As Collin County divorce attorneys, we often hear from clients who feel frustrated when their spouse intentionally delays the divorce process. Divorce is already stressful, and tactics designed to drag out proceedings only increase tension and expenses. In Texas, divorce is governed by the Texas Family Code, which sets specific procedures and timelines, but those rules can still be manipulated by one party. Understanding the common delay strategies and the remedies available under Texas law can help you protect your rights and keep your case moving forward. While divorce cannot be rushed faster than the statutory waiting periods, it should not be held hostage by deliberate stalling tactics.
Common Delay Tactics In Texas Divorces
Refusing To Respond To Filings
A common tactic is ignoring petitions or motions. Under Texas Family Code § 6.401, the responding spouse must answer within a specified timeframe. Failure to respond can sometimes force delays, although the court may ultimately enter a default judgment if the delay is too long, or you involve an experienced attorney to assist you with getting your case done.
Requesting Unnecessary Continuances
Spouses sometimes ask for continuances—oftentimes called “re-sets” or “re-schedules”—without valid reasons, stretching the timeline of hearings or trial dates that could complete your case. Judges may grant reasonable requests, but repeated or frivolous continuances can become a stalling tactic. Just like when seeking a delay on handing in a school project, one can only make so many excuses before they’re no longer believed.
Failing To Provide Discovery
The discovery process generally requires both spouses to share requested financial records, property documents, and other relevant information under Texas Rules of Civil Procedure. Refusing to provide reasonably-requested documents, giving incomplete information, or delaying responses is a frequent tactic to obstruct progress in a case.
Disputing Every Issue
Another delay method is contesting matters that might otherwise be quickly resolved. When even straightforward issues like the division of small assets (who gets the silverware) or temporary orders (expecting complete flips to a status quo, such as trading the parties’ regular-use vehicles) are disputed, things can often be dragged out through unnecessary motions or objections.
Avoiding Mediation Or Settlement Negotiations
Texas courts usually encourage mediation to resolve disputes under Texas Family Code § 6.602, but some spouses intentionally avoid scheduling or meaningfully participating. By refusing to cooperate, insisting upon receiving unnecessary documents before attending, or refusing to even schedule a mediation, they force litigation that takes longer and costs more.
Legal Ramifications Of Delaying Divorce
Courts in Collin County and across Texas typically expect spouses to act in good faith during divorce proceedings. When one party repeatedly delays the resolution of a case, the court may take corrective action. Judges have authority under Texas Family Code § 6.709 to enforce temporary orders and penalize a party for contempt if they fail to comply.
In discovery disputes, courts can issue sanctions under the Texas Rule of Civil Procedure 215, which may include fines, shifting of attorney’s fees, or limiting the non-cooperative spouse’s ability to present certain evidence at trial.
Ultimately, delay tactics can—and often do—backfire. Judges are often less sympathetic to spouses who deliberately stall, and such behavior and conduct may affect the Court’s judgment when issuing property division or custody decisions.
Protecting Yourself From Delay Tactics
When your spouse attempts to slow the process, there are several steps we can take on your behalf:
- Filing motions to compel discovery if documents are withheld
- Requesting the court to set firm deadlines for hearings or mediation
- Opposing unnecessary continuances unless supported by valid reasons
- Seeking sanctions or shifted attorney’s fees when delays are intentional
- Moving forward with default judgment if your spouse refuses to participate at all
By using the remedies provided in the Texas Family Code and court rules, we can prevent delays from causing undue harm to your case.
Frequently Asked Questions About Delays In Texas Divorce Cases
How Long Does A Divorce Normally Take In Texas?
Under Texas Family Code § 6.702, there is a mandatory 60-day waiting period between the filing of the petition and the final divorce decree. Uncontested divorces may be finalized shortly after this period. Contested divorces, especially those with disputes over property or custody, may take several months to over a year. Though rare, multi-year divorces do happen.
What Happens If My Spouse Refuses To Respond To Divorce Papers?
If your spouse fails to answer the served petition within the required time, you may request a default judgment. This allows the court to grant the divorce and issue orders on property division, custody, and support without the other spouse’s participation.
Can The Court Punish A Spouse For Delaying The Divorce?
Yes. Courts can issue sanctions, award attorney’s fees, or restrict the non-compliant spouse’s ability to present evidence. Repeated bad-faith delays may also influence the judge’s decisions on property division or custody.
How Do Judges Handle Repeated Requests For Continuances?
Judges may grant continuances when there is a valid reason, such as illness or the need for additional preparation. Some courts even employ an ‘everybody gets one’ informal rule. However, if continuances appear to be a tactic to stall, the judge may deny further requests and proceed with hearings as scheduled.
What If My Spouse Refuses To Provide Financial Documents?
If your spouse refuses to provide required discovery, we can file a motion to compel under the Texas Rules of Civil Procedure. If they still fail to comply, the court may issue sanctions, including fines or rulings in your favor on disputed issues.
Can My Spouse Avoid Divorce By Refusing To Participate?
No. Texas law does not allow one spouse to prevent a divorce by refusing to participate. If they refuse to respond, you may obtain a default judgment, ensuring that the divorce is finalized regardless of their cooperation.
How Can Mediation Help Prevent Delays?
Mediation often streamlines divorce by allowing spouses to resolve disputes outside of court through help of a professional mediator. When agreements are reached through mediation under Texas Family Code § 6.602, a court can approve them quickly. A spouse who outright avoids mediation may face court intervention and orders to attend.
Is It Possible To Speed Up A Divorce In Texas?
The statutory 60-day waiting period cannot be waived except in cases involving family violence or protective orders. However, once that period has passed, keeping communication open, complying with discovery, and cooperating in settlement discussions are the best ways to expedite the process. Often, avoiding participating in a case can end up costing far more in attorney’s fees than participating in the process from the beginning.
Call Orsinger, Nelson, Downing & Anderson To Schedule A Consultation
At Orsinger, Nelson, Downing & Anderson, we understand the frustration of dealing with a spouse who tries to delay the divorce process. Our attorneys know the strategies available under Texas law to keep your case on track and protect your interests in property division, custody, and support.
Contact our Frisco divorce attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation. We proudly represent clients from our offices in Dallas, Frisco, and San Antonio, Texas. Let us help you move forward with confidence, no matter how hard your spouse tries to stall the process.