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How to start a divorce in Dallas, Texas

A divorce starts when one spouse, the petitioner, files an Original Petition for Divorce in a county where the case may be heard. For most Dallas residents that is the Dallas County District Clerk, and lawyers file electronically.

Residency

Under Texas Family Code § 6.301, at least one spouse must have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days. Where you were married does not matter, so a couple married in another state or country can divorce in Texas once one spouse meets these rules.

Grounds

Many Texas divorces are filed on the no-fault ground of insupportability: the marriage has become insupportable because of discord or conflict of personalities, with no reasonable expectation of reconciliation (Texas Family Code § 6.001). Fault grounds such as cruelty, adultery, or abandonment also exist and can matter in how property is divided.

The petition is then served on the other spouse, or that spouse signs a sworn waiver of service after the case is filed (Texas Family Code § 6.4035).

How long a divorce takes in Texas

The legal minimum is set by Texas Family Code § 6.702: a court may not grant a divorce before the 60th day after the petition was filed. The clock runs from filing, not from service.

The waiting period does not apply when the respondent has been convicted of, or received deferred adjudication for, family violence against the petitioner or a member of the household, or when the petitioner has an active protective order or magistrate's emergency protective order against the respondent based on family violence during the marriage.

Beyond the 60 days, time depends on the case: how many issues are in dispute, how quickly financial information is exchanged, whether experts are needed, the court's calendar, and whether the spouses settle at mediation. An agreed divorce can be finished soon after the waiting period ends; a contested one takes as long as the disputes take to resolve.

What happens after the petition is filed in Dallas County

1. Service or waiver. The respondent is served by a process server or constable, or signs a waiver.
2. Answer. A served respondent has until 10:00 a.m. on the Monday after 20 days have passed from service to file an answer (Texas Rule of Civil Procedure 99). The respondent can also file a counterpetition.
3. Temporary orders, if needed, set the rules for the house, bills, and children while the case is pending.
4. Discovery. Each side exchanges financial records and information; sworn inventories are common.
5. Mediation. The court can refer a divorce to mediation on its own or at the spouses' request (Texas Family Code § 6.602), and many cases settle there.
6. Final decree. By agreement, or after a trial, the judge signs a decree dividing property and setting orders for any children.

A divorce can go forward even if one spouse does not agree to it. In an agreed case, usually only the petitioner attends a short final hearing; in a contested case both spouses attend hearings, mediation, and trial.

Temporary orders: the house, the bills and the children

Temporary orders are court orders that last until the divorce is final. Under Texas Family Code § 6.502, the judge can, after notice and a hearing, order temporary support, decide who has exclusive use of the home, require a sworn inventory of property and debts, order payment of attorney's fees, and limit spending to reasonable living expenses. In practice, that means a judge can decide who pays the mortgage, the car notes, insurance, and other bills while the divorce is pending.

When there are children, temporary orders also set conservatorship, the possession schedule, and child support. Many couples agree to temporary orders instead of holding a hearing. See child custody and child support.

How John handles a divorce: settlement first, ready for trial

You can get divorced in Texas even if your spouse does not agree: the no-fault ground of insupportability does not need both spouses' consent, and a judge decides any issue the two of you cannot settle. That is why John prepares each case so it can go either way.

John B. Polk has practiced family law in Dallas for more than 25 years and represents women and men. He prepares every litigated case as if it will go to trial while exploring settlement, and he handles cases through negotiation, mediation, arbitration, or trial.

• Negotiation: direct settlement talks between the lawyers.
• Mediation: he has resolved hundreds of family cases in mediation, as an attorney or as the mediator. See mediation.
• Collaborative law: he is trained in collaborative law, a settlement process outside court. See collaborative law.
• Court: when the other side will not be reasonable, the case is already prepared for trial. See contested divorce.

On property and business cases he works with valuation experts, forensic accountants, CPAs, tax advisors, and financial planners. For families, he refers to therapists, co-parenting counselors, and child development professionals when that helps.