Divorce is a deeply personal and often challenging process, particularly when children are involved. For couples in Dallas, Texas, navigating a contested divorce – where spouses cannot agree on key issues such as child custody, support, or property division—can feel overwhelming.
One of the most pressing questions clients ask at our Dallas divorce law firm is, “How long will my contested divorce with children take?” The answer depends on several factors, including the complexity of the case, the level of conflict between spouses, court schedules, and the specific issues surrounding the children.
In this comprehensive guide, we’ll explore the timeline of a contested divorce with children in Dallas, Texas, the key stages involved, factors that influence the duration, and practical steps to streamline the process. By understanding what to expect, you can approach your divorce with clarity and confidence.
Understanding a Contested Divorce in Texas
In Texas, a divorce is considered contested when spouses disagree on one or more key issues, such as child custody, child support, spousal maintenance, or the division of marital property. When children are involved, the stakes are higher, as decisions about custody, visitation, and support must prioritize the best interests of the child under Texas Family Code. A contested divorce typically requires court intervention to resolve disputes, which extends the timeline compared to an uncontested divorce, where spouses agree on all terms.
In Dallas County, contested divorces follow a structured legal process governed by Texas law, which includes a mandatory 60-day waiting period from the date the divorce petition is filed. However, when children are involved, the process often takes longer due to the need to address complex issues like parenting plans, custody evaluations, and financial support. Let’s break down the key stages of a contested divorce in Dallas and examine how each contributes to the overall timeline.
The Texas Divorce Process: Key Stages
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Filing the Divorce Petition (1–2 Weeks)
The divorce process begins when one spouse, known as the petitioner, files an Original Petition for Divorce with the Dallas County District Clerk’s office. This document outlines the grounds for divorce (Texas is a no-fault divorce state, but fault-based grounds like adultery or cruelty can be cited) and any requests for child custody, support, or property division. In Dallas, filing fees typically range from $250 to $320, though fee waivers are available for those who qualify.
After filing, the petition must be served to the other spouse (the respondent) by a constable, sheriff, or private process server. The respondent has 20 to 28 days to file an answer or counter-petition, depending on when they were served. If the respondent contests the divorce by filing an answer that disagrees with the petitioner’s requests, the case officially becomes contested. This initial stage, including preparation and service, typically takes one to two weeks, assuming no delays in serving the respondent.
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Mandatory 60-Day Waiting Period
Texas law requires a 60-day “cooling-off” period from the day the petition is filed before a divorce can be finalized, except in cases involving domestic violence, where the waiting period may be waived. This period is designed to give couples time to reconsider or negotiate. However, in contested divorces, the case rarely concludes immediately after the 60 days due to the need to resolve disputed issues.
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Temporary Orders (2–6 Weeks)
In contested divorces with children, temporary orders are often necessary to establish ground rules during the divorce process. These orders address critical issues like temporary child custody, visitation schedules, child support, spousal support, and who remains in the family home. In Dallas, a temporary orders hearing may be scheduled within a few weeks of filing, depending on court availability. Preparing for this hearing, including gathering evidence and coordinating with your attorney, can take two to six weeks.
Temporary orders are particularly important when children are involved, as they ensure stability for the kids while the divorce is pending. Disputes over temporary custody or support can extend this phase if the parties require extensive negotiation or court intervention.
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Discovery Process (2–6 Months)
The discovery process is a critical phase in contested divorces, where both parties exchange information to build their case. Discovery includes requests for financial documents, interrogatories (written questions answered under oath), and, in some cases, depositions. When children are involved, discovery may also involve gathering evidence related to parental fitness, such as medical or psychological records, or requesting a child custody evaluation to assess the best interests of the child.
In Dallas, discovery typically takes two to six months, depending on the complexity of the case. Cases involving significant assets, businesses, or contentious custody disputes may require expert evaluations (e.g., accountants for property division or psychologists for custody), which can extend this phase. Delays can occur if one spouse is uncooperative or attempts to hide assets, a common issue in high-conflict divorces.
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Mediation and Negotiation (1–3 Months)
Texas courts often require mediation before a contested divorce proceeds to trial. Mediation involves both spouses and their attorneys meeting with a neutral third party to negotiate a settlement. In Dallas, mediation is a popular alternative dispute resolution method because it can save time, reduce costs, and allow parents to create personalized custody arrangements that prioritize their children’s needs.
Mediation sessions typically last a few hours to a full day, and multiple sessions may be needed if issues remain unresolved. If successful, mediation can result in a Mediated Settlement Agreement (MSA), which is binding in Texas and can significantly shorten the divorce timeline. This phase can take one to three months, depending on the willingness of both parties to compromise.
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Trial Preparation and Court Hearing (3–12 Months)
If mediation fails to resolve all issues, the case proceeds to trial, where a judge will make decisions on contested matters. In Dallas County, court schedules can be congested, and securing a trial date may take several months, particularly for complex cases involving children. Trial preparation involves gathering evidence, preparing witnesses, and, in some cases, conducting child custody evaluations, which can take additional time.
The trial itself may last from half a day to several days, depending on the number of issues and the amount of evidence presented. After the trial, the judge may take additional time—days to weeks—to review the evidence and issue a final divorce decree. This phase can extend the timeline significantly, often taking three months to a year or more.
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Finalizing the Divorce (1–2 Months)
Once all issues are resolved—either through mediation or trial—the court issues a final divorce decree. This document outlines the terms of custody, support, property division, and any other relevant orders. In Dallas, finalizing the decree typically takes one to two months after the trial or settlement, depending on the court’s schedule and the complexity of drafting the decree. Texas law also imposes a 31-day waiting period before either spouse can remarry, unless they remarry each other or the court waives this requirement for good cause.
