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CALawyer
CALawyer, Lawyer
Category: Family Law
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Experience:  California Family Law Attorney
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My wife left me for the second time on November 8, 2005. I

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My wife left me for the second time on November 8, 2005. I would like to get a uncontested divorce at this time. In the state of Texas there is a 61 day waiting period that is required after the divorce is filed. My question is there anyway a divorce in Texas can be sped up by going to another state?
Submitted: 5 years ago.
Category: Family Law
Expert:  CALawyer replied 5 years ago.
Not really. Generally speaking, a 61 day waiting period is very short. Many states have a 6 month waiting period. Some require 2 years. Alabama at 30 days is the shortest if my recollection serves me.

More on point, however, is that most states require you to be a resident for at least 30 days to 6 months before you can even commence a marital dissolution in that state. Alabama requires 6 months.

In my experience, the 61 day waiting period is for the termination of marital status. Usually a judgment can be obtained beforehand saying that status terminates on that date.

Sorry its not better news.



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Customer: replied 5 years ago.
So u think if i file the divorce it will be granted we are just waiting the 61 day period before it becomes final?
Expert:  CALawyer replied 5 years ago.
Let me check the statute and I will post it up. Some states do have a pre-filing waiting period for no-fault divorces, so I want to be sure.
Customer: replied 5 years ago.
Yes, please check. My wife has rhematoid artheritis and I think she needs this divorce so my income will not effect her filling for disability.
Expert:  CALawyer replied 5 years ago.
Texas appears to have no pre-filing waiting period.

The waiting period is between the date that the petition is filed and the date that the dissolution can be effective.

As I explained previously, parties can submit all the paperwork beforehand and have the dissolution entered, effective on the 61st day.

Here is a link to a pretty good explaination for TX: CLICK HERE.

Here is the text of the statute:

Texas Family Code Sec. 6.702. WAITING PERIOD. (a) 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.


Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.



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Remember, this is for entertainment and educational discussion only and is not intended as legal advice and that no attorney client relationship is formed.

CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience: California Family Law Attorney
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