In Texas, there is a 60-day waiting period before a divorce can become final (unless an exception is granted due to family violence. Even if both spouses agree on everything, there must be at least 60 days from the date you file with the Court until the date the Court grants your divorce. If you and your spouse have an agreement, the divorce attorneys at Mims Ballew Hollingsworth | Family Law can help you finalize your divorce on the sixty-first day after filing. This is the fastest possible outcome.
If you and your spouse do not have an agreement before filing, the time it takes to finalize your divorce depends on many factors including whether children are involved, whether is there a business to value, whether discovery is needed, and the amount of conflict between spouses. Most cases reach a final resolution through an agreement at some point, but if your case goes to final trial, it can often take more than a year to resolve (especially in larger counties where court dockets are backed up).
While some contested divorces can be resolved in a few months, others can take years to finalize. If your divorce involves significant contested issues (i.e. which parent the children will live with, whether one spouse will receive alimony, who will be awarded the marital home), it is best to plan for anywhere between six months to eighteen months to get to the finish line.
If you are considering a divorce and have concerns about the processing dragging out, it is a good option to schedule a consultation with a divorce lawyer at Mims Ballew Hollingsworth | Family Law to discuss your options and develop a game plan to reduce the time it takes to get you divorced.
Being the first to file a case (the Petitioner) provides strategic advantages throughout the litigation. At trial, the Petitioner makes their opening statement first, calls their witnesses first, can delay the other party (the Respondent) from speaking until after all the Petitioner’s evidence is presented, and in closing arguments speaks both first and last.
While the Petitioner and Respondent have the same rights and often share the same burden of proof, filing first can certainly help with persuading the Court. Letting the Court know your side of the story first can help when it comes to decisions such as why your children should live primarily with you, why you deserve alimony or why the other party does not need it, or who gets to keep the marital home. If there are facts harmful to your case, filing first allows you to get in front of these and take the sting out of the Respondent’s argument.
Aside from benefits at trial, filing first provides an opportunity to send a message to the Respondent and direct how the case proceeds. Your first filing can indicate a desire to be amicable or can let the other side know you are prepared to fight. Your first filing can also be used to obtain a restraining order or set a hearing before the Respondent even knows a case is filed. Even how you notify the Respondent can impact your case, whether it is with a formal process server at their place of employment or through providing them the opportunity to avoid this scenario and voluntarily accept the filing.
If you are considering filing a family law case, there are benefits to filing first. Schedule a consultation with a family lawyer at Mims Ballew Hollingsworth | Family Law to discuss these benefits and develop a game plan for your case.
Texas is a community property state. This means when you file for divorce our Courts assume that all property you and your spouse have is owned by the marriage and can be divided. However, if you can prove separate property (e.g., what you had before marriage, gifts you received during the marriage, or inheritance), then you will have a property that the Court cannot take away from you in a divorce.
When a property is divided, the Court does so in a manner that the Judge deems “just and right,” considering the rights of each party and any children of the marriage. This does not necessarily mean an equal division between spouses. What one Judge believes is “just and right” may differ from what another Judge right across the hall in the same courthouse believes.
At Mims Ballew Hollingsworth | Family Law, one of the first things we do in your divorce is finding out what property exists for division. We work with you to obtain information on homes, bank accounts, vehicles, business interests, retirement, stock accounts, debts, and separate property claims. If you are concerned your spouse may be hiding assets we will work with you to find this information and ensure all property is accounted for.
After determining divisible property, the next step is valuation. With some assets, it is not as straightforward as looking at an account balance. Business interests can be difficult to value, home prices are constantly changing, and there may be certain tax implications (capital gains) that need to be assessed.
The process of determining what property is divisible and assessing values can be extremely complex, especially in high-asset divorces. The divorce attorneys at Mims Ballew Hollingsworth | Family Law are experienced in dividing high-asset estates and will work with you and financial professionals to protect your financial interests.
A contested divorce or family law case does not require costly litigation in a public courtroom. You can resolve contested issues through alternative dispute resolution, such as collaborative law, mediation, or arbitration.
