Frequently Asked Questions
Frequently Asked Questions
Texas recognizes common-law marriages (informal marriages) if certain conditions are met. If you were in a common-law marriage and wish to end the relationship, you may need to go through a formal divorce process to divide assets, create provisions for children including possession schedules or parenting plans, child support and settle any other disputes.
This is a questions we often hear at Peace and Associates. In Denton County, the minimum time to finalize a divorce is 61 days from the date of filing because there is a 60-day waiting period for most cases. However, several factors can make the process longer including whether the divorce is contested or uncontested.
Possible Divorce Timelines
- Uncontested Divorce: 90 days – 1+ year, depending on details and agreements
- Contested Divorce: 6 months to 1+ year, depending on disputes
Factors That Can Extend the Process
- Disagreements over child custody, child support, property, or spousal support
- Court backlog in Denton County which affects scheduling for hearings and trials
- Required mediations or other requirements – Denton County judges very often require a divorce case to attend mediation. Mediation can solve many issues, and assist the spouses to resolve conflicts and issues.
- Discovery processes
Tips to Avoid Delays
- If you are representing yourself, be prepared for what that requires.
- Be prepared for court-ordered mediation.
- Be prepared for an attorney on the other side.
- Be prepared to work within the rules that apply including the Denton County Standing Orders, the Local Rules for Denton County courts, the State of Texas rules and statutes including, but possibly more than these listed, the Family Code, Rules of Civil Procedure, Rules of Evidence, Property Code.
- Hire a local attorney familiar with Denton County judges and procedures. At Peace and Associates, all of our attorneys are local family law attorney with years of experience in Denton County, and our office is conveniently located in Denton County.
Petitioner: The Petitioner is the first spouse to file requesting divorce. The document filed to begin the divorce is the Original Petition for Divorce requesting the Court grant their request to end the marriage, address and make orders regarding the children, and divide the marital estate.
Respondent: The Respondent is the other spouse. The husband or wife of the spouse who filed the Original Petition for Divorce.
Obligor: The parent paying child support.
Obligee: The parent receiving child support.
Joint Managing Conservator: A conservator for a minor child or children with rights, duties, and obligations regarding the care and well-being of a minor child. Can be referred to as the abbreviation JMC. A joint managing conservator can be a parent or other adult.
There isn’t a single “right” time that applies to everyone. Deciding whether and when to divorce is a deeply personal choice that depends on many factors, including your family situation, finances, and future goals. In Denton County, Texas, someone can file for divorce at any time after living in Texas for 6 months and Denton County for 90 days. The attorneys in our office will never tell someone when they should divorce their spouse. What we can do is help you understand the legal facts and issues involved in a Denton County, Texas divorce—such as asset and property division, child custody, child support, spousal support, timing considerations and how your specific circumstances could play out in court. Armed with real information you can make an informed decision that’s right for you about when -or if – the time is right.
Our divorce attorneys are conveniently located in Flower Mound and have combined Denton County family law experience of more than 45 years. While you’re gathering information to determine your next steps, our attorneys are available for a consultation with you to discuss your questions about divorce.
While Texas law does not require you to hire an attorney, navigating the divorce process can be complicated, especially if there are disagreements over property, children, or finances. An experienced Texas family law attorney can help protect your rights and ensure a fair outcome. When a couple agrees about the child and property division, Texas divorce decrees can also be complicated. A Denton County divorce attorney experienced in family law issues and property division can assist divorcing couples who are agreed on the divorce issues working with one spouse and preparing a divorce decree to reflect the agreements that have been made and the intentions of the divorcing parties.
Yes, Texas still has no-fault divorce. The 2025 legislative session brought that topic up again but the Texas Family Code still allows divorcing spouses to use a no-fault ground for divorce. In Texas, the statutes allow spouses to divorce without having to state or prove that the other spouse was a bad actor in some way or plead accusations to get a divorce.
Yes, in Texas, you can change your name as part of your divorce—specifically, you can request that your maiden name or a former legal name be restored in the Final Decree of Divorce.
Here’s how it works:
- A party to a divorce must formally request the name change during the divorce process. This is typically included in the Original Petition for Divorce or in the Original Counterpetition for Divorce.
- The judge can grant the name change as part of the final divorce order. Your spouse or soon-to-be ex-spouse doesn’t have to agree. Also, your spouse can’t require or force you to change your name. The Final Decree of Divorce will include the specific name change and include the new name you are going to use.
You do not have to file a separate name change case if it’s included in the decree. - While the name change can be completed as part of the divorce process, there are limitations to the change of name based on Texas statutes:
- Texas law only allows a return to a previously used legal name (like a maiden name or a former married name).
- You cannot request a completely new name in a divorce case. That would require a separate name change proceeding.
- Updating your records:
Once the name change is granted in the Final Decree, you can use that order to update your name with agencies like the Social Security Administration, DMV, banks, and passport office.
If you’re already divorced and didn’t request the name change at the time, you’ll need to file a separate adult name change case under the Texas Family Code.
