Is there a waiting period to divorce my wife while she is in jail

In Texas

Asked on September 3, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no waiting period for spouses in jail.  Texas does have a cooling off period... which means that after the divorce is filed, you have to wait 60 days for it to be finalized.  However, this is a general waiting period that begins on the date of filing.  If your wife is still in jail on day 61, you can still proceed to have your divorce finalized.  You are not required to wait for her release to proceed.
Even though your wife is in jail, she is still entitled to notice of the suit.  You can have her served with notice of the suit while she is in jail.  It is actually easier to have someone served in jail since they cannot hide from a process server. If she fails to file an answer twenty one days after service and by the 60 day cool off period... then you can proceed to obtain what is called a default divorce.

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