What Are the Different Ways to Get Divorced in Texas?
There are several ways to get divorced in Texas, including an agreed divorce, mediated divorce, collaborative divorce, bench trial, jury trial, private judge divorce, and appeal after trial. The right option depends on whether the spouses can agree, whether children are involved, how complex the assets are, whether a business is part of the estate, how much privacy is needed, and whether certain issues should be decided by a judge or a jury.
At The Ashmore Law Firm, we help clients choose the divorce process that fits their situation. We do not assume every divorce should be handled the same way. Some cases should be resolved quietly through agreement or mediation. Others require litigation, trial preparation, a bench trial, a jury trial, or a private judge.
The process matters because it can affect the cost, timeline, privacy, leverage, stress level, and final outcome of the divorce.
The Main Types of Divorce in Texas
The main ways to resolve a Texas divorce are:
Agreed divorce or agreed orders:
Both spouses reach an agreement on the major issues, such as property, debts, custody, child support, and possession schedules.
Mediated divorce:
A neutral mediator helps both sides negotiate a settlement.
Collaborative divorce:
Both spouses and their attorneys work through a private settlement process without contested court litigation.
Bench trial divorce:
A judge hears the evidence and decides the disputed issues.
Jury trial divorce:
A jury decides certain issues, such as some custody questions, fault, property characterization, and property value.
Private judge divorce:
The parties use a special judge to decide contested issues in a more private and controlled setting.
Appeal after trial:
A higher court reviews whether legal or procedural errors occurred.
Each of these options has advantages and risks. The best option depends on your facts, your spouse, your children, your finances, and your goals.
Why the Type of Divorce Matters
Most people come into a divorce focused on the outcome.
They may be thinking:
Who gets the house?
How much time will I have with my children?
What happens to my business?
Will I have to pay support?
Will I receive support?
Can I keep this private?
How much will this cost?
How long will this take?
Those are all important questions.
But there is another question that needs to be asked early:
What is the best process for getting to the right outcome?
A person with a straightforward divorce may need a very different strategy than a business owner with multiple companies. A parent in a custody dispute may need a different strategy than a spouse who is mainly concerned about retirement accounts. A high-profile client may need a different strategy than someone whose main goal is speed.
The divorce path should match the problem.
1. Agreed Divorce or Agreed Orders in Dallas
An agreed divorce is often the simplest and most efficient way to get divorced in Texas.
This does not mean the spouses agree on everything from the beginning. Many people start with disagreements. But if both sides are willing to exchange information, negotiate in good faith, and reach written agreements, the divorce may be resolved without a contested final trial.
An agreed divorce may address:
Property division
Debt division
The marital home
Retirement accounts
Vehicles
Bank accounts
Investment accounts
Child custody
Child support
Possession schedules
Medical support
Spousal maintenance
Attorney’s fees
For many families, an agreed divorce is the best outcome because it gives the spouses more control. Instead of asking a judge to make every decision, the spouses work through the issues and create terms they can both accept.
Example of an agreed divorce
A Dallas couple has been married for ten years. They own a house, have retirement accounts, and have two children. At first, they disagree about who should keep the house and how the parenting schedule should work.
After reviewing the finances, they realize one spouse can refinance the home and buy out the other spouse’s interest. They also agree on a school-year schedule and holiday schedule for the children.
Their attorneys prepare the final paperwork, and the case resolves without a final trial.
That type of divorce is not necessarily easy, but it is often healthier, faster, and more cost-effective than fighting every issue in court.
When an agreed divorce may not be safe
An agreed divorce is only helpful if both sides have enough information to make informed decisions.
If one spouse does not know what assets exist, what the business is worth, how much debt there is, or whether separate property claims are valid, agreeing too quickly can be dangerous.
For example, suppose one spouse owns a business and says, “The company is not worth much. Just take the house and we will call it even.”
That may sound simple, but it may not be fair. The business could have significant value, recurring revenue, retained earnings, equipment, goodwill, accounts receivable, or ownership interests that need to be reviewed.
