Texas’s 60-Day Divorce Waiting Period: What Should Actually Happen During Those 60 Days?
By Bo
Nichols
Oct 30, 2026
Texas's 60-Day Divorce Waiting Period: What Should Actually Happen During Those
60 Days?
Deciding to end a marriage is never easy. Once you file for divorce in Texas,
you may expect the process to move quickly, especially if both spouses agree
that the marriage is over. However, Texas law generally requires a mandatory
60-day waiting period before a divorce can be finalized.
So, what should you actually do during those two months? The answer is more
important than many people realize. These 60 days are an opportunity to organize
your finances, protect your legal interests, establish parenting arrangements,
and prepare for the next chapter of your life.
Working with an experienced Family law attorney Houston, TX residents can trust
may help you use this period productively rather than simply waiting for the
calendar to run out.
What Is the 60-Day Divorce Waiting Period in Texas?
Under Texas Family Code Section 6.702, a court generally cannot grant a divorce
before the 60th day after the divorce petition is filed. This waiting period
applies even when both spouses agree on every issue.
The clock begins when the Original Petition for Divorce is filed, not when
spouses separate or decide to divorce.
There are limited exceptions involving certain family violence convictions,
deferred adjudications, or qualifying protective orders. These exceptions are
specific, so anyone concerned about domestic violence should consult an attorney
about their circumstances.
One important distinction: The 60-day period is a minimum waiting time, not a
guarantee that your divorce will be finalized on day 60. Disagreements over
property, children, finances, or court scheduling can extend the process.
1. Get Your Financial Documents in Order
One of the most productive things you can do during the waiting period is
develop a clear picture of your financial situation.
Start gathering documents such as:
Bank and investment account statements
Recent tax returns and pay stubs
Mortgage statements and property records
Retirement account balances
Credit card statements and outstanding loan information
Business ownership records, if applicable
Understanding what you own and owe can make negotiations more informed and help
identify financial issues before they become disputes.
Texas generally follows community property rules, but that does not mean every
asset is automatically divided equally. Courts divide the marital estate in a
manner they consider just and right, taking relevant circumstances into account.
A Property division attorney Houston, TX residents consult can help distinguish
community property from separate property, evaluate complicated assets, and
identify questions involving retirement accounts, real estate, or business
interests.
Avoid hiding assets, draining accounts, or making major financial decisions
without understanding the potential legal consequences.
2. Establish Temporary Arrangements for Daily Life
Divorce proceedings can take months, and everyday responsibilities do not stop
while the case is pending. You may need to decide who stays in the marital home,
how household bills will be paid, and how each spouse will manage living
expenses.
Temporary orders can address matters such as exclusive use of property, payment
of certain expenses, parenting schedules, child support, and other issues while
the divorce is pending.
If you and your spouse cannot agree, a Divorce lawyer Houston, TX residents rely
on can explain whether requesting temporary orders makes sense for your case.
Do not assume that moving out automatically means forfeiting your ownership
rights to the home. However, decisions about leaving the residence, paying
expenses, or relocating children can have practical and legal consequences. Get
advice before making major changes.
3. Create a Practical Parenting Plan
When children are involved, the waiting period should be used to prioritize
stability and reduce uncertainty.
Parents should consider where children will live, how exchanges will work, who
will handle school transportation, and how holidays and extracurricular
activities will be managed.
Texas courts generally make custody-related decisions based on the child's best
interests. Consistency, safety, and each parent's ability to meet the child's
needs can be important considerations.
A Child custody lawyer in Houston, TX, can help families develop a workable
parenting plan and explain conservatorship, possession schedules, and
decision-making responsibilities.
Parents should also discuss financial responsibilities. A Child support lawyer
Houston TX residents consult can explain how support is calculated under Texas
guidelines and how factors such as income, health insurance, and other relevant
circumstances may affect the outcome.
Keep communication respectful and focused on the children. Avoid using children
as messengers or discussing adult disputes with them.
4. Exchange Information and Explore Settlement
The waiting period is an ideal time to identify unresolved issues and determine
whether they can be settled without a trial.
Make a list of questions about property, debts, support, parenting arrangements,
and any other outstanding concerns. Your attorney can help you determine what
information is needed, whether formal discovery is appropriate, and which issues
may require negotiation or mediation.
Even couples who initially agree on everything may discover disagreements once
they review finances or discuss parenting schedules in detail.
An experienced Houston family lawyer can help evaluate settlement proposals,
explain potential risks, and work toward an agreement that reflects your
circumstances. A Houston family law specialist with experience in contested and
uncontested matters can also help identify issues that might otherwise delay
finalization.
Do not sign an agreement simply because you want the divorce to end quickly.
Understand its long-term financial and parenting consequences first.
5. Review Existing Agreements and Future Financial Needs
If you and your spouse have a premarital agreement, now is the time to locate it
and have it reviewed. Its terms may affect how certain assets, debts, or other
financial matters are handled during divorce.
A Premarital agreement lawyer Houston TX residents consult can explain how an
existing agreement may apply and whether enforceability questions need to be
addressed.
You should also begin planning for life after divorce. Review your expected
monthly expenses, insurance coverage, housing costs, retirement plans, and
account beneficiaries. Some changes may need to wait until the divorce is
finalized, so obtain legal and financial guidance before acting.
Whether you need an Experienced Family Lawyer for complex litigation or are
searching for an affordable family law attorney for a straightforward case,
focus on finding counsel whose experience and services fit your needs.
6. Prepare for Finalization Without Rushing the Process
As the 60th day approaches, confirm which issues remain unresolved and what your
court requires before it can finalize the divorce.
Depending on your case, this may involve completing financial disclosures,
negotiating a final agreement, preparing the Final Decree of Divorce, addressing
child-related provisions, and arranging any required court appearance.
The court must still approve the necessary terms. Reaching day 60 does not
automatically dissolve your marriage.
A Child custody lawyer or divorce attorney can help review the final documents
to ensure that important provisions are addressed before you sign or present
them to the court.
Make Your 60 Days Count
The Texas divorce waiting period may feel like an unnecessary delay, but it can
be a valuable opportunity to prepare for a more stable future. Organizing
documents, protecting your financial interests, planning for your children, and
resolving disagreements early can help you approach the next stage with greater
confidence.
The right legal guidance can make these decisions easier to understand and help
you avoid costly mistakes. Rather than treating the waiting period as 60 days of
doing nothing, use it to build a clear plan for what comes next.
If you are considering divorce or have already filed, Bo Nichols Law can help
you understand your options and prepare for the road ahead. Contact the firm to
discuss your circumstances and determine the next steps for your Texas divorce.