When you’re ready to move forward with your life, waiting can feel frustrating. If you’re seeking a Texas divorce in Plano, you might wonder why the law imposes a 60-day waiting period before your divorce can be finalized. Understanding the reasons behind this rule—and knowing how to use this time effectively—can empower you to make the best decisions for yourself and your future.
At G.J. Chavez & Associates, P.C., we believe in providing clear guidance and practical support so you can approach this transition with confidence. Let’s break down the purpose of the 60-day waiting period and outline proactive steps you can take during this time.
Table of Contents
The Legal Reasoning Behind the 60-Day Waiting Period
Protecting Families and Encouraging Reflection
Texas law requires a 60-day waiting period from the date a divorce petition is filed to the earliest possible day it may be finalized. This policy exists to:
- Allow both parties a period of reflection before making a life-altering decision
- Encourage reconciliation, if possible, especially when children are involved
- Prevent impulsive decisions driven by heightened emotions
The state recognizes that divorce is a significant legal and emotional step. The waiting period serves as a built-in “cooling-off” phase, protecting individuals and families from the consequences of hasty actions.
Statutory Foundation
The Texas Family Code (Section 6.702) codifies this requirement, stating that a court may not grant a divorce before the 60th day after the petition is filed. Exceptions are rare (such as certain cases involving domestic violence), and the rule applies to virtually every divorce filed in Plano, TX, and across the state.
How the 60-Day Waiting Period Affects Your Plano Divorce
What Happens During This Time?
- Court Processing: The court uses this time to process paperwork, schedule hearings if needed, and ensure all legal requirements are met.
- Negotiation Window: Spouses can negotiate terms for property division, child custody, and support.
- Mediation Opportunities: Many couples use this period for mediation, which can help resolve disputes and encourage amicable agreements.
- Finalization Prep: You and your attorney can review all documents for accuracy and completeness, so when the waiting period ends, your divorce can be finalized quickly.
Can the Waiting Period Be Waived?
Waivers are only granted in extreme circumstances, such as cases involving family violence (where immediate safety is a concern). For most divorces in Plano, TX, the 60-day period is mandatory.
Making the Most of the 60-Day Waiting Period: 8 Productive Steps
Instead of viewing the waiting period as a roadblock, consider it a valuable opportunity to prepare for your next chapter. Here’s how you can use this time wisely:
1. Organize and Review All Legal Documents
Start by ensuring that all necessary paperwork is complete. This includes:
- The Original Petition for Divorce
- Financial disclosures
- Child custody and support agreements (if applicable)
- Property and debt inventories
Work closely with your attorney to avoid delays caused by incomplete or incorrect forms.
2. Assess and Document Financial Assets and Debts
Transparency is crucial for a smooth divorce process. Use this time to:
- Collect bank statements, tax returns, and pay stubs
- Document all marital and separate property
- List outstanding debts and liabilities
Proper documentation helps ensure a fair division of assets and liabilities.
3. Develop a Parenting Plan (if Children Are Involved)
Parents should work together to create a comprehensive parenting plan that covers:
- Custody and visitation schedules
- Child support arrangements
- Provisions for holidays, vacations, and special events
A clear plan reduces conflict and provides stability for your children.
4. Explore Mediation and Settlement Options
Mediation can help you resolve disagreements without going to court. It also saves time and money. Consider:
- Scheduling sessions with a neutral mediator
- Identifying areas of agreement and compromise
- Drafting a settlement agreement for court approval
5. Seek Counseling or Emotional Support
Divorce can be emotionally taxing. The waiting period gives you a chance to:
- Consult with a therapist or counselor
- Join support groups (in-person or online)
- Focus on self-care and stress management
Mental health support benefits you and your family as you navigate changes.
6. Plan Your Post-Divorce Future
Think about your goals and needs after the divorce is final:
- Housing arrangements
- Employment or career changes
- Financial planning and budgeting
- Updating wills, insurance policies, and beneficiaries
Proactive planning sets you up for a smoother transition.
7. Keep Communication Civil and Productive
If you must communicate with your spouse, strive for civility and clarity. Use this time to:
- Establish respectful boundaries
- Keep conversations focused on practical matters
- Avoid inflammatory language or emotional confrontations
Positive communication can make the process less stressful for everyone involved.
8. Consult with Your Attorney Frequently
Your lawyer is your ally throughout the process. Regular check-ins will help you:
- Stay informed about court dates and requirements
- Clarify any legal questions you have
- Adjust your strategy if circumstances change
G.J. Chavez & Associates, P.C. in Plano, TX, are committed to providing responsive, knowledgeable counsel every step of the way.
Frequently Asked Questions About the 60-Day Waiting Period in Plano, TX
Q: Does the waiting period start when I file or when my spouse is served?
A: The 60 days begin on the date the petition is filed with the court—not when your spouse is served.
Q: Can I remarry immediately after my divorce is finalized?
A: Texas law requires a 30-day waiting period after your divorce is granted before you can remarry, unless the court waives this restriction.
Q: What if my spouse and I reconcile during the 60 days?
A: If you wish to halt the divorce, you can file a notice of non-suit, dismissing the case.
Q: Are there any exceptions for emergencies?
A: Exceptions are rare and typically relate to cases involving family violence or protective orders.
Q: How can I speed up the process?
A: Completing all paperwork accurately and agreeing on terms with your spouse are the best ways to avoid unnecessary delays.
Why Choose G.J. Chavez & Associates, P.C. During Your Divorce Waiting Period?
Our Plano, TX, team believes in more than just legal representation. We’re here to guide you, answer your questions, and advocate for your best interests—every step of the way. We offer:
- Clear communication and frequent updates
- Compassionate, client-centered service
- Decades of experience in Texas family law
- Affordable legal solutions designed to protect your future
If you’re ready to start your divorce or have questions about what to do next, contact us at G.J. Chavez & Associates, P.C..
Wrapping Up: Turn Waiting into Opportunity
The 60-day waiting period for Texas divorce may seem like an obstacle, but it’s designed to safeguard families and encourage thoughtful decision-making. By using this time proactively, you can reduce stress, improve outcomes, and begin your next chapter on solid ground. G.J. Chavez & Associates, P.C. is ready to support you through every stage of your Plano divorce journey.
You Might Find Interesting
- Divorce Mediation or Litigation? Pros and Cons for Your Family’s Future
- What Happens During a Family Court Hearing? A Complete Guide to Divorce and Child Custody Cases
- Decisive Guide: Legal Separation vs. Divorce in Texas—Choose the Path That Protects Your Family
- uslawessentials
- https://statutes.capitol.texas.gov/