In that situation, the client may need discovery, financial records, a business valuation, or mediation before signing an agreement.
2. Mediated Divorce in the Dallas Metroplex
Mediation is one of the most common ways divorce cases are resolved in Texas.
In mediation, a neutral mediator helps the spouses and their attorneys work toward a settlement. The mediator does not represent either spouse. The mediator also does not decide the case. The mediator’s job is to help both sides understand the risks, narrow the disputes, and explore settlement options.
Usually, each spouse is in a separate room with their attorney. The mediator goes back and forth between the rooms, discussing offers, concerns, and possible solutions.
Why mediation can be helpful
Mediation gives the parties more control than trial.
At trial, a judge or jury decides certain issues after hearing evidence. In mediation, the parties can create solutions that may be more practical for their family, their business, or their finances.
For example, a court may be limited in how it divides property. But in mediation, the parties may be able to agree to payment plans, deadlines, refinancing terms, business buyout provisions, confidentiality language, or other terms that fit the situation.
Example of a mediated divorce
A business owner and spouse disagree about the value of a company.
The business owner wants to keep operating the business. The other spouse wants to receive a fair share of the marital estate. They disagree about income, valuation, and whether the business can support a buyout.
Instead of taking the issue straight to trial, the parties attend mediation. With the help of attorneys, financial documents, and expert input, they negotiate a structured buyout. The business owner keeps the company, and the other spouse receives a defined financial settlement over time.
That type of solution may be better for both sides than a public courtroom fight.
When mediation may not work
Mediation works best when both sides are negotiating with accurate information.
It may not work if one spouse is hiding assets, refusing to produce records, delaying the case, intimidating the other spouse, or making offers that are completely disconnected from reality.
In those situations, the case may need litigation before mediation can be productive.
That may include:
Written discovery
Subpoenas
Depositions
Business records
Bank records
Tax returns
Real estate documents
Expert witnesses
Forensic accounting
Temporary orders
Sometimes mediation works best after the legal team has enough information to know what is really at stake.
3. Collaborative Divorce in DFW
Collaborative divorce is a private process where both spouses and their collaborative attorneys agree to work toward settlement without contested court litigation.
This process is designed for people who want to avoid the traditional courtroom fight and are willing to commit to transparency and problem-solving.
Collaborative divorce may involve:
Collaborative attorneys
Financial professionals
Child specialists
Divorce coaches
Neutral experts
The goal is to resolve the divorce respectfully and privately.
Who may benefit from collaborative divorce?
Collaborative divorce may be a good fit for spouses who want privacy, structure, and reduced conflict.
It may be especially helpful for:
Parents who want a healthier co-parenting relationship
High-net-worth families
Executives
Business owners
Professionals
Public-facing individuals
Couples who want to avoid open court disputes
Families with complex financial issues but a willingness to cooperate
Example of collaborative divorce
A high-profile couple in the Dallas area decides to divorce. They have children, significant assets, and public reputations to consider.
Neither spouse wants private family matters discussed in open court. They also do not want their children exposed to unnecessary conflict.
They choose the collaborative process. With the help of attorneys and neutral professionals, they address property division, parenting schedules, support, and future communication.
For the right family, this process can provide privacy and dignity during a difficult transition.
When collaborative divorce may not be appropriate
Collaborative divorce requires honesty.
If one spouse is hiding money, manipulating records, refusing to disclose assets, or using the process to delay, collaborative divorce may not be the right fit.
It is also not ideal when one spouse is unwilling to participate respectfully or when there is a serious power imbalance that cannot be managed through the process.
In those cases, litigation may provide better protection.
4. Bench Trial Divorce in Texas
A bench trial is a trial before a judge.
There is no jury. The judge hears the evidence, listens to witnesses, reviews exhibits, rules on objections, applies the law, and makes the final decisions.
A bench trial may be the right choice when the case involves legal issues, technical financial evidence, or disputes that are better suited for a judge.
What can a judge decide in a Texas divorce?
