Family law cases in Montgomery County, Texas, follow a specific set of procedures from the moment a petition is filed through final judgment. Before you can file, at least one spouse must meet Texas’s residency requirements. Once a case is filed, a standing order typically takes effect immediately, a mandatory 60-day waiting period usually applies before a divorce can be finalized, and many custody disputes must go through mediation before trial. Understanding these Texas family court procedures ahead of time can help you avoid delays and costly mistakes. Working with an experienced Montgomery County family court attorney can make the process considerably less stressful.
Where Family Law Cases Are Heard in Montgomery County
Family law cases, including divorce, child custody, and child support matters, are filed and heard in the Montgomery County district courts, located at the county courthouse in Conroe. Several numbered district courts share the county’s civil and family law docket, and a case is typically assigned to one specific court for the life of the case.
Because procedures and scheduling practices can vary somewhat from court to court, it helps to know which court your case has been assigned to early on.
Residency Requirements to File
Before filing for divorce in Texas, at least one spouse must meet the residency requirements in Texas Family Code section 6.301. Specifically, one spouse must have been:
- A domiciliary of Texas for the preceding six months, and
- A resident of the county where the case is filed for the preceding 90 days
A case filed in Montgomery County before these requirements are met can be dismissed, so confirming residency early avoids losing time and money on a petition that has to be refiled later.
The Standing Order: What Happens the Moment You File
Montgomery County is one of several Texas counties that uses a standing order in family law cases involving children, pets, and property. According to Texas Law Help, a standing order takes effect the moment the initial petition is filed and generally works to maintain the status quo until a judge can address the issues in the case.
Standing orders commonly address matters such as:
- Decisions affecting the children, including where they live and travel
- Conduct between the parties during the case
- Finances, insurance, and business records
- Real and personal property, including homes, vehicles, and pets
Because a standing order applies automatically once a case is filed, it is important to review it closely and understand what it requires before taking any action that could affect children, finances, or property.
The 60-Day Waiting Period
Under Texas Family Code section 6.702, a court generally cannot grant a divorce until at least 60 days after the petition is filed. This waiting period gives both spouses time to resolve issues such as property division, custody, and support, whether through negotiation, mediation, or a contested hearing.
Texas law allows this waiting period to be waived in limited circumstances, such as when the respondent has been convicted of or received deferred adjudication for family violence against the petitioner or a household member, or when an active protective order is in place due to family violence during the marriage.
Mediation and Alternative Dispute Resolution
Many family law cases in Montgomery County involve mediation before trial. Under Texas Family Code section 153.0071, a court may refer a custody dispute to mediation either on the parties’ written agreement or on its own motion, and courts frequently do so as a routine step before a final custody hearing.
When the parties reach a mediated settlement agreement that meets certain statutory requirements, including a prominent statement that it is not subject to revocation and signatures from all parties, the agreement is generally binding on the court. Texas law also allows a party to object to mediation, and requires separate rooms during the session, when family violence is a concern.
Work With a Montgomery County Family Law Attorney
Family law procedures in Montgomery County involve strict deadlines, an automatic standing order, and often mediation, all layered on top of an already stressful situation. Having an attorney who is familiar with the local courts can help you meet each requirement correctly the first time.
The attorneys at Morgan Bourque Attorney at Law handle family law matters throughout Montgomery County, including divorce and child custody cases, guiding clients from the initial filing through final judgment.
Call (713) 766-6001 to discuss your family law case.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.