I want to know how to move a family law case through the system.
Court How-Tos (Civil Procedure)
Overview
Guide Overview
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer. It is a good idea to talk with a lawyer about your particular situation.
Moving a family law case through the court system can sometimes be complicated with many steps and waiting time periods. This guide includes:
- Information on who runs the courts,
- Case scheduling timelines,
- How to set a hearing,
- And making sure you file the right case for your situation.
TexasLawHelp is working to provide you with accurate information on virtual court procedures and platforms. To help improve upon the information that is available, please leave any comments or recommendations in this Virtual Court Content Survey.
Research Tips
This guide can’t answer every question. Researching the laws and regulations governing this type of case is important. For more information on how to conduct this research, read the Legal Research Guide.
You can go to a law library to conduct legal research. There is a directory of public local law libraries at Law Libraries in Texas.
Examples of books and guides to look for at a law library:
- O’Connor's Texas Family Law Handbook
- Texas Family Law Practice Manual
- Texas Family Code Annotated
- Texas Jurisprudence
A law library may also have a subscription to an electronic legal research service such as Westlaw or LexisNexis.
A Texas resident who's not near a law library may access more information by registering for a free Texas State Law Library Account. With this account, you can access a variety of online sources.
If your hearing is virtual, the Office of Court Administration has put up a guide to the virtual court process that includes instructions and links to tutorials. You can find a list of YouTube channels that broadcast from specific Texas courts on the OCA website.
Common questions about Court How-Tos (Civil Procedure)
Uncontested means that both sides agree on the desired outcome and are using the court system to make their agreement legally binding. Read Uncontested and Contested Cases: The Difference for more information.
Contested means that the people involved in the case do not agree on what the outcome of the case should be.
Read Uncontested and Contested Cases: The Difference for more information.
Court staff must remain impartial and neutral at all times. They are allowed to provide general information about court rules, procedures, and practices, give you contact information for various legal services, review your documents for completeness, and give you information from your case file. For a full list of what court staff services, carefully read What Court Staff Can and Cannot Do.
Pro se means you are representing yourself in a court case and do not have a lawyer.
Sometimes, parties need to ask the court for something before or during the trial. To ask the court for something during your case, you will usually need to file either a motion or request. Motions can be made during a lawsuit, either before or after a trial. You typically file motions in writing, but you can make some motions in court orally.
Some motions and requests that people representing themselves might file include:
A trial is a process where a judge or jury listens to and makes a decision about a case. Both sides will try to convince the judge or jury to agree with them by presenting their side of the story and any evidence. The purpose of a trial is to find a solution or get a decision. Trials can be complicated and have special rules, so it is usually a good idea to have a lawyer help you. Read A Guide to Representing Yourself in Family Court and Civil Trial Preparation to learn about getting ready for a trial.
Instructions & Forms
Instructions & Forms
Warning: These instructions provide general information and are not a substitute for legal advice. It’s a good idea to speak to a lawyer about your particular situation.
Checklist Steps
When talking to anyone on the court staff, remember that they are required to remain impartial and neutral. They cannot give you legal advice or give you their opinion on anything in your case. Read What Court Staff Can and Cannot Do for a full list.
Depending on the court, there are a number of people on the court staff.
- Court Coordinators oversee the operation of the court. This means they manage the court’s schedule (docket) and are the main contact for anything hearing-related. A coordinator will tell you when the court is available for hearings and how you can submit evidence for a hearing. Texas Government Code 74.102. The Texas Judicial Branch website has a full list of court coordinator duties available on their website.
- Court Administrators’ roles are similar to a coordinator or a clerk. An administrator’s role will depend on the court
- Court Clerks make sure the documents filed in the case are correctly filled out and are placed in the case file for proper recording. Clerks are in charge of getting all documents filed with the court out to the judge and all parties to the case. If there is no court coordinator or administrator for the court, the clerk will also perform their duties. Texas Government Code 51.303.
- Court Reporters take a verbatim (word-for-word) record of court proceedings such as hearings, trials, and depositions. In the event you need a transcript of a hearing, you can request it from the court reporter and pay any fees. Texas Government Code 52.001.
- Court Bailiffs are officers of the court. Bailiffs are present in the courtroom during all proceedings and are responsible for maintaining security and order during court proceedings. Texas Government Code 53.006.