A judge can decide many important divorce issues, including:
Property division
Debt division
Child support
Possession and access schedules
Parental rights and duties
Spousal maintenance
Attorney’s fees
Temporary orders
Evidentiary objections
Enforcement issues
Final decree language
The judge also decides the final division of the community estate. Even when a jury answers certain property questions, the judge is the one who divides the community property.
Example of a bench trial
A couple has a complicated estate. They own investment accounts, real estate, retirement accounts, and business interests. One spouse claims that certain assets are separate property because they were owned before marriage or inherited during marriage.
The case requires tracing, account records, expert testimony, and legal analysis.
A bench trial may make sense because the judge is used to hearing technical evidence and applying legal standards to complicated facts.
When a bench trial may not be the best option
Sometimes the concern is not just the complexity of the case. Sometimes the concern is the courtroom dynamic.
For example, imagine a Dallas divorce case where the client appears in court for temporary orders. During that hearing, the judge seems skeptical of the client. Maybe the judge’s questions suggest doubt. Maybe the temporary orders are not favorable. Maybe the client leaves feeling like the court did not fully understand the situation.
That does not automatically mean the judge is biased. Judges often hear limited evidence at temporary orders, and the final trial may look very different.
But it does mean the legal team should pause and ask:
Are there issues in this case that should be decided by a jury instead of only by the judge?
That question can be very important.
5. Jury Trial Divorce in Texas
Many people do not realize that jury trials are available in some Texas divorce and family law cases.
A jury trial does not mean the jury decides everything. Some issues can go to a jury, and some issues remain with the judge.
But in the right case, a jury trial can be a powerful strategic tool.
What can a jury decide in a Texas divorce?
Depending on the case, a jury may decide certain issues such as:
Grounds for divorce
Fault issues
Whether property is community or separate
The value of certain property
Certain conservatorship questions
Which parent has the exclusive right to designate the child’s primary residence
Whether there should be a geographic restriction
The geographic area for that restriction
These issues can be significant.
For example, in a custody dispute, the right to designate the child’s primary residence may be one of the most important issues in the entire case.
What does the judge still decide?
Even when there is a jury, the judge still decides many issues.
A judge generally decides:
Child support
The specific possession schedule
Most parental rights and duties
The actual division of the community estate
Spousal maintenance
Attorney’s fees
Final order language
This is an important distinction.
A jury may decide whether an asset is community property or separate property. A jury may decide the value of certain property. But the judge decides how the community estate is divided.
A jury may decide which parent has the exclusive right to designate the child’s primary residence. But the judge generally decides the possession schedule and child support.
Example of when a jury trial may help
A parent is in a contested custody case. During temporary orders, the other parent made serious allegations. The judge heard those allegations early, before all the evidence was available.
The client feels like the judge may already have a negative impression.
If the central issue is which parent should have the exclusive right to designate the child’s primary residence, the legal team may consider whether a jury trial is a better option for that issue.
A jury allows multiple people to hear the evidence, evaluate credibility, and answer certain fact questions.
Example involving a high-net-worth property dispute
A spouse owns a company and claims the business is separate property. The other spouse believes the business grew during the marriage and that some or all of the value should be considered community property.
A jury may be asked to decide characterization or valuation questions.
Those answers can shape the rest of the case. After that, the judge still decides how to divide the community estate.
Why choose a jury trial?
A jury trial may be worth considering when:
Credibility is central to the case
One spouse has engaged in serious misconduct
Fault matters strategically
There are disputed custody issues a jury can decide
There are important property characterization issues
There are significant valuation disputes
The judge’s early view of the case is concerning
The client may be more relatable to a jury
The facts need to be heard by more than one decision-maker
Why a jury trial may not be the right choice
A jury trial is not always better.
It can be more expensive. It can take longer. It can be more public. It can also be less predictable.
For high-profile clients, a jury trial may create more exposure. For business owners, it may bring sensitive financial information into a more public setting. For families, it may increase stress.
The decision to request a jury should be strategic, not emotional.
6. Private Judge Divorce in Dallas and Fort Worth
A private judge divorce is often referred to in Texas as a trial by special judge.
