Getting a Divorce in Parker County, Texas

The short answer

Texas allows a no-fault divorce. A court may grant a divorce when the marriage has become insupportable, which means it cannot go on because of discord or conflict between the spouses Tex. Fam. Code §6.001. When the suit is filed, you or your spouse must have been a Texas domiciliary for the preceding six months and a resident of the filing county for the preceding 90 days Tex. Fam. Code §6.301. The court may not grant the divorce before the 60th day after filing, with exceptions for family violence Tex. Fam. Code §6.702(a). In Parker County, district court family cases are filed with the District Clerk in Weatherford Parker County, "District Clerk".

Do I have to prove my spouse did something wrong?

No. Either spouse can ask for a divorce, and the court may grant it "without regard to fault" if the marriage has become insupportable Tex. Fam. Code §6.001. Insupportable means discord or conflict of personalities has destroyed the legitimate ends of the marriage and there is no reasonable expectation that you will get back together (reconciliation) Tex. Fam. Code §6.001.

If you were hoping for a legal separation instead, TexasLawHelp.org notes that Texas does not have legal separation TexasLawHelp.org, "Divorce".

How long do I have to live in Texas and Parker County before I file?

The residency rule looks at both spouses. When the suit is filed, either the spouse who files (the petitioner) or the other spouse (the respondent) must have been Tex. Fam. Code §6.301:

• a domiciliary of Texas for the preceding six-month period Tex. Fam. Code §6.301(1); and
• a resident of the county where the suit is filed for the preceding 90-day period Tex. Fam. Code §6.301(2).

So to file in Parker County, you or your spouse must meet the six-month Texas rule and the 90-day Parker County rule. The Family Code calls this the general residency rule Tex. Fam. Code §6.301. If you or your spouse recently moved, live out of state, or serve in the military, ask a lawyer how the residency rules apply to you.

How long does a divorce take in Texas?

At least 60 days in most cases. The court may not grant a divorce before the 60th day after the date the suit was filed Tex. Fam. Code §6.702(a). That is the earliest date a judge can grant it. The law does not promise the divorce will be final on that day.

The 60-day wait does not apply if the court finds either of these Tex. Fam. Code §6.702(c):

• the respondent has been finally convicted of, or received deferred adjudication for, a family violence offense against the petitioner or a member of the petitioner's household; or
• the petitioner has an active protective order, or an active magistrate's order for emergency protection, against the respondent based on a finding of family violence committed during the marriage.

If you are in danger, see Protective Orders in Parker County, Texas.

What happens while the divorce is pending?

The court can make temporary orders that last while the case goes on. On a party's request or on its own, and after notice and a hearing, the court may render an appropriate order, including a temporary injunction (a court order to do or not do something) to protect property and the parties Tex. Fam. Code §6.502(a). The orders can include, for example Tex. Fam. Code §6.502(a):

• a sworn inventory and appraisement (a list with values) of the property and a list of debts;
• payments for the support of either spouse;
• giving one spouse exclusive use of the home while the case is pending;
• limits on spending beyond reasonable and necessary living expenses.

If you have children, the court can also make temporary orders for the child's safety and welfare Tex. Fam. Code §105.001(a). These can include temporary conservatorship (the Texas word for custody) and temporary child support Tex. Fam. Code §105.001(a). See Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child and Child Support in Texas: How It Is Calculated and Who Collects It.

How is property divided in a Texas divorce?

Texas law starts by sorting property into community property and separate property.

• Community property is the property, other than separate property, that either spouse acquired during the marriage Tex. Fam. Code §3.002.
• The presumption. Property either spouse has during the marriage or when it ends is presumed to be community property Tex. Fam. Code §3.003(a). A presumption is the starting point the court uses unless it is proved wrong.
• Proving separate property. To show something is separate property, a spouse must prove it by clear and convincing evidence Tex. Fam. Code §3.003(b). If you believe something is yours alone, gather the papers that show where it came from and when.

