Filing for divorce in Denton County requires at least one spouse to have lived in Texas for six months and in Denton County for 90 days. Once you file, Texas law mandates a 60-day waiting period before your divorce can be finalized. While these requirements apply to everyone, the decisions you make during the divorce process will shape your financial future, your relationship with your children, and your ability to move forward with your life.
Denton County ranks as the 6th busiest divorce court in Texas, handling thousands of cases each year. The outcomes vary dramatically based on preparation, strategy, and legal representation. Whether you’re facing a straightforward uncontested divorce or a complex case involving substantial assets, custody disputes, or a spouse who won’t cooperate, understanding how divorce works in Denton County is the first step toward protecting what matters most.
Divorce in Denton County: By the Numbers
Denton County sees significant divorce activity. According to data from the Texas Department of State Health Services Vital Statistics Section, the county averaged 2,784 divorces per year during the 2015-2017 period, accounting for 4.04% of all divorces filed statewide. That volume places Denton County 6th among all 254 Texas counties for divorce filings.
Denton County Divorce Statistics
| Metric | Denton County |
|---|---|
| Statewide Rank | #6 in Texas |
| Annual Divorces (Average) | 2,784 |
| Per Capita Rate | 3.45 per 1,000 residents |
| Texas State Average | 2.47 per 1,000 residents |
| Divorces Involving Children | 47.3% (vs. 44% statewide) |
The data reveals something significant: Denton County’s per capita divorce rate of 3.45 per 1,000 residents is 39.8% higher than the Texas state average. Nearly half of all Denton County divorces (47.3%) involve minor children, compared to 44% statewide. These numbers underscore why having experienced legal representation matters. When children are involved, the stakes extend far beyond property division.
Source: Texas Department of State Health Services, Vital Statistics Section (2015-2017 divorce/annulment indexes); U.S. Census Bureau population estimates.
Residency Requirements for Filing in Denton County
Before filing for divorce in Denton County, you must meet two residency requirements under the Texas Family Code. First, at least one spouse must have been a resident of Texas for six continuous months before filing. Second, at least one spouse must have lived in Denton County for 90 continuous days before filing.
These requirements exist to establish proper jurisdiction. If you recently moved to Denton County from another Texas county, you’ll need to wait until you’ve lived here for 90 days. If you recently moved to Texas from another state, you’ll need to wait until you’ve been in Texas for six months. However, if your spouse meets the residency requirements and you don’t, either of you can still file in Denton County.
Military families face unique residency considerations. If you or your spouse is stationed in Texas and has been here for six months, you can use Texas as your domicile state for divorce purposes. Active duty service members also have additional protections under the Servicemembers Civil Relief Act that may affect timing and proceedings.
The 60-Day Waiting Period: What to Expect
Texas law imposes a mandatory 60-day waiting period from the date you file your Original Petition for Divorce until your divorce can be finalized. This “cooling off” period applies regardless of whether both spouses agree to the divorce or how straightforward the case appears.
The only exception involves family violence. Under Texas Family Code Section 6.407, if you or your spouse has been convicted of or received deferred adjudication for a family violence offense, or if you have an active protective order against your spouse, the court can waive the 60-day waiting period and finalize your divorce sooner.
In practice, most Denton County divorces take longer than 60 days anyway. Contested cases involving disputes over property, custody, or support often require several months to resolve through negotiation or litigation. However, for couples who reach a complete agreement quickly, that 60-day mark represents the earliest possible final decree date.
Where to File Your Denton County Divorce
Divorce petitions in Denton County are filed with the District Clerk at the Denton County Courts Building. The county maintains multiple district courts that handle family law matters, and your case will be assigned to one of these courts upon filing. The address is 1450 E. McKinney Street, Denton, Texas 76209.
Filing requires payment of court filing fees, which change periodically. As of recent years, expect to pay several hundred dollars in filing fees, plus additional costs for citation (serving your spouse with divorce papers). If you cannot afford these fees, you may qualify for a fee waiver by filing an Affidavit of Indigency with appropriate documentation of your financial situation.
Electronic filing is available and often required for represented parties in Denton County. Your attorney will handle this through the state’s e-filing system. If you’re filing pro se (representing yourself), the District Clerk’s office can provide guidance on filing procedures.
When Do People File for Divorce in Denton County?
Analysis of Denton County divorce filings reveals clear seasonal patterns. June is the peak month for divorce filings, while February sees the lowest volume. In fact, there are 45% more divorces filed in June than in February. This pattern aligns with school schedules, as many parents wait until the end of the school year to file, hoping to minimize disruption to their children’s routines.
Denton County’s divorce caseload is remarkably stable from year to year, with less than 2% variation annually. This predictability means the local family courts maintain consistent processing times and experienced dockets, unlike some counties where sudden surges can create delays.
