Understanding Court-Ordered Counseling in Texas Divorce Law
At Mathur Law Offices, P.C., we are often asked whether a Texas court can require spouses to attend marriage counseling while a divorce is pending. The answer is yes—but this power is used sparingly and only in limited circumstances.
Legal Authority Under Texas Law
Texas Family Code § 6.505 gives judges the discretion to order spouses to participate in marriage counseling. This can occur while the divorce is pending and typically involves a court-appointed counselor. The counselor must provide a written report to the court and both parties addressing:
- Whether there is a reasonable expectation of reconciliation
- Whether further counseling would be beneficial
If the court determines reconciliation is possible, it may require additional counseling for up to 60 days.
How Often Is Counseling Ordered?
In practice, Texas courts rarely order marriage counseling, especially when one or both spouses are firmly committed to ending the marriage. Courts recognize that counseling is most effective when both parties are willing to participate. In cases involving domestic violence, abuse, or irreconcilable conflict, counseling is even less likely to be ordered.
Counseling Involving Children
When children are involved, the court may emphasize counseling that addresses the emotional well-being of the child, co-parenting strategies, and healthy communication. This is particularly important when custody or conservatorship is contested.
Confidentiality of Counseling Reports
It's important to know that any report generated by the court-ordered counselor:
- Is only used to assist the court in determining whether to pause or continue divorce proceedings
- Cannot be introduced as evidence in the divorce trial
- The counselor cannot be compelled to testify in any related legal proceedings involving the parties or their children (Texas Family Code § 6.705)
Our Guidance
At Mathur Law Offices, P.C., we evaluate every client’s unique situation to determine how court-ordered counseling may affect your divorce strategy. Whether you’re seeking a peaceful resolution or are navigating a contested separation, our experienced family law attorneys can guide you through each step of the process.
Contact Us Today
If you have questions about divorce proceedings or whether marriage counseling may be ordered in your case, contact Mathur Law Offices, P.C. for a consultation. We’re here to help you understand your rights and plan your next steps.