Serving North Texas since 1973
A T T O R N E Y A T L A W
F A M I L Y L A W / D I V O R C E ~ P E R S O N A L I N J U R Y ~ C R I M I N A L L A W ~ P R O B A T E
6420 SOUTHWEST BLVD. ~ SUITE 102 ~ FORT WORTH, TX. 76107 ~ TEL 817.923.6500
How long does a divorce take?
There is a mandatory 60-day waiting period, which is considered a “cooling off”
period from the date the petition for divorce is filed before a final decree of divorce
can be entered. At the end of the sixty days, a final decree can be entered if
approved by all attorneys and parties; if no agreement exists at said time, a final
trial date may be requested of the Court. The Court’s docket will determine how
quickly that final trial date will occur. The 60-day period may only be waived if the
Responding party was convicted of or received deferred adjudication for family
violence or has an active protective order against them based on family violence
during the marriage.
Does it matter which party files first?
Typically, it probably does not matter which party files first. However, filing
first may strengthen a parties’ allegations against the other spouse with the Court, reflecting that such
allegations were serious enough to force a party to seek divorce. Custody of the children in the home may
likewise affect the decision to file first.
What is a “contested” divorce?
A “contested” divorce is when there are issues between the parties, such as custody, child support,
division of property, or debts, that a disposition of cannot be agreed upon between the parties. “Agreed”
divorce generally means, ALL issues between the parties have been settled.
How does the Court figure child support?
Texas has a recommended schedule for child support, based on the NET resources of the obligated party.
It is presumed to be in the best interest of the child or children. It calls for 20% for one child, 25% for two
children, and progresses upward with the number of children. The Court can deviate from the schedule for
good cause if circumstances require and set the support higher or lower than the calculated amount per the
Can I file for divorce if my spouse lives in another state?
Generally, if a party establishes domicile in Texas and meets the residency requirements, a divorce can be
filed here (in Texas) if jurisdiction over the other spouse can be obtained.
How is custody of the child or children determined?
Custody of a child or children is governed by the “best interest” standard in Texas. The Court will appoint
a spouse the sole managing conservator or joint managing conservator with the right to establish residence of
the child that the Court finds is in the best interest of the child/children. Many variable factors of the parties
and children will affect the decision by the Court.
6420 SOUTHWEST BLVD. SUITE 102
FORT WORTH, TX. 76107