How Denton County Courts Divide Property
Texas is one of nine community property states, meaning all property acquired during the marriage is presumed to belong to both spouses equally. However, “community property” doesn’t automatically mean “50/50 split.” The Texas Family Code requires courts to divide marital property in a manner that is “just and right,” giving judges discretion to award a disproportionate share based on relevant factors.
Factors that can influence property division include the spouses’ respective earning capacities, fault in the breakup of the marriage (such as adultery or cruelty), who will have primary custody of the children, each spouse’s health and age, the size of each spouse’s separate estate, and the nature of the property itself.
In contested Denton County cases, property divisions often end up somewhere between 55/45 and 60/40 in favor of one spouse, depending on the circumstances. Texas appellate courts have upheld divisions as disparate as 57/43 or even 60/40 where the facts justified it. The spouse with primary custody of minor children frequently receives a larger share of the marital estate to help maintain stability for the children.
Separate Property vs. Community Property: Property you owned before marriage, received as a gift during marriage, or inherited during marriage is generally considered your separate property and isn’t subject to division. However, proving separate property character can be challenging, especially when assets have been commingled with community funds over time. The burden falls on the spouse claiming separate property to trace and prove it.
Child Custody in Denton County Divorces
With 47.3% of Denton County divorces involving minor children (higher than the 44% state average), custody is a central issue in nearly half of all local cases. Texas courts, including those in Denton County, make custody decisions based on the best interest of the child. This standard is intentionally broad, allowing judges to consider a wide range of factors specific to each family’s circumstances.
Texas law favors naming both parents as joint managing conservators, meaning both have rights and responsibilities regarding major decisions affecting the child. However, joint conservatorship doesn’t necessarily mean equal possession time. One parent is typically designated to have the exclusive right to determine the child’s primary residence, while the other parent receives a possession schedule.
The Texas Family Code provides a Standard Possession Order (SPO) that serves as a default schedule when parents cannot agree. Under the SPO, the non-primary parent typically has possession on the first, third, and fifth weekends of each month, Thursday evenings, alternating holidays, and extended summer time. Parents can agree to different arrangements, but any custom schedule must be approved by the court as being in the child’s best interest.
In high-conflict cases or situations involving domestic violence, substance abuse, or other serious concerns, courts may restrict a parent’s access to supervised visitation only. Alternatively, one parent may be named sole managing conservator with the other as possessory conservator, limiting the non-primary parent’s decision-making authority.
Child Support Calculations Under Texas Law
Texas uses a percentage-based formula for calculating child support. The obligor (non-custodial parent) pays a percentage of net monthly resources based on the number of children: 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children.
“Net monthly resources” includes wages, salary, commissions, self-employment income, rental income, and most other regular income sources. Deductions for taxes, Social Security, health insurance for the child, and union dues are subtracted before applying the percentage.
The guidelines apply to the first $9,200 of monthly net resources (as of 2024, this cap is adjusted periodically). For high-income parents earning above this threshold, the court can order additional support beyond the guideline amount if the child’s proven needs justify it.
Child support orders in Denton County typically continue until the child turns 18 or graduates high school (whichever occurs later), or indefinitely if the child has a disability requiring ongoing support. Parents can agree to deviations from guideline support, but Denton County courts will scrutinize any agreement that pays less than guidelines to ensure the child’s needs are met.
Mediation in Denton County Family Courts
Denton County strongly encourages mediation in family law cases. In most contested divorces and custody disputes, mediation is required before the case can proceed to trial. This policy reflects both practical and philosophical considerations: mediation often produces better outcomes for families while reducing court congestion and litigation costs.
During mediation, a neutral third-party mediator works with both spouses (and their attorneys, if represented) to facilitate negotiations and help reach a settlement. The mediator cannot make decisions or impose outcomes; their role is to help parties find common ground. Anything said during mediation is confidential and cannot be used against either party if the case proceeds to trial.
Settlement rates in mediation are high. Many couples who enter mediation expecting a trial walk away with a complete agreement. Even in cases where not everything is resolved, mediation often narrows the issues in dispute, reducing trial time and expense.
Mediated Settlement Agreements (MSAs) have significant legal force in Texas. Under Section 6.602 of the Texas Family Code, an MSA that meets certain requirements is binding and irrevocable. This means once you sign an MSA at mediation, you generally cannot change your mind or refuse to be bound by its terms. For this reason, having experienced legal counsel at mediation is essential to avoid agreements you’ll regret.
Contested vs. Uncontested Divorce: Understanding Your Options
Uncontested Divorce: When both spouses agree on all issues, including property division, child custody, child support, and spousal maintenance, the divorce is considered “uncontested.” These cases can move through the Denton County courts relatively quickly, often finalizing shortly after the mandatory 60-day waiting period ends. Uncontested divorces are less expensive and less emotionally draining, making them ideal when cooperation is possible.
