Filing for divorce can be overwhelming, but understanding the process in Denton County, Texas can help you move forward with clarity and confidence. Whether your divorce is uncontested or contested, following the correct steps and meeting local requirements is essential. Here’s what you need to know.
Residency Requirements
Before you can file for divorce in Denton County, you or your spouse must meet two key residency criteria:
- At least one spouse must have lived in Texas for at least six months.
- At least one spouse must have lived in Denton County for at least 90 days before filing.
Where to File
All divorce cases in Denton County are handled by the District Courts, located at:
Denton County Courts Building
1450 E. McKinney Street
Denton, TX 76209
Phone: (469) 384-7303
Business Hours: 8:00 a.m. – 5:00 p.m., Monday through Friday.
Step-by-Step Divorce Process
- Gather and Complete Required Forms
The forms you’ll need depend on your circumstances, but most uncontested divorces require:
- Original Petition for Divorce
- Civil Case Information Sheet
- Respondent’s Original Answer or Waiver of Service (if the divorce is uncontested)
- Information on Suit Affecting the Family Relationship (VS-165)
- Final Decree of Divorce
If you have children, you’ll need additional forms related to child support.
If a retirement account is being split DO NOT MAKE A LOAN NOR WITHDRAWAL from that account, as a means of dividing the account; instead, a Qualified Domestic Relations Order (QDRO) should be prepared by a professional. That way, the split of the account is not a taxable event.
File Your Petition
- Bring the completed forms (originals plus two copies) to the District Clerk’s office.
- Pay the filing fee, which is typically (at the time of this writing) $350 (fee waivers are available if you qualify, but these are often challenged).
- The clerk will assign your case to a court and provide you with a case number.
Serve Your Spouse
- Provide your spouse with a copy of the filed paperwork.
- Your spouse should complete a notarized Waiver of Service within 20 days, or file an Answer within the deadline stated on the divorce case citation (issued by the District Clerk’s Office).
Observe the Waiting Period
- Texas law requires a 60-day waiting period from the date you file before the divorce can be finalized (there is an exception when there has been Family Violence).
- Ideally, you and your spouse can work out the details of your Final Decree of Divorce during this time (unless that has already been done).
Prepare for the Final Hearing
- After the waiting period, schedule a final hearing.
- Bring all completed paperwork, including the Final Decree of Divorce signed by both parties (if uncontested), to the hearing.
- The judge cannot advise you on how to proceed with your case, but will review your documents, and may ask a few questions (to gain clarity) before signing the decree (if everything has been done properly by the parties).
Finalize Your Divorce
- The court will keep the original signed Final Decree of Divorce. If you bring copies (with blanks for the dates, Judge’s signature, and so on, you can obtain conformed (certified or uncertified) copies from the court clerk.
Special Situations
- If you have minor children who have received Medicaid or TANF, you must notify the Child Support Division of the Texas Office of the Attorney General and provide proof of that notification to the court.
- If you or your spouse wish to resume a maiden name, include that request within your petition, and provide language restoring that name, within your decree.
Tips for a Smoother Process
- Consider whether there are significant property (including debt) issues, and/or disagreements about children’s issues (conservatorship, possession and access, rights and duties, child support, medical support, and so on). If so, then your divorce case may be better handled by a lawyer. For further considerations along these lines, check-outhttps://heimanlawfirm.com/do-it-yourself-divorce-does-it-make-sense-for-me
- Double-check forms: Ensure all forms are complete and accurate, especially sections involving finances (such as retirement accounts) and children.
- Consult the Law Library: Denton County offers a public law library at 121 N. Woodrow Lane for legal research and resources.
- Legal advice: Even in uncontested cases, consulting a family law attorney can help you avoid costly mistakes and protect your interests.
Conclusion
Filing for divorce in Denton County involves clear steps: meeting residency requirements, completing and filing the correct forms, serving your spouse, observing the waiting period, and attending a final hearing. While the process can be straightforward for uncontested divorces, legal guidance is invaluable—especially if your case involves children, property, or disagreements.
If you have questions or need assistance with your Denton County divorce, the team at Heiman Law Firm is here to help you navigate every step with confidence and care.
This article is for informational purposes only and does not constitute legal advice. For personalized guidance, contact a qualified Family Law attorney.