These alternatives are often more cost-efficient when compared to going to court, and can result in a faster resolution to your case (in large counties it is not uncommon to wait over a year before having a final trial due to the court’s docket).
Alternative dispute resolution methods, including mediation, are also confidential and do not take place in a courtroom that is open to public viewing. This can be beneficial for divorces and family law cases involving high-profile individuals (e.g. athletes, celebrities, politicians, etc.) or topics of a sensitive nature (i.e. business trade secrets or high-asset divorces).
Collaborative law is a confidential method of resolving a divorce of child custody case where parties work together through joint sessions with the help of specially trained professionals to assist with resolving financial and parenting issues. The focus is on finding mutually beneficial solutions and with sharing information that would normally be kept confidential during litigation. Collaborative law is unique and may not be right for everyone, but for some, it is an effective method to lessen conflict.
Just because your divorce or child custody case is contested does not mean it needs to become high conflict and involve costly public court hearings. The family law attorneys at Mims Ballew Hollingsworth | Family Law can talk you through these options and develop a plan for resolving your case through alternative dispute resolution.
When parents can agree on who their children will live with, how to share in rights and decision-making, and a parenting time schedule, the Court will often approve this agreement. If parents cannot agree, then the Judge will make custody decisions based on what they believe is in the best interest of the children.
The following factors are frequently considered by Courts in determining a child’s best interest: parenting abilities, plans for the child, home stability, your child’s desires, your child’s emotional and physical needs, and whether there is a concern for emotional and physical danger to your child.
Custody orders in Texas are referred to as a parenting plan. The parenting plan addresses issues such as who your child will live with, what rights each parent has, where your child will go to school, and how the parents will share possession. The parenting plan can be very detailed and address concerns or issues unique to your child. If a parent has problems with drugs or alcohol, this can be addressed in your parenting plan to assure the safety of your child. If your child has special needs, these can be addressed in your parenting plan to assure that your child is properly provided for.
If you are involved in a child custody case, you need an attorney who will fight to protect you and your child’s future. The child custody lawyers at Mims Ballew Hollingsworth | Family Law have more than 100 years of experience helping families navigate through the family law system, and we will work with you to develop a customized game plan for your case and for reach your goals to protect your child.
Texas law requires a minimum 60-day waiting period from the date the divorce petition is filed. However, most divorces—especially contested ones—take longer. The timeline depends on whether both parties agree on issues like property, custody, and support. Complex or high-conflict cases can take several months to over a year to resolve.
No. Texas is a no-fault divorce state, meaning you can file based on “insupportability”—essentially, irreconcilable differences. However, fault-based grounds like adultery, cruelty, or abandonment can still be cited and may influence how the court divides property or determines spousal support.
An uncontested divorce is one where both spouses agree on all issues, including child custody, property division, and support. These cases are generally faster and less expensive. A contested divorce involves disputes over one or more terms, often requiring court hearings, discovery, and potentially a trial.
Child custody, legally known as “conservatorship” in Texas, is based on the best interests of the child. Courts generally favor joint managing conservatorship, meaning both parents share decision-making rights. However, physical possession (where the child lives) and specific responsibilities may vary depending on factors like the child’s needs, each parent’s involvement, and any history of abuse or neglect.
Legal custody refers to a parent’s right to make important decisions about the child’s life, such as education, medical care, and religion. Physical custody refers to the actual parenting time each parent has with the child. These can be shared or granted primarily to one parent, depending on what the court determines is best for the child.
Children 12 years or older can express a preference to the judge in chambers, but their choice is not automatically followed. The court considers the child’s input as one of many factors in determining what arrangement is in the child’s best interests.
Texas uses a percentage-based model to determine child support. The noncustodial parent typically pays 20% of their net monthly income for one child, 25% for two children, and so on, up to 40%. Net income includes wages, self-employment income, and certain benefits, minus deductions like taxes and insurance premiums. Courts may adjust support in cases involving high income, special needs, or other unique circumstances.
Yes. Either parent can request a modification if there has been a significant change in circumstances—such as a change in income, job loss, or a new custody arrangement. Modifications must be approved by the court to become legally binding.
