Texas Divorce Waiting Period: What You Need to Know

Texas Family Code Section 6.702 requires a mandatory 60-day waiting period before a court can grant a divorce. This means that from the date you file your Original Petition for Divorce, at least 60 days must pass before the judge can sign your Final Decree of Divorce. This applies to all divorces in Texas, including uncontested ones where both spouses agree on everything.

The 60-day period begins on the date the Original Petition for Divorce is filed with the District Clerk — not the date you start the questionnaire or prepare the documents. The filing date is stamped on your petition by the clerk when you e-file or file in person.

The court may waive the 60-day waiting period in cases involving family violence, if there is a protective order or active family violence case. However, for the vast majority of uncontested divorces, the 60-day period applies in full.

Use this time productively. If you have not yet served your spouse or obtained a signed Waiver of Service, do that now. Gather any remaining financial documents. Review your settlement agreement to make sure all terms are correct. If you need to update any information in your documents, this is a good time to do it before the prove-up hearing.

After the 60-day waiting period has passed, you can request a prove-up hearing date from the court. The hearing is typically short — 5 to 10 minutes. The judge reviews your paperwork, asks basic questions, and signs the Final Decree of Divorce. In some Texas counties, you can schedule the hearing as soon as the 61st day after filing.

With all paperwork prepared in advance, a Texas uncontested divorce typically takes 60–90 days from filing to finalization. The 60-day waiting period is the primary timeline factor. After the waiting period, scheduling the prove-up hearing may take an additional 1–4 weeks depending on court availability in your county.