Divorce FAQ
Divorce FAQ
Direct answers to the questions Dallas-area clients ask most about divorce matters.
Answers, Directly
Divorce FAQ
Can I keep my case out of the public record in Dallas County?
Divorce filings are generally public court records, though sensitive exhibits (like financial account numbers or a child’s identifying information) can sometimes be filed under seal or with limited identifiers.
Mediated settlements also keep the substantive negotiation private, since only the final agreed order — not the negotiation itself — becomes part of the court file.
What is the 60-day waiting period for?
Texas Family Code §6.702 requires a minimum 60 days between filing the original petition and the court granting a final divorce decree.
This waiting period is intended to allow time for reconciliation or settlement discussions, and it’s waived in certain family-violence protective-order situations.
Do both spouses have to agree to get divorced?
No. Texas allows a divorce to proceed even if one spouse doesn’t want it, as long as the filing spouse establishes insupportability or another statutory ground.
The non-filing spouse still has the right to participate, respond, and contest specific issues like property division or custody, even if they can’t stop the divorce itself.
What are the residency requirements to file for divorce in Dallas?
At least one spouse must have lived in Texas for the preceding six months and in Dallas County for the preceding 90 days before filing.
If you recently moved to Dallas from another state, you may need to file in your prior location first or wait until the Texas residency requirement is met.
Have a question specific to your case? Our Family Law team can review the details. Learn more about our Practice Areas → or contact us directly.
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