What is a “cooling off” period?
In Texas, after a party files a divorce case, the court will not finalize the divorce until the mandatory “cooling off” period is over. In Texas, there is a SIXTY (60) day cooling off period that is required after the Original Petition for Divorce is filed. The law was enacted to prevent couples from obtaining a divorce only to remarry again.
There are only TWO (2) exceptions to the 60-day waiting period. You can ask for an exemption, if your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household; or if you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage.
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