Can a Defendant’s Criminal History Be Used in a Texas Wrongful Death Case Involving Intoxication?

Yes. When someone kills another person while intoxicated, their criminal history can be powerful evidence in a civil wrongful death lawsuit. A prior DWI conviction, a pattern of reckless behavior, or even the criminal charges from the fatal crash itself can help prove negligence, establish liability, and significantly increase the compensation a jury awards.

In Texas, civil and criminal cases operate on separate tracks with different standards of proof. But they often overlap in meaningful ways. A criminal conviction for intoxication manslaughter doesn’t just send someone to prison. The civil case can help a grieving family hold that person financially accountable for destroying their loved one’s life.

Understanding criminal history in a wrongful death case can be critical to holding negligent individuals and businesses accountable.

How a Criminal Conviction Proves Negligence in Civil Court

To win a wrongful death lawsuit in Texas, you must prove the defendant acted negligently. Negligence means the person failed to act with reasonable care, and that failure caused someone’s death.

When the defendant has already been convicted of a crime related to the death, proving negligence becomes much easier. Texas recognizes a legal doctrine called “negligence per se.” Under this rule, if someone violates a statute designed to protect public safety, and that violation causes harm, the person is automatically considered negligent.

Driving while intoxicated violates Texas Penal Code § 49.04. This law exists specifically to protect the public from impaired drivers. So when a drunk driver kills someone and is convicted of intoxication manslaughter under Texas Penal Code § 49.08, that conviction is one way to establish negligence in the civil case.

Even without a conviction, criminal charges and evidence from the criminal case can be used in civil proceedings. Blood alcohol test results, witness statements, accident reconstruction reports, and police body camera footage all become available to wrongful death attorneys through discovery.

What Is Negligent Entrustment Under Texas Law?

Negligent entrustment is a legal theory that holds people liable when they give a dangerous instrument to someone they know (or should know) is likely to cause harm. In intoxication death cases, this doctrine often expands liability beyond just the drunk driver.

Under Texas law, negligent entrustment requires proving four elements: the owner entrusted the vehicle to someone, that person was an incompetent or reckless driver, the owner knew or should have known about the risk, and the driver’s negligence caused the death.

Criminal history becomes critical here. If an employer lets an employee drive a company vehicle despite knowing that employee has two prior DWI convictions, the employer can be held liable for negligent entrustment. The employee’s criminal record is direct evidence that the employer knew (or should have known) about the risk.

Other parties who may face negligent entrustment claims include car rental companies that rent to people with suspended licenses, parents who let children with DWI histories borrow their vehicles, and friends who hand their keys to someone they know is intoxicated.

Does a More Egregious Case Mean Higher Compensation?

Generally, yes. Texas juries can award significantly higher damages when the defendant’s conduct was especially reckless or reprehensible. This is where criminal history and the circumstances of the crash directly impact the value of a wrongful death case.

Texas Civil Practice and Remedies Code § 41.003 allows juries to award punitive damages (also called exemplary damages) when the defendant acted with gross negligence, malice, or fraud. Punitive damages aren’t meant to compensate the family. They’re meant to punish the defendant and deter similar conduct.

For most civil cases, Texas caps punitive damages at the greater of $200,000 or twice the economic damages plus up to $750,000 in non-economic damages. But here’s what many people don’t realize: Texas Civil Practice and Remedies Code § 41.008(c) removes the cap entirely for cases involving felonies, including intoxication manslaughter.

This means when a drunk driver kills someone and faces felony charges, there is no statutory limit on punitive damages. A jury can award whatever amount they believe is appropriate to punish the defendant and send a message.

Several factors make juries more likely to award substantial punitive damages. Prior DWI convictions show the defendant knew the risks and chose to drive drunk anyway. An extremely high blood alcohol concentration (0.15 or above) demonstrates severe impairment and reckless disregard for others.

Fleeing the scene, tampering with evidence, or showing no remorse also inflames juries. Speed, running red lights, or other aggravating factors compound the perception of recklessness.

