If you are facing a Texas divorce, the goal is generally to get to the other side as quickly as possible, which is only natural. Divorce, after all, is a difficult transition that no one wants to linger over longer than necessary. In the State of Texas, however, there is a 60-day waiting period required after the day of filing before your divorce can be finalized.
Many divorcing couples have questions about this seemingly random delay, and better understanding the reasoning behind it can help. Whatever your divorce concerns are, an experienced Copperas Cove divorce attorney is on your side.
The Opportunity to Reconcile
The theory behind this built-in waiting period in the law is to allow divorcing couples the breathing room necessary to reconcile if there is a chance of doing so. You have taken the time necessary to give the matter of divorce the careful thought it requires and have come to a very difficult decision that throws your family into flux (at the very least), and the state takes it upon itself to impose a time out, which many couples believe should be out of the state’s purview.
While the thought of reconciling may be the furthest thing from your mind, the fact is that a considerable number of couples who file for divorce do reconcile, and the court is interested in keeping this number as high as possible. Because divorce is the dissolution of a very meaningful relationship, emotions tend to run extremely high, and having a moment of required reflection can lead to calmer outcomes – even if reconciliation is not in the cards.
How It Works
When you or your divorcing spouse files for your divorce, the filing clerk will add all appropriate filing information, including the date filed. The 60-day waiting period begins on the very next day, and your divorce cannot be finalized before the last day of the waiting period has passed. This is not to say, however, that your divorce proceedings are frozen in time while these 60 days tick by. In fact, the spouse who filed will need to serve the other with copies of the original divorce papers (unless he or she waives the right to service). Further, if temporary orders addressing any of the following are needed, that can also be addressed:
Spousal maintenance (alimony)
Bill paying (while your divorce is pending)
You may even be allowed to go to trial to hammer out any unresolved divorce terms during your waiting period, but what you will not be allowed to do is file the final entry of your divorce decree. The one exception to this rule is if domestic violence is involved.