How long can you delay a divorce in Texas?
While there is no established Texas law regarding how long a divorce can be paused, there are some legal aspects to consider to make sure that your divorce petition does not expire.
When Should I File My Answer? An answer to a divorce petition must be filed within a certain timeframe. If you are served in person or by certified mail, you need to submit your answer by 10 am on the Monday after 20 days have gone by since you were served with papers.
What if you file for divorce and then change your mind? Can you dismiss a divorce case in Texas? Absolutely, as long as both spouses agree and the divorce hasn't been finalized.
Unless there was family violence, the judge can't finalize a divorce at the hearing until 60 days after the petition for divorce was filed. Keep that in mind when "setting," or scheduling, your hearing.
When you file a divorce, in most states you have to wait a certain period of time before you are allowed to finalize or finish the divorce. This is called a divorce waiting period or cooling off period. The longest wait is 365 days and the shortest wait is 0 days.
The Pros of Delaying a Divorce
Delaying a divorce for financial reasons could have several benefits – you could have a better opportunity to rid yourself of debt, to sell your home in a better market, to build up your emergency fund, or to simply get your money in order.
If your spouse doesn't file a response within 30 days of being served, you can ask the court for a default. This means asking the court to decide the case without your spouse's input. In a divorce by default, the court will make decisions based on the information you file and what the law says.
Abandonment laws in Texas apply when one spouse leaves the marital home without the intent of ever coming back. In addition, the abandoning spouse generally must make no effort to communicate or offer any financial support to the other spouse.
Proceeding With a Divorce If a Spouse Refuses to Appear in Court. Once paperwork is filed, a court hearing date will be set. If only one spouses appears at the hearing, the divorce may proceed as a “default divorce,” meaning the judge may grant the divorce based on the testimony of the spouse that is present.
Once you file your divorce petition, you must wait at least 60 days before the court will divorce you. The Texas waiting period for divorce means that the soonest you can get a divorce is 61 days after you file. In practice, many people need to wait more than 61 days, even if they are having an uncontested divorce.
Is there a 60-day waiver for divorce in Texas?
In almost all cases, you must wait at least 60 days before you can finish your divorce. There are only two exceptions to the 60-day waiting period. Both exceptions involve family violence.
Likewise, you cannot stop a divorce by refusing to sign the papers. In Texas, refusing to sign divorce papers will not stop a final divorce decree. If one party is seeking a legal divorce they will get it whether the other party signs divorce papers or not.
As mentioned earlier, a Texas Divorce takes care of property, children, and marriage. To finalize divorce after the 60-day waiting period, it will be necessary for both spouses to sign a written agreement settling all divorce issues. This written agreement is called a Final Decree of Divorce.