FAQ regarding Divorce # 8: How does the Texas waiting period work?

The Court does not have the power to grant a Divorce for at least sixty days after the Divorce petition has been filed. The Texas Legislature’s reason for requiring this waiting period is to ensure that something as serious as a Divorce is not rushed into without a period of reflection and thought. This waiting period cannot be waived by agreement or shortened by the Court.

FAQ regarding Divorce # 7: Can I move after the Divorce case is filed?

Ordinarily, yes. As long as you were a resident of Texas for at least six months and of the County where you filed for ninety days before filing the Divorce petition, then you can move after the petition is filed. However, you should be aware that many Courts have “local rules” requiring notice and possibly agreement from the other spouse (or an order from the Court) before you can move out of the County where the Divorce petition was filed, particularly when children are involved. You should also check to see if a Temporary Restraining Order, Temporary Injunction, or some geographical restriction is in place before you leave.

It is generally a good idea to wait to move until after the case is finalized, and we strongly suggest at least waiting until service of process is obtained to be sure that the case does not have to be dismissed. However, if relocation is absolutely necessary prior to the time the Divorce becomes “final,” there are procedures that allow you to legally do so.

FAQ regarding Divorce # 6: I just moved here, can I still get a Divorce?

Maybe. It depends on where you moved from and how long you have lived here. Texas has a residency requirement. At least one spouse must have resided in this State for the preceding six month period prior to the filing of the Divorce case, and one spouse must have resided in the County where the Divorce will be filed at least ninety days preceding the date of filing. This is “jurisdictional,” meaning that the Court has no power to act, including granting the Divorce, unless the residency requirement is met.