This can be an important option in high-net-worth, high-profile, or complex divorces where both parties want a binding decision but prefer a more private and controlled process.
A private judge may be used by agreement of the parties.
Why would someone use a private judge?
A private judge may offer:
More privacy
More scheduling control
Less delay
A more focused setting
A better process for complex evidence
A more controlled courtroom experience
More flexibility with logistics
This can be especially helpful when the divorce involves sensitive business records, public reputations, complex assets, or confidential family matters.
Example of a private judge divorce
A couple owns multiple businesses, commercial real estate, investment accounts, and family limited partnerships.
They need a decision, but they do not want months of delay on a crowded court docket. They also do not want detailed testimony about business operations, employees, clients, and finances in a public courtroom.
A private judge may provide a more controlled process while still allowing contested issues to be decided.
Is a private judge only for wealthy clients?
Not always. But private judging is often most useful when the value of privacy, efficiency, and control outweighs the cost.
For executives, physicians, business owners, real estate investors, professional practice owners, and public-facing individuals, it may be an option worth discussing.
7. Appeal After Divorce Trial
An appeal is not a new trial.
It is not a second chance to present all the evidence again. Instead, an appeal asks a higher court to review whether legal or procedural errors occurred in the trial court.
Appeals may be available after a bench trial, jury trial, or private judge proceeding.
What issues can come up on appeal?
Divorce appeals may involve questions such as:
Did the trial court apply the wrong legal standard?
Was evidence improperly admitted or excluded?
Was separate property incorrectly treated as community property?
Was the property division supported by the evidence?
Did the court abuse its discretion?
Did the final order conflict with a jury finding?
Were important objections preserved?
Did the decree accurately reflect the judgment?
Example of a divorce appeal issue
A spouse proves that certain property was owned before marriage. But the final decree treats that property as part of the community estate.
Depending on the trial record, that may create an appellate issue.
Why appeal strategy starts early
Appeals are built during trial.
That means the trial team has to think about the record while the case is being tried. Objections, offers of proof, admitted exhibits, excluded evidence, expert testimony, jury questions, and proposed orders can all matter later.
This is especially important in high-asset divorces, business-owner divorces, and cases involving complicated property or custody issues.
Which Type of Divorce Is Best for High-Net-Worth Clients?
For high-net-worth clients, there is rarely a simple answer.
The right process depends on the assets, the personalities involved, the need for privacy, and the level of conflict.
A high-net-worth divorce may involve:
Businesses
Professional practices
Commercial real estate
Investment accounts
Trusts
Separate property claims
Retirement accounts
Stock options
Executive compensation
Partnership interests
Family limited partnerships
Oil, gas, or mineral interests
Tax issues
Multiple residences
Hidden assets
Reimbursement claims
Fraud on the community claims
Because the financial issues are more complex, the process has to be chosen carefully.
If privacy is the main concern
Mediation, collaborative divorce, negotiated settlement, or private judging may be worth considering.
These options may help keep sensitive details out of open court and reduce unnecessary public exposure.
If your spouse is hiding assets
Litigation may be necessary.
Before meaningful settlement can happen, the legal team may need bank records, business records, tax returns, credit card statements, loan documents, real estate records, payroll information, and expert analysis.
In that type of case, agreeing too early may be a mistake.
If you own a business
Business-owner divorces require careful planning.
The divorce strategy may need to address:
Business valuation
Ownership interests
Cash flow
Retained earnings
Goodwill
Tax consequences
Buy-sell agreements
Shareholder agreements
Partnership agreements
Separate property claims
Community property claims
Reimbursement claims
Executive compensation
Employee confidentiality
Client relationships
Debt obligations
A business owner may prefer mediation or a private judge to reduce disruption. But if the other spouse is making unrealistic claims or refusing to settle, trial may be necessary.
If you are high-profile
High-profile divorce involves more than legal issues.
It may also involve:
Privacy
Reputation
Public filings
Business relationships
Social media exposure
Community standing
Children’s privacy
Media attention
Professional consequences
For these clients, the divorce process matters. A public courtroom battle may not be the best first option. But if settlement is not possible, the case still needs to be prepared for trial.