A first-time DWI offender with a 0.09 BAC who causes a fatal accident is tragic. But a repeat offender with a 0.22 BAC who was speeding through a school zone? Those facts resonate differently with a jury.

What Juries Consider in Intoxication Death Cases

Juries in wrongful death cases aren’t just calculating damages on a spreadsheet. They’re human beings reacting to human tragedy. The egregiousness of the defendant’s conduct profoundly shapes their response.

When jurors learn that a defendant had prior DWI convictions, several things happen psychologically. They lose sympathy for the “it was just a mistake” defense. They see a pattern of choices, not a single lapse in judgment. They often feel anger that the legal system’s prior interventions didn’t prevent this death. And they frequently want to send a message through their verdict.

Texas juries have returned substantial verdicts in intoxication death cases. While we cannot guarantee any outcome, published verdicts show that cases involving repeat offenders, commercial vehicle drivers, or defendants who fled the scene routinely result in multi-million dollar awards.

Jurors also pay attention to the defendant’s conduct after the crash. Did they try to help the victim? Did they express genuine remorse? Or did they hide, lie, or show indifference? Post-crash behavior doesn’t change what happened, but it shapes how a jury perceives the defendant’s character.

The victim’s story matters too. Juries award damages based partly on who was lost. A young parent with children, a family’s primary breadwinner, a beloved community member. These details humanize the loss and help jurors understand what was taken from the family.

Dram Shop Liability: Holding Bars and Restaurants Accountable

Texas has a “dram shop” law under Texas Alcoholic Beverage Code § 2.02 that allows victims’ families to sue bars, restaurants, and other alcohol providers in certain circumstances.

A dram shop claim requires proving the establishment served alcohol to someone who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” This is a high bar.

Simply serving someone who later turns out to be legally drunk isn’t enough. The intoxication must have been obvious to the server.

Criminal history can support dram shop claims indirectly. If the defendant was a regular at the bar and had previously been visibly intoxicated there, that pattern helps establish the bar knew (or should have known) about the risk. If the defendant was already on probation for DWI and the bar’s staff knew it, that strengthens the case further.

Dram shop claims are valuable because they add a solvent defendant to the case. Individual drunk drivers often have limited insurance and personal assets. Bars and restaurants typically carry significant liability insurance. Pursuing both the driver and the establishment maximizes the family’s potential recovery.

Types of Damages Available in Texas Wrongful Death Cases

Texas wrongful death lawsuits can recover three categories of damages: economic, non-economic, and punitive.

Economic damages compensate for measurable financial losses. These include the deceased person’s lost earning capacity (what they would have earned over their lifetime), medical expenses incurred before death, funeral and burial costs, and the value of services the deceased would have provided to the family.

Non-economic damages address losses that don’t have a price tag but are equally real. Loss of companionship, love, comfort, and emotional support all fall into this category. Mental anguish, pain and suffering (both the victim’s before death and the family’s after), and loss of inheritance rights are also compensable.

Punitive damages, as discussed above, punish especially egregious conduct. In intoxication death cases involving felonies, there is no cap. Juries have wide discretion to award amounts they believe will adequately punish the defendant and deter others.

The Relationship Between Criminal and Civil Cases

Criminal and civil cases arising from the same death proceed independently, but they influence each other in practical ways.

The criminal case typically moves first. Prosecutors charge the defendant, gather evidence, and either negotiate a plea or go to trial. A conviction, especially one that results from a guilty plea, creates powerful evidence for the civil case. The defendant essentially admitted to the conduct that killed the victim.

Even an acquittal in criminal court doesn’t prevent a civil lawsuit. The burden of proof differs. Criminal cases require proof “beyond a reasonable doubt.” Civil cases only require a “preponderance of the evidence,” meaning more likely than not. O.J. Simpson was acquitted of murder but found liable for wrongful death. The same can happen in intoxication cases.

Evidence gathered during the criminal investigation becomes available to wrongful death attorneys. This includes toxicology reports, accident reconstruction analysis, witness statements, surveillance footage, and the defendant’s own statements to police. Criminal defense attorneys often advise their clients not to speak, but statements made before that advice frequently exist and can be devastating in civil court.

