DIVORCE FAQs : TEXAS

TEXAS DIVORCE FAQs

FREQUENTLY ASKED QUESTIONS ABOUT DIVORCING IN TEXAS

Our firm specializes in Fort Worth and North Texas divorce cases. We gathered a list of the most frequently asked questions about Texas divorce from clients and potential clients. Our Board Certified Attorney Bob Leonard is able to handle any Divorce or Family Law case.

We've gathered these questions and answers to give you a good start at understanding the divorce process. To begin your divorce process with an expert, Board Certified Family Lawyer, contact our team today. 

There is no specific timeframe for finalizing your divorce in Fort Worth as it will depend on the circumstances of your case. However, Fort Worth follows a standard waiting period of 60 days. When you and your ex-spouse have reached an agreement on different issues, you will both sign the final decree of divorce and appear before a family court judge. The divorce is considered final once the judge signs the decree.



There are several factors that go into determining the length of time it may take a divorce to become final. If your are getting a divorce in Texas, there is a minimum 60 day waiting period for all divorces starting from the day the initial papers aka divorce petition, are filed with the District Clerk’s Office.

What is the total cost of a divorce in Texas?

In Fort Worth, we get this question with every client and we wish there was a perfect answer for the amount a divorce will cost our clients. The total cost of a divorce in Texas ranges from about $300 for a simple do-it-yourself filing to around $30,000 or more for a highly contested trial.

The initial cost of your divorce in Fort Worth, Texas will depend on all the circumstances of your unique case. 

We have some general base line costs of different divorce case situations in Texas. For example:

• If you have a contested child custody lawsuit, you can expect a minimum of $4,500 starting cost. 

• If you have a property and child custody case, your divorce could cost between $5,000 and $7,500. 

Please remember these are only estimates for the general costs that cover the temporary orders phase of your case. 

The total cost of your divorce entire divorce may rise as the process progresses.

What are some of the fees associated with a contested divorce case in Texas? 

Some fees our firm considers for our clients during a divorce case in Fort Worth, Texas are the following:

Every divorce requires basic fees to process the paperwork, which are paid directly to the local District Clerk.

Court Costs & Filing Fees: Divorce filing fees which are always required. Filing the initial divorce petition typically costs between $250 and $350, depending on your county. We do this for our clients.

Attorney Fees: Lawyers typically charge hourly rates ranging from $350 to $500+, requiring initial retainers of $5,000 to $10,000. Paying for a divorce attorney in Texas is essential because it guarantees objective legal expertise, protects your rights, and prevents devastatingly costly long-term mistakes.

Discovery Costs: Discovery in a divorce case is the mandatory legal process where both spouses exchange information and evidence relevant to their case. The goal is to ensure total transparency so each party can make informed, fair decisions regarding asset division, child custody, and support. This includes depositions, interrogatories, subpoenas, and hiring court reporters for pre-trial proceedings often costing between $1,000 to $5,000 or more.

Service of Process: Paying a process server or constable Sheriff’s Deputy or Private Process Server to legally notify your spouse costs around $50 to $100. 

Mediation Fees: Divorcing couples are usually required to mediate before going to trial. Mediators charge hourly rates of $100 to $300+ per person, totaling $1,000 to $3,000 on average.

Expert Witnesses & Evaluators: In complex or high-asset cases, you may need financial analysts or appraisers. Custody disputes may require a court-ordered child custody evaluator, which can cost $2,000 to $5,000.

Do I need a reason to get divorced?

No, you do not need to prove fault to get a divorce. Across all 50 U.S. states, you can file for a "no-fault" divorce, meaning you simply state that the marriage is irretrievably broken or that you have "irreconcilable differences".

Do you have to go to court for an uncontested divorce in Fort Worth?

Yes, legally you must go to court for an uncontested divorce case. Although you and your spouse have agreed on the divorce terms outside of court or through mediation, the state of Texas requires both of you to appear before a judge with a written agreement to finalize the divorce.

What is the difference between legal separation and divorce?

The fundamental difference is that a divorce (or dissolution) permanently ends a marriage, returning both parties to a single status with the right to remarry. Legal separation, on the other hand, requires a court to formally separate your finances and living arrangements, but you remain legally married

How is alimony determined?

In Texas, alimony or "spousal maintenance”, isn’t simply awarded automatically. In a Texas divorce the courts presume alimony is not warranted unless the requesting spouse proves they cannot meet their "minimum reasonable needs" and meets specific eligibility criteria.

If a court awards alimony, the state imposes a strict statutory cap on the monthly payment. It is calculated as the lesser of: 

$5,000 per month

20% of the paying spouse's gross monthly income 

The strict $5,000 / 20% limit and eligibility rules apply specifically to court-ordered maintenance. Divorcing spouses are completely free to negotiate their own agreements known as contractual alimony, which can exceed these standard statutory limits and durations.

Can I get divorced without my spouse’s agreement?

Yes. You do not need your spouse’s permission or signature to get divorced in Texas. Texas is a no-fault state, allowing you to file for divorce based on "insupportability" (meaning the marriage has become unresolvable). Your spouse's refusal to agree cannot stop the divorce from moving forward.

Can I get an annulment instead of a divorce?

Yes you can get an annulment instead of a divorce if your individual situation meets very specific legal grounds. An annulment treats your marriage as if it never existed, whereas a divorce simply ends a valid marriage.

In Texas, there are specific common annulment grounds to be considered. The client typically must prove the union was invalid from the beginning due to factors such as the below:

• Fraud or Coercion: You were tricked or forced into the marriage.
• Mental Incapacity: One party lacked the mental capacity to consent at the time of the wedding.
• Intoxication: One party was too drunk or high on drugs to consent.
• Impotence: A partner was permanently unable to engage in sexual intercourse, unbeknownst to the other party.
• Underage Marriage: One spouse was under 18 and married without the required court order or parental consent.
• Bigamy: One spouse was already legally married to someone else

How soon can you remarry after your divorce in Fort Worth?

After your divorce is finalized in Fort Worth, you must wait 31 days before remarrying. 

What is the non-emergency contact number for the local police station in Fort Worth, Texas?

The non-emergency contact number for the Fort Worth Police Department is 817-392-4222.

To begin your divorce, child custody, adoption, guardianship or any other Family Law case with an expert, Board Certified Family Lawyer, contact our team today.