Each court can have different roles for its court staff. Check your local court’s policies and procedures for confirmation. To find your court's contact information, you can search the Office of Court Administration's Judicial Directory Database or go to your county's district court website.
Courts use scheduling orders to keep your case moving toward a resolution or finalization. Scheduling orders may differ in every court but typically contain dates and deadlines for trials, hearings, motions, mediation, and other important parts of a divorce.
There are certain waiting periods, requirements, and deadlines that affect the scheduling orders which will determine how long it takes for a divorce to move through the courts before it can be finished.
- 20+ day waiting period—From the day your spouse is served, your spouse must have at least 20 days plus the next Monday at 10 a.m. to file an Answer.
- Find the day your spouse was served on a calendar, count out 20 more days, then go to the next Monday. This is the last day of your spouse’s answer period.
- But, if your spouse files an answer any time before you finish your divorce it will still count. The 20+ day waiting period may or may not fall within the 60-day waiting period.
- 10+ day waiting period—The constable, sheriff, or private process server should have completed a Return of Service form stating when your spouse was served. The Return of Service form must be on file with the court for at least 10 days before you can finish your case.
- Important: When counting the 10-day waiting period, do not count the day the Return of Service is filed with the court, and do not count the day you go to court to finish your case.
- 60-day waiting period—In almost all cases, you must wait at least 60 days before you can finish your divorce.
- This “cooling off” period is a good time to try and reach an agreement with your spouse about the specifics of the pending divorce.
- Temporary orders may be put into place during this time as well. These will stay in place until the final orders.
- Many counties require parties to complete a parenting course and file a certificate of completion with the court before the divorce can be finalized.
In a contested case, courts may require parties to attend mediation before they allow a final hearing to be set.
There must be 45+ days’ notice given to the other party before a final hearing. You can set the hearing as soon as the 61st day after you filed your petition.
When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays). If the 60th day falls on a weekend or holiday, go to the next business day. Note: When counting the 60-day waiting period, don’t count the day you filed your Petition. Day 1 is the next day.
There are only two exceptions to the 60-day waiting period.
- If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.
- If you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage, the 60-day waiting period is waived.
Note: You can always wait longer than 60 days, but your divorce cannot be finished in fewer than 60 days unless one of these exceptions applies.
Courts use scheduling orders to keep your case moving toward a resolution or finalization. Scheduling orders may differ in every court but typically contain dates and deadlines for trials, hearings, motions, mediation, and other important parts of a divorce.
Certain waiting periods, requirements, and deadlines affect the scheduling orders, which will determine how long it takes for your family law case to move through the courts before it can be finished.
20+ day waiting period—From the day your spouse is served, your spouse must have at least 20 days plus the next Monday at 10 a.m. to file an Answer.
- Find the day your spouse was served on a calendar, count out 20 more days, then go to the next Monday. This is the last day of your spouse’s answer period.
- But, if your spouse files an answer any time before you finish your divorce it will still count. The 20+ day waiting period may or may not fall within the 60-day waiting period.
10+ day waiting period—The constable, sheriff, or private process server should have completed a Return of Service form stating when your spouse was served. The Return of Service form must be on file with the court for at least 10 days before you can finish your case.
- Important: When counting the 10-day waiting period, do not count the day the Return of Service is filed with the court, and do not count the day you go to court to finish your case.
While your case is pending, temporary orders may be put into place at either party's request or on the court's own. These will stay in place until the final orders are made.
Many counties require parties to complete a parenting course and file a certificate of completion with the court before your case can be finalized.
In a contested case, courts may require parties to attend mediation before they allow a final hearing to be set.
There must be 45+ days’ notice given to the other party before a final contested hearing.
Before the end of your case, situations may come up where you want to speak to the court about an issue. Each court may have different procedures for setting a hearing. Call the clerk’s office to learn when and where the court hears your type of case (contested or uncontested). If you do not know what type of case you have, read Uncontested and Contested Cases: The Difference.
If you are setting a final hearing, read:
Warning: These instructions provide general information and are not a substitute for legal advice. It’s a good idea to speak to a lawyer about your particular situation.
