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Know your clock

Every deadline, and the day it starts running

Family law deadlines rarely run from the day something happened. They run from a filing date, a service date or a signature date, and each one is different. This is the table we keep on the wall.

A calendar and planner open on a desk with deadlines marked

Almost every conversation we have in the first week is about a date. Which one is running, what starts it, and what happens if it passes. Here they are, in one place.

The deadline table

SituationPeriodRuns fromAuthority
Divorce60 days minimumThe date the Original Petition is file-stampedTex. Fam. Code § 6.702
Answering a petition20 days, then MondayThe date you were personally served with citationTex. R. Civ. P. 99
Residency to file6 / 90 months / daysBackwards from the date of filingTex. Fam. Code § 6.301
Protective order hearing14 days to hearingThe date the application is filedTex. Fam. Code § 84.001
Modifying primary residence1 year affidavit gateThe date the order was rendered or the MSA was signedTex. Fam. Code § 156.102
Support review3 years, 20% or $100The date of the last support orderTex. Fam. Code § 156.401
Appealing a final order30 days to file noticeThe date the final judgment is signedTex. R. App. P. 26.1
Relinquishment in adoption48 hours after birthThe child's date of birthTex. Fam. Code § 161.103

Summary table for orientation only. Exceptions, tolling rules and local practice all apply, and code sections are amended. Confirm any deadline with a licensed Texas attorney.

What each one actually means

Divorce

60 days minimum

The court may not grant a divorce before the sixty-first day after the petition is filed. A narrow exception applies where the respondent has a family violence conviction or deferred adjudication against the petitioner or a household member, or where the petitioner holds an active protective order.

Sixty days is a floor, not a target. Filing early to start the clock is only useful if the rest of the case is actually moving.

Tex. Fam. Code § 6.702

Answering a petition

20 days, then Monday

Your answer is due by 10:00 am on the Monday following the expiration of twenty days after service. Not twenty days. The Monday after. Filing even a bare general denial preserves your right to be heard.

Miss it and the other side can take a default judgment on property, custody and support without you in the room.

Tex. R. Civ. P. 99

Residency to file

6 / 90 months / days

One spouse must have been a domiciliary of Texas for the preceding six months and a resident of the county of filing for the preceding ninety days. Section 6.303 treats time stationed in Texas by a servicemember as residence, which matters for Fort Bliss families.

Filing in the wrong county invites a plea to the jurisdiction and can cost you months and the filing fee.

Tex. Fam. Code § 6.301

Protective order hearing

14 days to hearing

The court sets the full hearing not later than the fourteenth day after the application is filed. A temporary ex parte order can issue the same day on a sworn showing of clear and present danger and lasts up to twenty days.

Fourteen days is short. Start gathering photographs, messages and the police report number before you file, not after.

Tex. Fam. Code § 84.001

Modifying primary residence

1 year affidavit gate

Within one year of the order, a suit to change who designates the child's primary residence must be supported by an affidavit alleging the present environment may endanger the child, or that the primary conservator has voluntarily relinquished primary care.

If the judge finds the affidavit inadequate, the case is dismissed on the papers without a hearing.

Tex. Fam. Code § 156.102

Support review

3 years, 20% or $100

You may modify support if circumstances have materially and substantially changed, or if three years have passed and the guideline amount now differs from the ordered amount by twenty percent or one hundred dollars, whichever route you can prove.

Modifications are generally effective from the date of service of the motion, not from the date your income actually changed. File promptly.

Tex. Fam. Code § 156.401

Appealing a final order

30 days to file notice

A notice of appeal is due within thirty days of the signed final order, extended to ninety days if a motion for new trial, motion to modify or request for findings of fact and conclusions of law is timely filed.

The deadline runs from the signature date on the order, not the date you received a copy in the mail.

Tex. R. App. P. 26.1

Relinquishment in adoption

48 hours after birth

An affidavit of voluntary relinquishment of parental rights may not be executed before forty-eight hours after the child's birth. Once filed, it is irrevocable after sixty days unless procured by fraud or duress.

An affidavit signed too early is void, and the termination built on it will not survive a challenge.

Tex. Fam. Code § 161.103

What happens if one is missed

It depends entirely on which one. Missing an answer deadline is serious but often curable if you act before a default judgment is taken, because Texas courts can set aside a default on a proper motion. Missing an appellate deadline is usually fatal, because appellate timetables are jurisdictional and a court of appeals cannot extend them by agreement.

  • Answer deadline passed, no default yet: file an answer immediately. An answer on file, even late, generally prevents a no-answer default.
  • Default judgment already signed: a motion for new trial within thirty days, or a restricted appeal within six months in narrow circumstances. Call the same day.
  • Summer possession not designated by 1 April: the statutory default applies, usually 1 July to 31 July. Ask the other parent to agree in writing to a different block.
  • Support modification filed late: the change is generally effective from service of the motion, so the months before it are not recoverable.
  • Appellate deadline passed: in most cases the judgment is final. There is no general excuse for a missed notice of appeal.

