As we have written before, a judge cannot rule on a Texas divorce for at least 60 days after the petition is filed. While that 60-day waiting period may be an unwelcome mandate for couples looking to divorce quickly, there is a very good reason for it, as it allows them time to cool off and ensure a divorce is really what they want. But does that mean nothing is being done in the meantime?
Our attorneys at Nelson Law Group frequently field this question from clients. After all, the mere mention of a “cooling-off period” insinuates that all legal conversations with their respective attorneys and preparatory legwork for future proceedings are off limits, too.
We are here to tell you that could not be further from the truth.
The 60-Day Waiting Period Is Still a Busy Time
It should first be mentioned that the 60-day waiting period can only be waived if the case involves domestic violence. If there is no threat of violence, the goal is to give you and your spouse time to think through your decision to divorce, have fruitful conversations (possibly with a marriage counselor, your pastor, or family members who love you and have your best interests at heart), and potentially reconcile. No one—that includes your attorney and the judge overseeing your case—wants to see your marriage end unless all efforts to potentially save it have been exhausted.
So, from that standpoint alone, the 60-day waiting period is still a busy time for couples.
Once a final decision to divorce has been made, and you are both ready to move forward, the 60-day waiting period provides you and your respective attorneys with enough time to address legal and practical matters and prepare for impending legal proceedings. Just a few of the important steps you and your attorney can take during the 60-day waiting period include, but are not limited to, the following:
- Gather information and prepare financial documents.
- Address temporary orders (child custody, support, payment of bills, who stays in the marital home, etc.).
- Perform discovery requests.
- Schedule mediation meetings.
- Determine property and asset division.
- Resolve debts and liabilities.
- Negotiate a possible settlement agreement to avoid trial.
This is merely a short list of what can be discussed, decided, or prepared during the 60-day waiting period. Using this time wisely can reduce conflict, legal fees, and court time. And if both sides can reach an agreement, you will have a better chance of a more efficient divorce process once the 60 days are up.
Call Nelson Law Group Today!!
Regardless of your legal matter, you need an advisor to guide you through each stage and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward—inside and outside the courtroom. The Nelson Law Group brings decades of experience to every mediation case.
Give our knowledgeable staff at Nelson Law Group, PC, a call if you have any further questions. Our staff is always available. Give us a call today! For more information about Brett A. Nelson, click here.
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