Failure to pay child support can lead to serious consequences. Enforcement tools include wage garnishment, interception of tax refunds, license suspension, property liens, and even jail time. If you’re owed support, the court can help you pursue enforcement through legal action.
Texas allows for “spousal maintenance” in specific situations, such as marriages lasting 10+ years where one spouse can’t meet basic needs, or where there’s a disability or history of family violence. The amount and duration are limited by law and based on the receiving spouse’s need and the paying spouse’s ability.
Texas follows community property law. This means most assets and debts acquired during the marriage are subject to division. However, division doesn’t have to be 50/50. The court aims for a “just and right” division, considering factors like fault in the marriage, earning capacity, and child custody.
Separate property includes assets owned before the marriage, as well as inheritances, gifts, and personal injury settlements received during the marriage. To keep separate property protected, it must be clearly documented and not commingled with marital assets (e.g., using a personal inheritance to buy a joint home).
Yes. Business interests are often considered community property if created or grown during the marriage. You can protect your business by having a prenuptial or postnuptial agreement, or by structuring property settlements carefully. Valuation experts may be needed to determine its worth and what share, if any, your spouse is entitled to.
Mediation is a confidential process where a neutral third party helps divorcing spouses reach agreements without going to court. It’s often used to resolve disputes over custody, property, and support. Mediation can save time, reduce stress, and lower legal fees—especially in high-conflict or complex divorces.
Many Texas counties, including Tarrant County, require mediation before a final court hearing in contested divorce or custody cases. Mediation is usually more cost-effective and gives the parties more control over the outcome.
It’s strongly recommended. A mediator cannot provide legal advice, so having your own attorney ensures that your rights are protected, and that you don’t agree to terms that could hurt you in the long term.
Yes. Parents can create a written parenting plan that outlines custody, visitation, and decision-making. The court must still approve the plan to ensure it aligns with the child’s best interests. Once approved, it becomes a binding court order.
In Texas, grandparents may request visitation or custody in certain limited situations, such as when the parent is unfit, incarcerated, deceased, or has had their parental rights terminated. Courts will only grant these rights if it’s shown to be in the child’s best interest.
Hiding assets is illegal and can severely impact the outcome of a divorce. Your attorney can use discovery tools like subpoenas and interrogatories, and may work with forensic accountants to uncover hidden property or income. Courts can penalize spouses who attempt to conceal financial information.
While not mandatory, hiring a board-certified attorney ensures your lawyer has met the highest standards in their field. MBH has board-certified family law attorneys who are recognized for their expertise, trial experience, and deep understanding of Texas family law.
A prenuptial agreement is signed before marriage and goes into effect once the couple is legally married. A postnuptial agreement is signed during the marriage and becomes effective immediately. Both outline how financial matters like property division, spousal support, and debts will be handled in the event of divorce or death.
While not mandatory, hiring a board-certified attorney ensures your lawyer has met the highest standards in their field. MBH has board-certified family law attorneys who are recognized for their expertise, trial experience, and deep understanding of Texas family law.
A prenuptial agreement is signed before marriage and goes into effect once the couple is legally married. A postnuptial agreement is signed during the marriage and becomes effective immediately. Both outline how financial matters like property division, spousal support, and debts will be handled in the event of divorce or death.
Yes, both are enforceable if they meet legal standards. The agreement must be in writing, voluntarily signed by both parties, and include full disclosure of each person’s assets and debts (unless waived). It must not be unconscionable (grossly unfair), and ideally, both parties should be represented by independent attorneys.
These agreements can define how to divide community property, protect separate property like family businesses or inheritances, clarify spousal support terms, and establish estate planning rights. They can also protect one spouse from the other’s debt or clarify how future property will be treated.
Texas law prohibits prenups and postnups from determining child custody or child support, as those decisions must be based on the child’s best interests at the time of separation or divorce. Any attempt to waive or limit these rights in advance is unenforceable.
Some couples may not have considered a prenup before marriage, or financial circumstances may have changed (e.g., starting a business, receiving an inheritance). A postnup offers similar protections and can be created anytime during the marriage.
