When doesa waiting period to re-marry actually start?

My wife filed the petition for divorce in 01/11 but hasn’t paid for it yet. She was denied the free service but she is telling me that everything will be final on 03/29. Do I need to send in my answer for divorce if she hasn’t paid the filing fees? Also, does the TX 61-day waiting period start on the day she originally filed or the day that she actually pays the filing fees and the papers are processed?

Asked on March 21, 2011 under Family Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Either way, you should file because to not file could cause you to default and that may create legal implications for you down the line in terms of asset division. The court in the state of Texas cannot grant a divorce until the 60th day after the date the suit was filed. In usual proceedings, this means starting the count down 1 day after. It would be up to the court to decide if it would entertain waiving any fees based on economic need or hardship and it would accept it as a legal petition for dissolution of marriage. If the court has, she must give you due notice so you have an opportunity to answer. You are not required to file an answer but talk to a family law attorney about whether in your situation with your particular marital assets or orders for support you would need to answer. Further, you can always waive process so you don't have to be served.

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