When does the 61 day waiting period actually start?

Get Legal Help Today

 Secured with SHA-256 Encryption

When does the 61 day waiting period actually start?

My wife filed for divorce on 01/24 but she hasn’t paid the filling fees. She told me that 03/29 would be the day this all went through. Is the 61 day waiting period still in affect even though she hasn’t actually paid to have the papers processed?

Asked on March 25, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Are you rally sure about all of this?  Are you sure that she actually filed?  Because in my experience a Court will not issue an index number (the number that they assign a lawsuit when the matter is filed in Court) unless you pay the fee or file for indigent status.  If I were you I would really double check on all of this.  I am assuming that the matter is uncontested, correct?  And that all the necessary affidavits are filed so there is no need for her to serve you, correct?  The go down to court and take a look and see of thee is a case pending.  If there is then I would ask the status and when the 61 days fall. I am doubtful here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption