Texas Family Code - FAM § 6.702. Waiting Period

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(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 against the petitioner or a member of the petitioner's household;  or

(2) the petitioner has an active protective order under Title 4   1 or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure , based on a finding of family violence, against the respondent because of family violence committed during the marriage.

1  V.T.C.A., Family Code § 71.001 et seq.

Cite this article: FindLaw.com - Texas Family Code - FAM § 6.702. Waiting Period - last updated April 14, 2021 | https://codes.findlaw.com/tx/family-code/fam-sect-6-702.html


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