We can help you with filing a separate adult name change in our office also.
Many people come to us at Peace & Associates asking, “Is there such a thing as a perfect divorce?”
The honest answer is: No divorce is ever perfect. Divorce is a deeply personal and emotional process—rarely without some stress or heartache. But while it may not be perfect, it can be peaceful, respectful, and well-managed.
At Peace & Associates, we’ve helped clients throughout Denton County navigate divorce in ways that are:
- Thoughtful – keeping the focus on long-term goals, not just short-term emotions
- Child-centered – prioritizing your children’s well-being at every stage
- Efficient – using tools like mediation and negotiation to avoid courtroom battles
- Straightforward – built on financial transparency and open communication
- Supportive – guided by an experienced, compassionate family lawyers and legal team who listens
A successful divorce doesn’t mean there’s no conflict—it means there’s a commitment to handling that conflict with dignity and clarity. Whether you’re in Flower Mound, Denton, Argyle, or any surrounding community in Denton County, you don’t have to go through it alone.
If you’re ready for a divorce process that minimizes drama and maximizes peace of mind, Peace & Associates is here to help.
The Texas Family Code provides a Holiday schedule that includes a schedule for Thanksgiving, Christmas, a child’s birthday, Mother’s Day, and Father’s Day. The holiday schedule remains the same regardless of how far apart the parents live. Thanksgiving and Christmas alternate each year but each parent has time with the child or children during the Christmas break from school.
Mother’s Day and Father’s Day are also included in the possession schedule from the Family Code.
Spring Break isn’t considered a holiday but is also included in Texas Standard Possession with an alternating year plan.
Yes, Texas requires a 60-day waiting period before a divorce can be finalized. The waiting period is required even when the divorcing couple has been separated or living apart before filing for divorce. There is no waiting period for an annulment or if certain facts exist regarding family violence.
No sooner than day 31 after the divorce is decree can a divorced party marry a new person. And, there is a 72-hour waiting period after a marriage license is issued in most cases. However, if two former spouses want to remarry after a divorce that is possible without a waiting period at all.
If all you need is confirmation that the divorce happened (not the full divorce decree), you can order a Divorce Verification Letter through the Texas Department of State Health Services (DSHS) online or by mail — but that isn’t a substitute for the actual decree in most legal situations. (Texas Health Services)
Texas DSHS Marriage/Divorce Records Info:
https://www.dshs.texas.gov/vital-statistics/marriage-divorce-records
1. Go to the Right Office
In Denton County, Texas, divorce decrees (final divorce orders) are official court records kept by the Denton County District Clerk — not the county clerk. You need to request them from the Denton County District Clerk’s office.
2. If you want more information online for your Denton County record request, you may find more information here: https://www.dentoncounty.gov/230/District-Clerk
You can often look up the case first using Denton County’s public access portal if you know the names or case number:
Denton County Case Search – https://justice1.dentoncounty.gov/PublicAccess/default.aspx
3. Submit a Record Request
You’ll need to complete the Record Request Form and specify the document you want (e.g., Final Decree of Divorce):
Denton County District Clerk Record Request Form (PDF) – https://www.dentoncounty.gov/DocumentCenter/View/486/Records-Request-Form-PDF
4. There will be fees for the records, which may range from a flat fee + fee per page, or just a fee per page.
Wait time for the record(s) you’ve requested will vary based on the method you made your request, and what you’re requesting.
If you are having difficulty getting the right document, or another family law or divorce question arises, please contact our office. Our Flower Mound attorneys and team may be able to assist you in getting the divorce records you need.
In a Texas Standard Possession Order, the “5th weekend” is a period of possession for the possessory conservator or non-primary parent during months that have five weekends. In those months, the non-primary parent typically gets possession of the child on the 5th weekend, even though that weekend may fall outside the usual first, third, or somewhat alternating weekend schedule. The 5th weekend is determined by the Friday. Is it the 5th Friday of the month? If so, then it is a 5th weekend period of possession. Possession generally begins on Friday evening and ends Sunday evening, just like a regular weekend, unless the court order says otherwise. The 5th weekend is designed to provide additional parenting time when the calendar allows it. Sometimes the 5th weekend gets tricky because the following weekend is the 1st weekend of the next month. When there is a 5th weekend in a month, the possessory conservator or non-primary parent will have two weekend periods of possession in a row. 2026 will have 4 months with a 5th weekend period of possession: January, May, July, and October. 2027 will have 5 months with a 5th weekend period of possession January, April, July, October, and December.
Possession schedules can be modified by parents by agreements, and a schedule can by created by a court order, if necessary. If you have questions about conservatorship, possession schedules, child issues of any kind, please reach out to our office to set a consultation with one of our experienced family law and divorce attorneys.
At Peace & Associates, we are committed to meeting client’s needs and using a team approach to accomplish that in the best way possible. You can request a specific attorney you’d like to meet with for your initial consultation, and you also have the option of scheduling a consultation based on your availability and attorney availability.