The court then divides the estate in a manner it deems "just and right," with due regard for the rights of each spouse and any children of the marriage Tex. Fam. Code §7.001. The statute does not say the split must be equal.

In Parker County

Where to file. District courts generally hear divorces Parker County, Texas, 415th District Court. The Parker County District Clerk is the clerk for the 43rd and 415th Judicial District Courts, and all district court civil, family, juvenile and felony cases are filed with the clerk Parker County, "District Clerk". The office is at 117 Fort Worth Highway, Weatherford, TX 76086. Civil/family hours are 8 a.m. to 5 p.m., Monday through Friday (closed Friday from noon to 1 p.m.), and the phone is 817-598-6114 Parker County, "District Clerk". Parker County's county courts at law also have the jurisdiction that general law gives district courts Tex. Gov't Code §25.1862, and the County Clerk keeps their court records Parker County, Texas, County Clerk.

Forms. The District Clerk's office cannot give legal advice and does not provide divorce forms. Its FAQ points you to Texas Law Help for forms Parker County District Clerk FAQ, "Where can I get forms to file my lawsuit or divorce?". The District Clerk's Forms page lists a link for "Divorce (Uncontested, No Minor Children, No Real Property.)" and notes that Texas Law Help Online may have useful forms for pro se parties, meaning people without a lawyer Parker County District Clerk, "Forms". TexasLawHelp.org's divorce guides are meant for cases where the spouses agree on everything, or where one spouse is unlikely to take part TexasLawHelp.org, "Divorce". It has separate kits for spouses with no minor children and for spouses with children under 18 TexasLawHelp.org, "Divorce".

Fees. The District Clerk's civil/family court costs sheet dated 1/1/2026 lists $350.00 for new civil/family suits and $100.00 for service of process (delivering the papers) by the clerk, constable or sheriff Parker County District Clerk, "Civil/Family Court Costs" (1/1/2026). For cases in the county courts at law, the County Clerk's family fee schedule, effective January 1, 2024, covers divorces and lists a total of $350.00 Parker County Clerk, "Family Fee Schedule" (effective January 1, 2024). Court fees vary by county and change over time, so confirm the amount before you file TexasLawHelp.org, "Court Fees and Fee Waivers".

If you cannot pay. The Forms page lists an Affidavit of Inability to Pay Court Costs Parker County District Clerk, "Forms". If you do not have enough money to pay court fees, you can ask a judge to waive them TexasLawHelp.org, "Court Fees and Fee Waivers".

E-filing tip. The District Clerk says family cases (except adoptions) must include the names, not just initials, of all parties in the style/caption Parker County, "District Clerk". The style or caption is the heading on each court paper that names the parties.

For help finding a lawyer, see Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders. Court addresses and records searches are on Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help.

What the law says

Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed. A decree rendered in violation of this subsection is not subject to collateral attack.

In plain words: the judge cannot grant your divorce until at least 60 days after it was filed, unless one of the family-violence exceptions in Subsection (c) applies.

In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

In plain words: the judge divides your property in the way the judge finds just and right, thinking about both spouses and any children.

Questions to ask a lawyer

• Do my spouse or I meet the six-month Texas and 90-day county residency rule?
• Which of our property might be separate property, and what records will prove it?
• Should I ask for temporary orders about the home, bills, support or the children?
• Does a family-violence exception to the 60-day waiting period apply to me?
• Can we use TexasLawHelp's uncontested forms, or does our case need a lawyer?

Related

• Finding a Family Lawyer in Weatherford and Parker County: Divorce, Custody, Child Support and Protective Orders
• Child Custody in Texas: Conservatorship, Possession and the Best Interest of the Child
• Child Support in Texas: How It Is Calculated and Who Collects It
• Protective Orders in Parker County, Texas
• Parker County and Weatherford, Texas: CPS and Family Courts, Court Records, DFPS Office and Free Legal Help