If you’re filing for divorce in Dallas, one of the first questions you may ask is: “Do I really have to wait 60 days?”
Short answer: Yes. In most cases, Texas law requires a 60-day waiting period before a divorce can be finalized. That law applies in Dallas County, too.
The part that confuses people is this: the 60 days does not mean your divorce will automatically be finished in two months. For some couples, things move quickly once the waiting period ends. For others, it takes much longer depending on disagreements about property, children, or support.
What the 60-Day Waiting Period Actually Is
Texas has a mandatory waiting period built into its divorce laws. In most divorces, the court cannot finalize your case until at least 60 days have passed from the date the Original Petition for Divorce is filed.
The countdown starts the day the petition is filed with the court, not the day you separate, and not the day your spouse is served.
For example: divorce filed on June 1, day 60 falls on July 31, earliest possible finalization is August 1. That timeline applies in Dallas County or anywhere else in Texas.
The official statute is Texas Family Code Section 6.702 (https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm#6.702).
Why Texas Has a Waiting Period
The idea behind the law is a short “cooling off” period before a marriage officially ends. In practice, most people who contact a divorce attorney have already spent months or years thinking through the decision. The waiting period applies anyway, even in uncontested divorces where the spouses agree on everything.
That said, the waiting period can work in your favor when you use it. It gives both sides time to gather financial documents, work through property division, create parenting schedules, negotiate settlement terms, and avoid rushed decisions that create bigger problems later. If you and your spouse are largely in agreement, the process tends to feel much smoother once the 60 days pass.
Use the 60 Days. Don’t Just Wait Them Out.
The 60-day waiting period is not dead time. It’s the most important window in the entire divorce.
From practice: A typical example, composite but representative, is the couple who walks in saying “we agree on everything, just draw it up.” We file. Then around week four, one spouse talks to a friend whose attorney mentioned retirement account splits. By week six, that “we agree on everything” deal isn’t a deal anymore. The 60 days didn’t cause the disagreement. It gave space for the disagreement to surface, and that’s actually a feature, not a bug. The couples who use those weeks to run the finances to ground, identify every account, and write down what they want sign on day 61 and don’t see each other again. The couples who treat the 60 days as a countdown and do nothing usually end up restarting the conversation at the courthouse.
If you’re going to spend the time anyway, use it. The work that gets done in those 60 days, discovery, drafting, negotiation, is the same work that has to get done eventually. Doing it under a deadline you already have is cheaper than doing it under one a judge sets for you.
Are There Any Exceptions to the 60-Day Rule?
Yes. Texas allows limited exceptions in family violence situations. The waiting period may be waived if there has been family violence and the other spouse has been convicted or received deferred adjudication for it. Active protective orders may also qualify. These exceptions are fact-specific. If you think they might apply, talk to a lawyer before filing.
Some general background on Texas divorce is available at TexasLawHelp: (https://texaslawhelp.org/family-divorce-children/divorce).
Does 60 Days Mean You’ll Be Finished in 60 Days?
Not necessarily. The 60-day period is the earliest point a divorce can legally be finalized. Many divorces take longer because the parties are still working through custody and parenting schedules, community property division, retirement accounts, selling a house, temporary orders, or spousal support. In genuinely agreed divorces with no kids and simple property, finalization shortly after the waiting period is realistic.
If both parties are organized and cooperative, a clear process and a flat-fee structure can keep delays down. Our AltFee pricing model (https://www.chrislawyer.com/altfee/) is designed to give Dallas families clarity around cost and process from the beginning.
What to Actually Do During the 60 Days
This is usually the phase where financial information gets exchanged, settlement discussions happen, parenting plans get drafted, mediation may occur, and temporary agreements are negotiated.
For parents, it’s the best time to start thinking about long-term routines for the kids rather than focusing only on the immediate conflict. If custody is involved, our Dallas child custody page (https://www.chrislawyer.com/practice-areas/child-custody/) explains how Texas courts typically approach parenting arrangements.
FAQ: Texas Divorce Waiting Period in Dallas
Does the 60-day divorce law apply in Dallas County?
Yes. Dallas County follows the same Texas state divorce laws as the rest of Texas.
Can a divorce be finalized before 60 days?
Usually no, unless a qualifying family violence exception applies.
Does the 60-day clock start after my spouse is served?
No. It starts the day the divorce petition is filed with the court.
Can we still negotiate during the waiting period?
Yes. Most of the substantive negotiation happens during that window.
What if we already agree on everything?
You still generally must wait the full 60 days before finalizing. Use the time to make sure the agreement is actually complete and in writing.
Bottom Line
The 60-day waiting period catches a lot of Dallas couples off guard, especially when both spouses are ready to move forward quickly. Understanding the rule early helps you plan, avoid frustration, and use the time productively instead of watching the calendar.
If you’re considering divorce in Dallas and want a straightforward explanation of your options, the Law Office of Chris Schmiedeke offers flat-fee consultations focused on clarity, planning, and practical next steps.
Contact the Law Office of Chris Schmiedeke (https://www.chrislawyer.com/contact/)
Chris Schmiedeke
Texas Bar 1993, 33 years of family law practice, AltFee Modern Pricing Certified, 2020 Top 3 Divorce Lawyers in Dallas (Three Best Rated)
As originally answered on Avvo, expanded for 2026.