What to Do If You Lost a Loved One to a Drunk Driver

If someone you love was killed by an intoxicated driver, you have legal options. Texas law gives surviving family members the right to pursue a wrongful death claim within two years of the death under Texas Civil Practice and Remedies Code § 16.003.

Acting quickly preserves evidence. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence from the crash scene disappears. The sooner you contact an attorney, the better your chances of building the strongest possible case.

You should also stay informed about the criminal case. Attend hearings when possible. Work with the prosecutor’s victim assistance coordinator. The criminal proceedings will generate evidence and potentially a conviction that strengthens your civil claim.

Document everything. Keep records of all expenses related to the death. Save communications. Write down your memories and the impact on your family. This information helps your attorney calculate damages and tell your loved one’s story to a jury.

Frequently Asked Questions about Criminal History in a Wrongful Death Case

Can I sue even if the drunk driver wasn’t convicted?

Yes. Civil and criminal cases have different standards of proof. You can pursue a wrongful death lawsuit regardless of whether criminal charges were filed, dismissed, or resulted in acquittal. The evidence from the criminal investigation remains available for your civil case.

How long do I have to file a wrongful death lawsuit in Texas?

Texas has a two-year statute of limitations for wrongful death claims. The clock typically starts on the date of death. Missing this deadline usually means losing your right to sue, so consulting an attorney promptly is essential.

Who can file a wrongful death lawsuit in Texas?

Texas law limits who can file wrongful death claims to the surviving spouse, children, and parents of the deceased. If these family members don’t file within three months, the deceased’s estate representative can file on their behalf unless the family members object.

Will the defendant’s insurance cover a wrongful death judgment?

It depends on their coverage. Texas only requires drivers to carry $30,000 in liability coverage per person. Many drunk drivers have minimal insurance. This is why identifying additional defendants (employers, bars, vehicle owners) becomes important. An experienced attorney will investigate all potential sources of recovery.

What if the drunk driver dies in the crash too?

You can still pursue a wrongful death claim against the deceased driver’s estate. Their insurance policies and personal assets may be available to compensate your family.

Get Help From Texas Wrongful Death Attorneys

Losing someone to a drunk driver is devastating. The criminal justice system may or may not deliver the accountability you’re seeking. A civil wrongful death lawsuit gives you another path to justice, one where you control the process and where financial consequences can be significant.

At Varghese Summersett, we’ve seen how criminal history transforms these cases. A defendant’s prior DWIs, their conduct at the scene, their blood alcohol level. These factors don’t just affect the criminal charges. They dramatically impact what a civil jury will award.

If you’ve lost a family member to an intoxicated driver in Texas, we want to help you understand your options. Contact Varghese Summersett today at (817) 203-2220 for a free consultation. We’ll review your case, explain what compensation may be available, and help you decide the best path forward.

Can a Defendant’s Criminal History Be Used in a Texas Wrongful Death Case?

Yes. When someone kills another person while intoxicated, their criminal history can be powerful evidence in a civil wrongful death lawsuit. A prior DWI conviction, a pattern of reckless behavior, or even the criminal charges from the fatal crash itself can help prove negligence, establish liability, and significantly increase the compensation a jury awards.

In Texas, civil and criminal cases operate on separate tracks with different standards of proof. But they often overlap in meaningful ways. A criminal conviction for intoxication manslaughter doesn’t just send someone to prison. The civil case can help a grieving family hold that person financially accountable for destroying their loved one’s life.

Understanding criminal history in a wrongful death case can be critical to holding negligent individuals and businesses accountable.

How a Criminal Conviction Proves Negligence in Civil Court

To win a wrongful death lawsuit in Texas, you must prove the defendant acted negligently. Negligence means the person failed to act with reasonable care, and that failure caused someone’s death.
When the defendant has already been convicted of a crime related to the death, proving negligence becomes much easier. Texas recognizes a legal doctrine called “negligence per se.” Under this rule, if someone violates a statute designed to protect public safety, and that violation causes harm, the person is automatically considered negligent.

