Houston, TX asked in Divorce and Family Law for Texas

Q: Is it possible to waive the 60 day wait period for divorce in Texas if previous divorce attempt happened?

My parents filed for divorce in 2015 and while waiting for it to be finalized they cancelled it. They are filing for it again now and we were wondering if it is possible to reopen that original divorce case and have the waiting period waived. This is pertinent as my mom is currently homeless because my dad has taken over the house and she needs to buy a new house. The bank will not let her unless my dad signs for it as well since they are waiting for the 60 days.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: No. There are only two exceptions to the 60-day waiting period, both of which involved family violence.

Typically, the lender would only require your dad to sign the Deed of Trust because of his homestead rights in the event of your mon's death before the loan is repaid. Many married people get loans for homes in which only one spouse is obligated to repay the loan and only that spouse's name goes on the deed for title to the property.

Of course, you will want to make sure the divorce decree and ancillary documents are prepared by a competent family law attorney so that your dad does not have, and cannot make, a claim to the new home after the divorce.

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