Choosing the Right Divorce Strategy for Your Case
At The Ashmore Law Firm, we help clients think through the full divorce strategy.
That includes asking:
Can this case be resolved by agreement?
Do we need discovery before settlement discussions?
Is mediation likely to work?
Is collaborative divorce realistic?
Should we prepare for a bench trial?
Should we request a jury trial?
Would a private judge help protect privacy?
Are there appellate issues we need to preserve?
Is the other side being honest about money?
How will this affect the children?
How will this affect the business?
What is the most strategic path forward?
The best divorce strategy is not always the loudest or most aggressive one.
It is the strategy that protects the client’s future.
Sometimes that means settlement. Sometimes that means mediation. Sometimes that means trial. Sometimes that means asking a jury to decide certain issues. Sometimes that means using a private judge. Sometimes that means preparing for appeal.
The right path depends on the case.
Talk to a Dallas Divorce Attorney About Your Options
If you are facing divorce in Dallas, Highland Park, University Park, the Park Cities, Preston Hollow, Plano, Frisco, Southlake, Fort Worth, or the greater DFW area, you may have more options than you realize.
Whether your case involves significant assets, a business, public visibility, contested custody, or a difficult spouse, the process you choose matters.
The Ashmore Law Firm helps clients evaluate their divorce options and choose the strategy that fits their life, their family, and their future.
Contact our office to schedule a confidential consultation.
FAQs About Divorce Processes in Texas
What are the different ways to get divorced in Texas?
The different ways to get divorced in Texas include agreed divorce, mediated divorce, collaborative divorce, bench trial, jury trial, private judge divorce, and appeal after trial.
What is the easiest way to get divorced in Texas?
The easiest way is usually an agreed divorce, where both spouses reach written agreements on property, debts, children, support, and other issues. However, an agreed divorce is only safe when both sides have complete and accurate information.
Is mediation a good option in Texas divorce?
Mediation is often a good option because it allows spouses to negotiate a settlement instead of giving all decisions to a judge or jury. It can be especially helpful in cases involving children, property, businesses, or privacy concerns.
What is the difference between mediation and collaborative divorce?
Mediation usually involves a neutral mediator helping the parties negotiate settlement, often after a divorce case has already been filed. Collaborative divorce is a structured private process where both spouses and their attorneys agree to work toward settlement without contested court litigation.
What is a bench trial in a Texas divorce?
A bench trial is a trial before a judge. The judge hears the evidence and decides the disputed issues.
What is a jury trial in a Texas divorce?
A jury trial allows a jury to decide certain issues in a divorce or custody case. A jury does not decide everything, but it may decide important issues such as some custody questions, fault, property characterization, and property value.
What can a jury decide in a Texas custody case?
A jury may decide certain conservatorship issues, including which parent has the exclusive right to designate the child’s primary residence and certain geographic restriction issues.
What can a jury not decide in a Texas divorce?
A jury generally does not decide child support, the specific possession schedule, most parental rights and duties, spousal maintenance, attorney’s fees, or the final division of the community estate.
What is a private judge divorce?
A private judge divorce usually refers to using a special judge by agreement of the parties. This may provide more privacy, scheduling control, and efficiency in certain family law cases.
Can a Texas divorce be appealed?
Yes, some divorce judgments can be appealed. An appeal is not a new trial. It is a review of whether legal or procedural errors occurred in the trial court.
Sources Cited:
- Texas Family Code Section 6.703, Jury Trial in Suit for Dissolution of Marriage.
- Texas Family Code Section 105.002, Jury Issues in Suits Affecting the Parent-Child Relationship.
- Texas Family Code Section 6.602, Mediation Procedures.
- Texas Family Code Chapter 15, Collaborative Family Law Act.
- Texas Family Code Section 7.006, Agreement Incident to Divorce or Annulment.
- Texas Family Code Chapter 7, Award of Marital Property.
- Texas Civil Practice and Remedies Code Chapter 151, Trial by Special Judge.