Driving while intoxicated violates Texas Penal Code § 49.04. This law exists specifically to protect the public from impaired drivers. So when a drunk driver kills someone and is convicted of intoxication manslaughter under Texas Penal Code § 49.08, that conviction is on way to establish negligence in the civil case.

Even without a conviction, criminal charges and evidence from the criminal case can be used in civil proceedings. Blood alcohol test results, witness statements, accident reconstruction reports, and police body camera footage all become available to wrongful death attorneys through discovery.

What Is Negligent Entrustment Under Texas Law?

Negligent entrustment is a legal theory that holds people liable when they give a dangerous instrument to someone they know (or should know) is likely to cause harm. In intoxication death cases, this doctrine often expands liability beyond just the drunk driver.

Under Texas law, negligent entrustment requires proving four elements: the owner entrusted the vehicle to someone, that person was an incompetent or reckless driver, the owner knew or should have known about the risk, and the driver’s negligence caused the death.

Criminal history becomes critical here. If an employer lets an employee drive a company vehicle despite knowing that employee has two prior DWI convictions, the employer can be held liable for negligent entrustment. The employee’s criminal record is direct evidence that the employer knew (or should have known) about the risk.

Other parties who may face negligent entrustment claims include car rental companies that rent to people with suspended licenses, parents who let children with DWI histories borrow their vehicles, and friends who hand their keys to someone they know is intoxicated.

Does a More Egregious Case Mean Higher Compensation?

Generally, yes. Texas juries can award significantly higher damages when the defendant’s conduct was especially reckless or reprehensible. This is where criminal history and the circumstances of the crash directly impact the value of a wrongful death case.

Texas Civil Practice and Remedies Code § 41.003 allows juries to award punitive damages (also called exemplary damages) when the defendant acted with gross negligence, malice, or fraud. Punitive damages aren’t meant to compensate the family. They’re meant to punish the defendant and deter similar conduct.

For most civil cases, Texas caps punitive damages at the greater of $200,000 or twice the economic damages plus up to $750,000 in non-economic damages. But here’s what many people don’t realize: Texas Civil Practice and Remedies Code § 41.008(c) removes the cap entirely for cases involving felonies, including intoxication manslaughter.

This means when a drunk driver kills someone and faces felony charges, there is no statutory limit on punitive damages. A jury can award whatever amount they believe is appropriate to punish the defendant and send a message.

Several factors make juries more likely to award substantial punitive damages. Prior DWI convictions show the defendant knew the risks and chose to drive drunk anyway. An extremely high blood alcohol concentration (0.15 or above) demonstrates severe impairment and reckless disregard for others.

Fleeing the scene, tampering with evidence, or showing no remorse also inflames juries. Speed, running red lights, or other aggravating factors compound the perception of recklessness.

A first-time DWI offender with a 0.09 BAC who causes a fatal accident is tragic. But a repeat offender with a 0.22 BAC who was speeding through a school zone? Those facts resonate differently with a jury.

What Juries Consider in Intoxication Death Cases

Juries in wrongful death cases aren’t just calculating damages on a spreadsheet. They’re human beings reacting to human tragedy. The egregiousness of the defendant’s conduct profoundly shapes their response.

When jurors learn that a defendant had prior DWI convictions, several things happen psychologically. They lose sympathy for the “it was just a mistake” defense. They see a pattern of choices, not a single lapse in judgment. They often feel anger that the legal system’s prior interventions didn’t prevent this death. And they frequently want to send a message through their verdict.

Texas juries have returned substantial verdicts in intoxication death cases. While we cannot guarantee any outcome, published verdicts show that cases involving repeat offenders, commercial vehicle drivers, or defendants who fled the scene routinely result in multi-million dollar awards.

Jurors also pay attention to the defendant’s conduct after the crash. Did they try to help the victim? Did they express genuine remorse? Or did they hide, lie, or show indifference? Post-crash behavior doesn’t change what happened, but it shapes how a jury perceives the defendant’s character.

The victim’s story matters too. Juries award damages based partly on who was lost. A young parent with children, a family’s primary breadwinner, a beloved community member. These details humanize the loss and help jurors understand what was taken from the family.

