Aubrey Divorce Lawyers

Aubrey sits in northern Denton County along US-377, between Pilot Point and the Cross Roads/Providence Village corridor. If you live in Aubrey, Paloma Creek, Savannah, or the Sandbrock Ranch and Silverado developments, your divorce is filed not in town but at the Denton County Courts Building in downtown Denton, roughly 18 miles south. There is no family court in Aubrey itself. Every contested or agreed divorce involving an Aubrey resident runs through the Denton County District Clerk and one of the county's family district courts.

The sections below explain exactly where Aubrey residents file, what it costs to hire a local divorce lawyer, how long the process takes, and which Texas Family Code sections control property division and custody. Filing details were verified against the Denton County District Clerk in June 2026.

Key facts for filing a divorce in Aubrey, Texas

How do I file for divorce in Aubrey, Texas?

To file for divorce in Aubrey, you e-file an Original Petition for Divorce through the Texas eFile system and pay the $350 filing fee to the Denton County District Clerk. Aubrey has no courthouse, so the case is assigned to a Denton County family district court at 1450 E. McKinney Street. E-filing has been mandatory for attorneys countywide since January 1, 2014.

The practical sequence for an Aubrey filing is straightforward. First, your attorney prepares and e-files the petition; the District Clerk then assigns a cause number and a family court. Next, your spouse is formally served or signs a Waiver of Service to avoid the cost of a process server. Both spouses then negotiate and sign a Final Decree of Divorce. After the 60-day waiting period expires, a judge can sign the decree. Self-represented Aubrey residents may also e-file; the District Clerk publishes a "Divorce Information for Filing Without an Attorney" packet and supplemental pro se instructions for that purpose.

Grounds matter less than many Aubrey residents expect. Texas allows no-fault divorce on the ground of insupportability under Texas Family Code § 6.001, meaning you do not have to prove wrongdoing. Fault grounds such as cruelty or adultery still exist and can influence a disproportionate property split.

Where do I file for divorce in Aubrey? (which courthouse)

Aubrey residents file at the Denton County Courts Building, 1450 E. McKinney Street, Denton, TX 76209, where the District Clerk and family district courts are located on the 3rd floor. The clerk's office operates Monday through Friday, 8:00 a.m. to 5:00 p.m. Because all filings are electronic, you rarely visit the building before a final hearing.

From Aubrey, the drive south on US-377 into Denton takes about 25 to 30 minutes depending on traffic near the University of North Texas. The District Clerk's main line is (940) 349-2200, and record requests can be mailed to P.O. Box 2146, Denton, TX 76202. The clerk does not accept personal checks; cash, money order, and credit cards (Visa, MasterCard, Discover, American Express) are accepted, with a 2.75% surcharge on card payments. If children in the household receive Medicaid or TANF, notice must also go to the Texas Attorney General before the court will finalize the case. This requirement catches some Aubrey filers off guard and delays otherwise agreed cases.

How much does a divorce lawyer cost in Aubrey?

A divorce lawyer in Aubrey typically charges $250 to $400 per hour, with most local family attorneys requesting a retainer of $2,500 to $5,000 to open a case. An uncontested, agreed divorce with full cooperation may resolve for a flat fee or a total of roughly $1,500 to $3,500, while a contested case involving custody or property disputes commonly runs $8,000 to $20,000 or more.

The single largest cost driver is conflict. An agreed divorce where both Aubrey spouses sign a Waiver of Service and a negotiated decree avoids process-server fees, contested hearings, and discovery. A contested divorce adds depositions, expert valuations for businesses or retirement accounts, and multiple court appearances in Denton, each compounding attorney hours. The mandatory $350 District Clerk filing fee is the same regardless of who you hire. Fee waivers (a Statement of Inability to Afford Payment of Court Costs) are available to qualifying low-income filers, though courts sometimes scrutinize them.

Use the divorce cost estimator to model an Aubrey budget before you retain counsel, and the alimony estimator to gauge potential spousal maintenance exposure under Texas Family Code Chapter 8.

How long does a divorce take in Aubrey?

A divorce in Aubrey takes a minimum of 61 days because Texas Family Code § 6.702 bars any court from granting a divorce before the 60th day after the petition is filed. The clock starts on the District Clerk's file-stamp date, not the date your spouse is served, so the earliest a Denton County judge can sign a decree is day 61.

In practice, very few Aubrey divorces finish exactly on day 61. An uncontested case with a signed decree typically wraps up in two to three months. Contested matters involving custody, a family business, or significant Denton County real estate routinely take 8 to 18 months, with discovery and temporary-orders hearings filling the gap. The 60-day waiting period is waived only in narrow family-violence situations: where the respondent has a final conviction or deferred adjudication for family violence against the petitioner, or where the petitioner holds an active protective order. After the decree, two separate 30-day windows apply, the appeal period and the bar on remarrying anyone except your former spouse.

What are the residency requirements to file in Denton County?

To file in Denton County, either you or your spouse must have lived in Texas for the preceding six months and in Denton County for the preceding 90 days, under Texas Family Code § 6.301. Only one spouse needs to satisfy both requirements, so an Aubrey resident can file even if the other spouse lives out of state.

This matters for newcomers to Aubrey, which has grown rapidly with master-planned communities like Sandbrock Ranch and Union Park. If you recently moved to Aubrey from another Texas county, you cannot file in Denton County until you have lived there 90 days, even if you have been a Texas resident for years. Military service members stationed elsewhere keep their Texas residency for purposes of the six-month and 90-day counts under Texas Family Code § 6.303. If your spouse lives outside Texas but you meet the Denton County requirements, the court can still proceed, though jurisdiction over out-of-state property or a nonresident spouse may require additional steps.

How is property divided in an Aubrey divorce?

Texas is a community property state, and Texas Family Code § 7.001 directs the court to divide the marital estate in a manner that is "just and right." That standard is not automatically 50/50. A Denton County judge can order a disproportionate split, giving one spouse more than half for reasons such as fault in the breakup, disparity in earning power, or fraud or waste of community assets.

Only community property, assets acquired during the marriage, is subject to division. Separate property, including assets owned before marriage or received by gift or inheritance, stays with the original owner if properly traced. For Aubrey families, the marital home in developments like Savannah or Paloma Creek, retirement accounts, and any small business are typically the largest disputed assets. Retirement and pension benefits are addressed separately under Texas Family Code § 7.003, often requiring a Qualified Domestic Relations Order. Child custody, called conservatorship in Texas, is governed by Chapter 153, with the best interest of the child as the court's primary consideration under Texas Family Code § 153.002. Joint managing conservatorship does not require equal possession time.

For a deeper look at the local process, see our Denton County divorce overview and the statewide Texas divorce guide.