Factors Influencing the Timeline of a Contested Divorce with Children
The duration of a contested divorce with children in Dallas varies widely based on several factors. Here are the key elements that can affect how long the process takes:
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Level of Conflict Between Spouses
High-conflict divorces, where spouses are unwilling to compromise, often take longer. Disagreements over child custody and support are particularly contentious, as both parents may strongly advocate for their preferred arrangements. For example, disputes over primary custody or visitation schedules can lead to prolonged negotiations or require court-ordered evaluations, adding months to the timeline.
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Complexity of Child-Related Issues
Cases involving children are inherently more complex due to the need to address custody (referred to as “conservatorship” in Texas), visitation, and child support. Texas courts prioritize the best interests of the child, which may necessitate custody evaluations, psychological assessments, or testimony from experts. These processes can extend the timeline, especially if one parent alleges concerns about the other’s fitness or if the children have special needs.
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Complexity of Marital Assets
Texas is a community property state, meaning assets and debts acquired during the marriage are typically divided equitably (not necessarily equally). If the couple owns significant assets—such as a family business, real estate, or retirement accounts—dividing these assets can require expert valuations, prolonging the discovery and negotiation phases. Disagreements over property division can also delay agreements on child support, as financial resources impact support calculations.
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Court Schedules in Dallas County
Dallas County courts handle a high volume of family law cases, and court availability can significantly impact the timeline. Securing a hearing date for temporary orders or a final trial may take weeks to months, depending on the court’s docket. Delays are more likely in contested cases requiring extensive court intervention.
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Use of Mediation or Alternative Dispute Resolution
Mediation can significantly shorten the timeline by helping spouses reach an agreement without a trial. In Dallas, many contested divorces are resolved through mediation, as it allows parents to maintain control over custody and support arrangements. However, if mediation fails, the case proceeds to trial, adding months to the process.
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Attorney Efficiency and Strategy
The experience and approach of your divorce attorney can influence the timeline. A skilled attorney can streamline the process by preparing thorough documentation, facilitating effective mediation, and advocating efficiently in court. Conversely, delays can occur if either party’s attorney is unresponsive or employs tactics to prolong the case.
Typical Timeline for a Contested Divorce with Children in Dallas
While every case is unique, a contested divorce with children in Dallas typically takes 9 months to 2 years to finalize, with some cases extending beyond this range due to complexity or high conflict. Here’s a general breakdown:
- Simple Contested Divorce (9–12 Months): If the disputes are limited (e.g., minor disagreements over custody or property) and mediation is successful, the divorce may be resolved within 9 to 12 months.
- Moderately Complex Divorce (12–18 Months): Cases involving significant assets, contentious custody disputes, or multiple mediation sessions often take 12 to 18 months.
- Highly Complex or High-Conflict Divorce (18 Months–2+ Years): Divorces with complex assets (e.g., businesses or investments), allegations of fault (e.g., adultery or cruelty), or intense custody battles requiring evaluations can take 18 months or longer.
For comparison, an uncontested divorce with children in Dallas typically takes 60 to 90 days after the mandatory waiting period, assuming the court’s schedule allows. The additional time in contested cases stems from the need for discovery, mediation, and court hearings.
Tips to Expedite Your Contested Divorce
While some delays are unavoidable, there are steps you can take to streamline your contested divorce with children in Dallas:
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Hire an Experienced Dallas Divorce Attorney
A knowledgeable family law attorney familiar with Dallas County courts can guide you through the process efficiently, ensuring paperwork is filed correctly and deadlines are met. At our law firm, we prioritize moving your case forward while protecting your rights and your children’s best interests.
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Organize Documentation Early
Gather financial records, property deeds, and any documents related to your children (e.g., school or medical records) before filing. This preparation can expedite the discovery process and reduce delays.
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Consider Mediation Early
Engaging in mediation early in the process can help resolve disputes before they escalate to trial. Mediation is often faster and less costly than court proceedings, and it allows you to create a parenting plan tailored to your family’s needs.
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Communicate Clearly with Your Spouse (If Possible)
If you and your spouse can maintain open, respectful communication, you may be able to resolve some issues without court intervention. Even in contested cases, partial agreements can reduce the scope of disputes.
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Prioritize Your Children’s Best Interests
Courts in Dallas prioritize the best interests of the child, and demonstrating your commitment to your children’s well-being can help streamline custody negotiations. Be prepared to propose a reasonable parenting plan that addresses your children’s needs.
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Avoid Unnecessary Delays
Respond promptly to discovery requests, attend scheduled hearings, and work closely with your attorney to keep the case moving. Delays often occur when one party is unresponsive or attempts to prolong the process.
Why Choose Our Dallas Divorce Law Firm?
At our Dallas divorce law firm, we understand that a contested divorce with children is an emotional and complex journey. Our experienced attorneys are dedicated to guiding you through every stage of the process, from filing the petition to securing a fair custody arrangement and property division. We prioritize efficient case management while ensuring your rights and your children’s best interests are protected. With our deep knowledge of Dallas County courts and Texas family law, we work to resolve disputes through mediation when possible and advocate fiercely in court when necessary.
Conclusion
A contested divorce with children in Dallas, Texas, typically takes 9 months to 2 years, depending on the complexity of the case, the level of conflict, and court schedules. Key stages include filing the petition, the mandatory 60-day waiting period, temporary orders, discovery, mediation, and, if necessary, a trial. Factors like disputes over child custody, complex assets, and court availability can extend the timeline, but working with an experienced attorney and exploring mediation can help expedite the process.
If you’re facing a contested divorce in Dallas, our law firm is here to provide compassionate, expert guidance. Contact us today at [insert contact information] for a consultation to discuss your case and learn how we can help you navigate this challenging time with confidence. Let us help you move forward toward a brighter future for you and your children.
