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.

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, 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.

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