The “cooling off period” is the shortest amount of time that a divorce can take in Texas. From the date the initial divorce petition (the document that starts the process and notifies the divorce court that a divorce is requested) is filed, there is a mandatory 60-day waiting period before the divorce may be finalized. Usually this applies only to agreed divorces, where the spouses have agreed prior to filing the divorce as to all of the terms of the divorce as to children and property. More often, the spouses do not agree, causing the divorce to take a much longer amount of time (and money). How long (and how much) depends on many, many factors. The complexity of the contested issues is definitely a factor – custody, relocation of the children beyond the county of the divorce, special needs of the children, complex property division, premarital agreements, spousal maintenance/alimony, etc. So, if the parties cannot agree on some issues and require the divorce judge to resolve their dispute, a final trial must be requested. Some counties’ dockets are so overcrowded with contested trials that parties must wait a long time to get a setting – some counties this may be 6 months to a year! The shortest time frame for an agreed divorce in Texas is 60 days, plus a few days to get to the courthouse and finalize everything. The longest divorce that I have ever seen lasted 10 years, including many years challenging the decision of the divorce judge on appeal!

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 30+ years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW for multiple years. She was named one of the Best Lawyers in America and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.