FAQs

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.

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.

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.

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.

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.

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.

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.