Avoiding Court During Divorce In Texas: Yes, It's Possible – And Here's How

Divorce can be emotionally draining, time-consuming, and expensive but it doesn’t have to involve a long, drawn-out courtroom battle. At Ashmore & Ashmore Law Firm, we often get asked: Can I avoid going to court during my divorce?

The answer? Absolutely, yes.

Let’s walk through how you can skip the stress of court and still reach a fair resolution with your spouse, especially if you're in Rockwall or Terrell, Texas.

The 60-Day Cooling-Off Period

When you file an original petition for divorce in Texas, you're required to wait at least 60 days before the divorce can be finalized. This is known as the cooling-off period, and it gives both parties time to slow down, think things through, and begin gathering necessary information.

During this time, you can start exchanging financial documents, exploring parenting plans, and, most importantly, going to mediation.

What Is Mediation?

Mediation is a process where you and your spouse sit down (usually in separate rooms) with a neutral third party, often an experienced attorney or former judge whose job is to help you both agree on all aspects of your divorce. That includes property division, child custody, child support, and more.

Unlike a judge, a mediator doesn’t make decisions for you. They don’t declare a “winner” or a “loser.” Instead, their role is to guide both spouses toward fair compromises, highlighting where the law may or may not be on your side, and helping you understand what risks you might face by going to court.

Why Choose Mediation?

At Ashmore & Ashmore Law Firm, we often compare mediation to drawing the “Advance to Go” card in Monopoly. 🎲 You don’t collect $200 but you do move your case forward much faster than traditional litigation.

Here’s what makes mediation such a powerful option:

• ✅ You stay in control. You and your spouse make the decisions not a judge.

• ✅ You save time and money. Avoiding court means fewer hearings and legal fees.

• ✅ You reduce conflict. Mediation can help maintain a more respectful relationship, which is especially important if you’re co-parenting.

• ✅ You reach a quicker resolution. Most successful mediations result in a Mediated Settlement Agreement (MSA), which is then formalized into a Final Divorce Decree.

  
  

What Happens After Mediation?

Once you reach a Mediated Settlement Agreement, the hard part is over. From there, your attorney will draft the necessary legal documents to finalize the divorce:

• A Final Decree of Divorce that outlines all the terms you agreed upon

• Possible income withholding orders for child support

• Division paperwork for retirement accounts or other property

At that point, you’re nearly done and likely avoided multiple court appearances, discovery battles, and the emotional toll of courtroom litigation.

Divorce Doesn’t Have to Be a Battle

The truth is, there’s no such thing as a “perfect” outcome in divorce. Whether you go to court or reach a compromise in mediation, anyone rarely feels like they’ve won completely. But with mediation, you’re more likely to walk away with a resolution you can live with and less damage in the process.

If you’re facing divorce in Rockwall or Terrell, Texas, let our experienced family law attorneys at Ashmore & Ashmore Law Firm help guide you toward the best possible path that prioritizes peace, fairness, and your future.

📞 Call us today for a free consultation and let’s discuss your options. You don’t have to go through this alone, and you don’t have to go to court 972.325.5938.