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The shape of a Texas case

And here is where those deadlines sit in your case

The statutory deadlines behind these stages

The petition is filed, the other party is served, and the answer deadline runs.

A Texas family case opens with an Original Petition. It states the statutory grounds, the residency facts, what you are asking the court to order, and whether children are involved. Filing triggers the El Paso County standing order, which restricts both parties immediately. The respondent is then served by a process server or constable, or signs a waiver of service before a notary, and their answer is due by 10:00 am on the Monday after twenty days.

What you do

  • Confirm the residency facts and the exact date of separation
  • Give us current addresses and a workplace for service
  • Read the standing order and follow it from day one

What we do

  • Draft and file the petition and request the standing order
  • Arrange personal service or prepare the waiver
  • Calendar the answer deadline and the sixty-day date

The court sets the interim rules for the house, the children, support and the bills.

Temporary orders govern the months between filing and final judgment, and they matter more than most people expect. Whoever has the children on the temporary schedule establishes a status quo the court will be reluctant to disturb later. The hearing is usually short, often under an hour per side, and it is decided on live testimony and a small number of documents. Preparation is disproportionately valuable here.

What you do

  • Prepare a monthly budget showing actual household expenses
  • Assemble a calendar of who has done which school and medical runs
  • Dress for court and plan childcare for the hearing day

What we do

  • File the motion and secure a setting on the court's docket
  • Prepare your direct testimony and anticipate cross-examination
  • Negotiate agreed temporary orders where that beats a contested hearing

Both sides exchange the documents and answers the case will actually be decided on.

Texas Rule of Civil Procedure 194 requires initial disclosures without anyone asking. Beyond that, discovery includes requests for production, interrogatories, requests for admission, and in larger cases depositions. In family cases the heart of discovery is financial: two to five years of tax returns, every bank and retirement statement, and business records where a party owns an interest. This is the longest and least visible phase, and it is where cases are usually won.

What you do

  • Download statements before accounts are closed or access changes
  • Answer written discovery honestly and completely, on time
  • Keep a single organised folder rather than sending documents in pieces

What we do

  • Serve and respond to written discovery and preserve objections
  • Subpoena records directly from banks, employers and plan administrators
  • Retain a valuation expert or forensic accountant where the estate needs one

A neutral mediator works between two rooms until there is a binding agreement or there is not.

El Paso family courts ordinarily require mediation before granting a trial setting. Sessions are caucus style: each party sits with their attorney in a separate room and the mediator carries proposals back and forth. Everything said is confidential and inadmissible. If the case settles, the Mediated Settlement Agreement is signed that day, and under section 153.0071 a compliant MSA is not subject to revocation. Roughly seven in ten of our contested cases resolve here, which is a sample figure drawn from our own files.

What you do

  • Decide in advance what you must have and what you can trade
  • Bring a phone charger, food and a clear head, and expect a long day
  • Read the MSA line by line before you sign, because you cannot unwind it

What we do

  • Select a mediator suited to your issues and book the date
  • Send a confidential position memorandum with the numbers attached
  • Draft and pressure-test every provision of the MSA before signature

Agreed cases finish in a short prove-up. Contested cases are tried to the bench or a jury.

If everything is agreed, final judgment is a prove-up: a brief hearing where one party confirms the jurisdictional facts and the judge signs the decree. If it is contested, you try it. Texas is unusual in allowing a jury on conservatorship and primary residence, though not on the possession schedule or on the division of property. A contested family trial in El Paso commonly takes one to three days and requires exhibits prepared, marked and pre-filed on the court's schedule.

What you do

  • Attend every preparation session, because testimony rehearsal genuinely works
  • Arrange time off work for the full setting, not just the first morning
  • Prepare for the possibility that the judge decides something neither side wanted

What we do

  • Prepare exhibits, witness outlines and the proposed decree in advance
  • File pretrial motions, designate experts and handle any objections
  • Present your case and submit findings of fact where they will help on appeal

The decree is drafted, signed and then actually implemented: deeds, QDROs, withholding.

A signed decree is not the end. Real property moves by special warranty deed. Retirement accounts move by Qualified Domestic Relations Order, which the plan administrator must separately approve. Support flows through an income withholding order sent to the employer and routed via the Texas State Disbursement Unit. Insurance, beneficiary designations and refinance deadlines all need to be executed. Cases that skip this phase come back as enforcement actions two years later.

What you do

  • Refinance or sell within the deadline the decree sets
  • Update beneficiary designations on life insurance and retirement accounts
  • Keep a certified copy of the decree somewhere you can find it in five years

What we do

  • Draft the decree, the deeds and the QDROs and walk them through entry
  • Send the income withholding order to the employer and confirm it takes effect
  • Give you a written close-out memo listing every deadline you still owe