Contested Divorce: When spouses disagree on one or more significant issues, the divorce becomes “contested.” This doesn’t mean you’ll definitely go to trial; most contested cases eventually settle through negotiation or mediation. However, contested cases require more extensive preparation, discovery (exchange of financial information and documents), and often multiple court appearances. The timeline extends significantly, sometimes lasting a year or longer in complex cases.
Even amicable divorces benefit from legal representation. Texas law is complex, and what seems fair in the moment may have long-term consequences you haven’t anticipated. An experienced Denton County divorce attorney can identify issues you might overlook, ensure your rights are protected, and help draft documents that accurately reflect your agreement.
What to Expect: Denton County Divorce Timeline
Every divorce is different, but understanding the typical timeline helps you plan and manage expectations.
Week 1: Consultation with attorney, gathering financial documents, filing Original Petition for Divorce.
Weeks 2–4: Service of citation on spouse, spouse files Answer (20 days from service in most cases).
Weeks 4–12: Discovery phase (interrogatories, requests for production, depositions if necessary), temporary orders hearing if needed for custody, support, or property protection.
Weeks 8–16: Mediation scheduled and completed.
If settled at mediation: Final decree drafted, reviewed, signed, and submitted to court for approval. Case finalizes.
If not settled: Trial setting, additional preparation, trial, and final decree entered by the court. Timeline extends to 6–12+ months.
Uncontested divorces where both parties cooperate can finalize in as little as 61 days. Highly contested cases with significant assets, custody disputes, or business valuations can take 18 months or longer.
Common Mistakes to Avoid in Your Denton County Divorce
Hiding assets or income: Texas courts take a dim view of spouses who attempt to conceal property or understate income. Discovery tools allow attorneys to uncover hidden assets, and judges often punish dishonesty by awarding a disproportionate share of the estate to the honest spouse.
Making major financial decisions unilaterally: Once divorce is filed, Denton County standing orders typically prohibit both spouses from making significant financial moves without court permission or agreement. Selling property, running up debt, or draining accounts can result in sanctions and hurt your credibility with the judge.
Badmouthing your spouse to the children: Courts consider each parent’s willingness to foster a positive relationship between the children and the other parent. Parental alienation tactics backfire badly and can influence custody decisions against you.
Social media missteps: Posts, photos, and messages can become evidence. Assume anything you put online will be seen by your spouse’s attorney and potentially the judge. When in doubt, don’t post.
Representing yourself in a complex case: While Texas allows pro se representation, divorce involves complicated issues of property characterization, tax consequences, retirement account division, and custody law. Mistakes made in a Final Decree are difficult and expensive to fix later. Professional guidance is an investment in your future.
Frequently Asked Questions About Denton County Divorce
How long does a divorce take in Denton County?
The minimum is 60 days due to the mandatory waiting period. Uncontested divorces often finalize within 2–3 months. Contested cases typically take 6–12 months, and complex cases can extend beyond a year.
Do I have to go to court for my divorce?
In most cases, at least one spouse must appear at a brief “prove-up” hearing to finalize an agreed divorce. If your case goes to trial, both spouses will need to appear and potentially testify.
Can I get alimony (spousal maintenance) in Texas?
Texas allows spousal maintenance under limited circumstances. Generally, you must have been married for at least 10 years and lack sufficient property or earning ability to provide for your minimum reasonable needs. Maintenance is also available if your spouse committed family violence, or if you’re unable to earn sufficient income due to a disability or caring for a disabled child.
What if my spouse won’t sign the divorce papers?
You do not need your spouse’s consent or signature to get divorced in Texas. If your spouse refuses to participate, you can proceed with a “default” divorce after properly serving them with notice. The court can grant the divorce and make orders regarding property and children even without your spouse’s participation.
How is debt divided in a Denton County divorce?
Debt acquired during marriage is generally considered community debt and is divided along with assets. However, the court can assign debt disproportionately based on factors like which spouse incurred the debt, the purpose of the debt, and each spouse’s ability to pay. Keep in mind that creditors are not bound by divorce decrees; if your ex-spouse fails to pay a joint debt assigned to them, the creditor can still pursue you.
Get Help from an Experienced Denton County Divorce Attorney
Divorce changes everything: your finances, your living situation, your relationship with your children, and your path forward. The decisions you make now will affect you for years to come. Whether you’re considering divorce, have just been served with papers, or are already deep in a contested case, having the right legal team in your corner makes a measurable difference in outcomes.
At Varghese Summersett, our family law attorneys understand what’s at stake. We’ve helped clients across Denton County protect their assets, fight for custody of their children, and navigate even the most contentious divorces. Our team brings the resources, experience, and aggressive advocacy that complex cases demand, combined with the compassion and discretion that families in crisis need.
Call us today at (817) 203-2220 for a consultation. We’ll listen to your situation, answer your questions, and help you understand your options. You don’t have to face this alone.
