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.
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.
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:
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
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.