Fort Worth Divorce Attorneys

Reliable Divorce Lawyers in Texas for Your Peace of Mind

Going through a divorce is extremely difficult, regardless of the personal circumstances that led to the decision. At The Clark Law Firm, our goal is to make the process as easy on you as possible. By offering you sound guidance and representation in any depositions, meetings, or court hearings, you can rely on us to protect your rights and best interests. Our Fort Worth divorce lawyers are committed to standing by your side during this stressful time while offering the legal support you need.

Need Help with Your Divorce? Contact us today at (817) 435-4970 for a free consultation and let our experienced Fort Worth divorce attorneys guide you through the process.

Key Topics to Address During Your Divorce

There are many different subjects you must decide during a divorce. If you share children with your spouse, there will be even more complicated matters to discuss. When you and your spouse are unable to come to a decision with the help of your lawyer and their attorney, the decision will be left to the court. Unfortunately, while the judge is given a certain amount of paperwork, they do not know the full details of your life or your children to make fully informed decisions.

A few examples of the topics you must discuss during a divorce include:

Is Divorce Expensive in Texas?

Divorce is often quite expensive. Determining the appropriate division of property, assets, and parenting time, as well as the money required to spend toward spousal support and child support can be complicated. A final agreement can take months, even years to complete, resulting in long hours of negotiations and expensive attorney and court fees. The costs eventually add up; and in the end, you could be left struggling to start a new life.

Understanding the financial obstacles you can possibly face during the proceedings can help you figure out how to make divorce as least costly as possible.

The following are common issues that make divorce more expensive:

Great Amount of Large Financial Assets - A divorce which involves an abundance of financial assets (e.g. multiple properties, businesses, stocks and stock options, retirement and pension, trusts, etc.) often requires valuation conducted by financial experts. Furthermore, the transfer of financial assets can have tax implications for one or both parties, which makes it mandatory to obtain professional help from a tax expert as well. Paying these professional can cost you a great deal of money.
Failure to Disclose Information - In Texas, both parties are required to disclose their financial information and history as part of the discovery process to determine a reasonable division. Failure to cooperate can lead to penalties in the form of fines. For example, if one spouse refuses to produce their required documents, the other spouse can file motions that could delay the discovery process, resulting in increased attorney fees and court fees.
Child Custody Disputes - When disagreements occur over child custody, there are a variety of expenses that are involved. For example, the judge can hire an evaluator to perform interviews and conduct home studies that you must pay for at the end. Other expenses include counselors, therapists, and other professional services.
Final Judgment Determined by Court Litigation - The costs of court litigation are much higher compared to settling through mediation. In addition, there is a chance that you will not obtain a favorable, reasonable outcome once the final judgment is made by the judge.

Grounds for Divorce in Texas

When filing for divorce in Texas, you must choose between a no-fault or fault-based divorce.

No-Fault Divorce – This is the most common type. You don’t have to prove wrongdoing; instead, you simply state that the marriage is no longer working due to "insupportability."
Fault-Based Divorce – In some cases, one spouse may file for divorce based on the other spouse’s actions. Common reasons include:
- Adultery – If one spouse has been unfaithful, the other may use it as grounds for divorce.
- Cruelty – Physical, emotional, or psychological abuse can be a valid reason.
- Abandonment – If one spouse has been absent for at least a year, the other can file based on abandonment.
- Felony Conviction – A spouse serving a lengthy prison sentence may also be grounds for divorce.

Filing a fault-based divorce could impact property division, spousal support, and even child custody. However, it may also lead to a longer and more expensive legal battle.

Texas Divorce Process Step by Step

Divorce in Texas follows a set legal process. Understanding each step can help you prepare.

Filing the Petition – One spouse (the petitioner) files a petition for divorce in the county where they live.
Serving Your Spouse – The other spouse (the respondent) is formally notified and given time to respond.
Temporary Orders – If needed, the court can issue temporary decisions about child custody, spousal support, or property use.
Mediation and Settlement – Many couples try to resolve issues through mediation to avoid a lengthy court battle.
Finalizing the Divorce – If both parties agree, the court reviews and approves the final divorce decree. If not, a trial may be necessary.

Legal Separation vs. Divorce in Texas

Texas does not recognize legal separation. However, there are alternative options if you’re not ready to divorce.

Temporary Separation Agreements – Spouses can create legal agreements about finances, child custody, and property division while living apart.
Informal Separation – Couples can choose to live apart without officially divorcing, but legal protections may be limited.
Postnuptial Agreements – Some couples draft agreements outlining financial responsibilities while remaining legally married.

If you're unsure whether divorce is the right step, discussing your options with a family law attorney can help you make the best decision.

Frequently Asked Questions (FAQ) About Divorce in Texas

How long does a divorce take in Texas?

The minimum waiting period for a divorce in Texas is 60 days from the date of filing. However, if there are disputes over assets, child custody, or spousal support, the process can take several months or even years.

Do I need to prove my spouse did something wrong to get a divorce?

No. Texas allows no-fault divorces, meaning you don’t have to prove wrongdoing. However, if you believe your spouse’s actions (such as adultery or abuse) should affect the outcome of the divorce, you can file a fault-based divorce.

Can I get divorced if my spouse doesn’t want to?

Yes. As long as one spouse wants a divorce, the court will grant it. Your spouse can delay the process by refusing to cooperate, but they cannot stop the divorce from happening.

Do both spouses need to live in Texas to file for divorce?

At least one spouse must have lived in Texas for at least six months before filing. Additionally, they must have lived in the county where they file for at least 90 days.

Will I have to go to court for my divorce?

Not necessarily. If you and your spouse agree on all terms, you may be able to complete the divorce without a court appearance. However, if disputes arise, a judge may need to make final decisions.

Can my spouse and I use the same lawyer?

No. Even if your divorce is amicable, an attorney can only represent one party due to conflicts of interest.

What happens if my spouse refuses to sign the divorce papers?

If your spouse refuses to participate, you can still proceed with the divorce. The court may issue a default judgment in your favor if they fail to respond.

Contact Our Fort Worth Divorce Lawyers for Assistance

Whenever possible, we recommend trying to go through an uncontested divorce with your spouse. If you are able to come to an agreement on all of the important matters involved in your divorce, the outcome will likely be much more positive. The process for an uncontested divorce is often less expensive and less trying on all parties involved. Our team can explain the difference between the normal divorce process and an uncontested divorce when you come in for your initial consultation.

Protect Your Rights & Future – Don't navigate divorce alone. Contact us today at (817) 435-4970 to discuss your case and explore your legal options.