Tex. Fam. Code Section 6.702
Waiting Period


(a)

Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.

(b)

A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.

(c)

A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that:

(1)

the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 (Family Violence) against the petitioner or a member of the petitioner’s household; or

(2)

the petitioner has an active protective order under Title 4 or an active magistrate’s order for emergency protection under Article 17.292 (Magistrate’s Order for Emergency Protection), Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 896 (H.B. 72), Sec. 1, eff. June 19, 2009.

Source: Section 6.702 — Waiting Period, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­6.­htm#6.­702 (accessed May 25, 2024).

6.001
Insupportability
6.002
Cruelty
6.003
Adultery
6.004
Conviction of Felony
6.005
Abandonment
6.006
Living Apart
6.007
Confinement in Mental Hospital
6.008
Defenses
6.103
Underage Annulment Barred by Adulthood
6.104
Discretionary Annulment of Underage Marriage
6.105
Under Influence of Alcohol or Narcotics
6.106
Impotency
6.107
Fraud, Duress, or Force
6.108
Mental Incapacity
6.109
Concealed Divorce
6.111
Death of Party to Voidable Marriage
6.201
Consanguinity
6.202
Marriage During Existence of Prior Marriage
6.203
Certain Void Marriages Validated
6.204
Recognition of Same-sex Marriage or Civil Union
6.205
Marriage to Minor
6.206
Marriage to Stepchild or Stepparent
6.301
General Residency Rule for Divorce Suit
6.302
Suit for Divorce by Nonresident Spouse
6.303
Absence on Public Service
6.304
Armed Forces Personnel Not Previously Residents
6.305
Acquiring Jurisdiction over Nonresident Respondent
6.306
Jurisdiction to Annul Marriage
6.307
Jurisdiction to Declare Marriage Void
6.308
Exercising Partial Jurisdiction
6.401
Caption
6.402
Pleadings
6.403
Answer
6.404
Information Regarding Protective Orders
6.405
Protective Order and Related Orders
6.406
Mandatory Joinder of Suit Affecting Parent-child Relationship
6.407
Transfer of Suit Affecting Parent-child Relationship to Divorce Court
6.408
Service of Citation
6.409
Citation by Publication
6.410
Report to Accompany Petition
6.411
Confidentiality of Pleadings
6.501
Temporary Restraining Order
6.502
Temporary Injunction and Other Temporary Orders
6.503
Affidavit, Verified Pleading, and Bond Not Required
6.504
Protective Orders
6.505
Counseling
6.506
Contempt
6.507
Interlocutory Appeal
6.601
Arbitration Procedures
6.602
Mediation Procedures
6.604
Informal Settlement Conference
6.701
Failure to Answer
6.702
Waiting Period
6.703
Jury
6.704
Testimony of Husband or Wife
6.705
Testimony by Marriage Counselor
6.706
Change of Name
6.707
Transfers and Debts Pending Decree
6.708
Costs
6.709
Temporary Orders During Appeal
6.710
Notice of Final Decree
6.711
Findings of Fact and Conclusions of Law
6.712
Date of Marriage Requirement in Final Decree
6.801
Remarriage
6.802
Waiver of Prohibition Against Remarriage
6.4035
Waiver of Service
6.6015
Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate

Accessed:
May 25, 2024

§ 6.702’s source at texas​.gov