Before you start to fill out forms, it is important to ensure you are filing the right kind of case for your issue. These instructions tell you how to find information on each type of case, their requirements, and provides a list of guides for the most common cases filed.
Checklist Steps
A good place to start is to review the guides, articles, and any forms that may be available. Not every guide will have a form.
- Guides contain information, instructions, and forms for your case. You should look over the frequently asked questions in the "Overview" section of the guide.
- Articles contain more detailed information on a specific legal subject. You can find all related articles in the “Articles” section of this guide.
- Forms are documents you may be able to use to go to court. Many of the forms you will need can be found in their related guide.
Guides available on TexasLawHelp contain answers to frequently asked questions, and step-by-step instructions on filing and getting through your case, plus the forms you will need. See I want to use a TexasLawHelp.org guide.
If you are wanting to file for divorce or your spouse has filed for divorce, there are four different guides you can use:
- I need a divorce. We do not have minor children.
- I need a divorce. We have children under 18.
- I need a divorce. We have minor children. A final custody and support order is already in place.
- My spouse filed for divorce.
If you are looking to annul or have the court declare your marriage void, use I want to annul or void my marriage.
If you are filing or involved in a case concerning the custody, visitation, or child support of a child, there are several guides you can use. These are the most frequently used:
- I need a custody order. I am the child's parent (SAPCR).
- I need a custody order. I am not the child's parent (SAPCR).
- I need to respond to a custody case (SAPCR).
- I need to change a custody, visitation, or support order (Modification).
- I need to respond to a modification case.
- I want to get a TRO, temporary injunction, and temporary orders in a child custody emergency.
- I want to register my custody orders from another state in Texas.
If you are needing to file a suit concerning paternity, there are two guides that might match your situation:
- I need a paternity order.
- I want to terminate my rights. I mistakenly thought I was the genetic father (Termination).
When the Department of Family Protective Services (DFPS or CPS) is involved, the court system can become even more complicated. The guides below will help you understand the process with DFPS.
- I want help and information on dealing with Child Protective Services.
- I want to reinstate my parental rights after termination. Use this guide if your parental rights have been terminated by DFPS and you want them back.
Use our guide I need to do legal research to learn how to conduct legal research to determine what kind of case you need to file and if you meet the requirements.
If you need help finding a lawyer, you can:
- Use our Legal Help Directory to search for a lawyer referral service, legal aid office, or self-help center in your area.
- Check our Legal Events and Clinics page for free legal clinics in your area.
- Use Ask a Question to chat online with a lawyer or law student.
If you have been turned down for services from legal aid, cannot afford an attorney, and have no other option but to represent yourself, consider contacting an attorney for limited scope representation (also known as "unbundled legal services"). This is a more affordable way to get help from an attorney in private practice. Not all attorneys offer this service, but it might be an option for you.
Articles
Articles in this guide
-
Appealing a Judgment in Texas
This article tells you information about appealing a judgment in Texas. An appeal is a request for a higher court to review a lower court’s decisio... -
Civil Litigation in Texas: The Basics
This article explains the basics of civil lawsuits in Texas. -
Tips for the Courtroom
This article tells you general information on what to do and not to do in a courtroom. -
Court Fees and Fee Waivers
If you don’t have enough money to pay the court fees, you can ask a judge to waive the fees. -
Standing Orders
Some Texas counties have "standing orders," which are court orders that automatically take effect when a case is filed. -
How to File an Answer in a Family Law Case
This article tells you how to file an answer in a family law case (such as a divorce, custody, paternity, or modification case). -
Agreed Divorce with No Children, No House, and No Land – Texas Supreme Court Approved Forms Set
In Texas, there are divorce forms for parties who agree on everything and have no children or real estate. -
Pro Se Divorce Handbook: Activating the Courage to Represent Yourself
Divorces can be painful and complex. That is why most people seek legal help. This is a resource for those who accept the challenge to be their own... -
Virtual Court
Some Texas courts will hold hearings by videoconference, usually using Zoom. -
Gathering and Presenting Evidence
This article tells you what evidence is and provides information on the evidence rules that are followed in Texas courts. -
Vexatious Litigants in Family Law
This article discusses people who file lawsuits without a valid legal or factual basis behind their claims. -
Unauthorized Practice of Law
This article explains what acts are considered the “practice of law” and who can practice law in Texas.