing that the person who did not file for divorce (who's called the respondent), either has an active protective order due to family violence against the petitioner or another member of the household, or that he or she has a conviction or deferred adjudication probation judgement for a family violence offense. Other than that, you really are out of luck on this, no matter how good a lawyer you have or what you claim to the court--sorry.

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Asker

Posted

Luckily, no family violence here. Thanks!

M Elizabeth Gunn

M Elizabeth Gunn

Posted

You're welcome. This provision is basically in there to provide a "cooling-off period" to try to reduce the number of people who get mad at their spouses and file for divorce, only to realize (sometimes too late to dismiss), that they didn't really want to do that after all. You'd be surprised how many people actually ro end up changing their minds and dropping divorces before they finalize.

Fran Brochstein

Fran Brochstein

Posted

Elizabeth - thanks for your follow-up answer. I forgot to include that since it did not sound like family violence was an issue in this case. You are correct & I appreciate your input! I enjoy reading your answers on this website - they are insightful & accurate. Enjoy this lovely fall weather!

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Thank you, Fran--that's very nice of you. No, I almost didn't put that myself, but figured, you never know--that's a subject people don't always feel comfortable talking about, and actually there's no reason at all someone who didn't already know about that provision would think it had any relevance here. Hope you're having a great weekend!

Posted

You have to wait. There is no way to bypass the waiting period. You can read the TX Family Code on-line. There is no exemption to the waiting period. Good question - I haven't seen this one in quite awhile.

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Posted

Hah, thanks. I did look through here first before asking, as I hate being told on forums to look at all the many previous answers to the same question. Thanks for the information. I thought that might be the case but promised my husband (soon to be ex) that I would look into it.

Posted

Uncontested or contested divorces, where there is no issue of violence have a minimum statutory waiting period of 60 days before you can finalize. So the short answer is yes - you have to wait 61 days.

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