Dram Shop Liability: Holding Bars and Restaurants Accountable

Texas has a “dram shop” law under Texas Alcoholic Beverage Code § 2.02 that allows victims’ families to sue bars, restaurants, and other alcohol providers in certain circumstances.

A dram shop claim requires proving the establishment served alcohol to someone who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” This is a high bar.

Simply serving someone who later turns out to be legally drunk isn’t enough. The intoxication must have been obvious to the server.

Criminal history can support dram shop claims indirectly. If the defendant was a regular at the bar and had previously been visibly intoxicated there, that pattern helps establish the bar knew (or should have known) about the risk. If the defendant was already on probation for DWI and the bar’s staff knew it, that strengthens the case further.

Dram shop claims are valuable because they add a solvent defendant to the case. Individual drunk drivers often have limited insurance and personal assets. Bars and restaurants typically carry significant liability insurance. Pursuing both the driver and the establishment maximizes the family’s potential recovery.

Types of Damages Available in Texas Wrongful Death Cases

Texas wrongful death lawsuits can recover three categories of damages: economic, non-economic, and punitive.

Economic damages compensate for measurable financial losses. These include the deceased person’s lost earning capacity (what they would have earned over their lifetime), medical expenses incurred before death, funeral and burial costs, and the value of services the deceased would have provided to the family.

Non-economic damages address losses that don’t have a price tag but are equally real. Loss of companionship, love, comfort, and emotional support all fall into this category. Mental anguish, pain and suffering (both the victim’s before death and the family’s after), and loss of inheritance rights are also compensable.

Punitive damages, as discussed above, punish especially egregious conduct. In intoxication death cases involving felonies, there is no cap. Juries have wide discretion to award amounts they believe will adequately punish the defendant and deter others.

The Relationship Between Criminal and Civil Cases

Criminal and civil cases arising from the same death proceed independently, but they influence each other in practical ways.

The criminal case typically moves first. Prosecutors charge the defendant, gather evidence, and either negotiate a plea or go to trial. A conviction, especially one that results from a guilty plea, creates powerful evidence for the civil case. The defendant essentially admitted to the conduct that killed the victim.

Even an acquittal in criminal court doesn’t prevent a civil lawsuit. The burden of proof differs. Criminal cases require proof “beyond a reasonable doubt.” Civil cases only require a “preponderance of the evidence,” meaning more likely than not. O.J. Simpson was acquitted of murder but found liable for wrongful death. The same can happen in intoxication cases.

Evidence gathered during the criminal investigation becomes available to wrongful death attorneys. This includes toxicology reports, accident reconstruction analysis, witness statements, surveillance footage, and the defendant’s own statements to police. Criminal defense attorneys often advise their clients not to speak, but statements made before that advice frequently exist and can be devastating in civil court.

What to Do If You Lost a Loved One to a Drunk Driver

If someone you love was killed by an intoxicated driver, you have legal options. Texas law gives surviving family members the right to pursue a wrongful death claim within two years of the death under Texas Civil Practice and Remedies Code § 16.003.

Acting quickly preserves evidence. Surveillance footage gets deleted. Witnesses’ memories fade. Physical evidence from the crash scene disappears. The sooner you contact an attorney, the better your chances of building the strongest possible case.

You should also stay informed about the criminal case. Attend hearings when possible. Work with the prosecutor’s victim assistance coordinator. The criminal proceedings will generate evidence and potentially a conviction that strengthens your civil claim.

Document everything. Keep records of all expenses related to the death. Save communications. Write down your memories and the impact on your family. This information helps your attorney calculate damages and tell your loved one’s story to a jury.

Frequently Asked Questions

Can I sue even if the drunk driver wasn’t convicted?

Yes. Civil and criminal cases have different standards of proof. You can pursue a wrongful death lawsuit regardless of whether criminal charges were filed, dismissed, or resulted in acquittal. The evidence from the criminal investigation remains available for your civil case.

How long do I have to file a wrongful death lawsuit in Texas?

Texas has a two-year statute of limitations for wrongful death claims. The clock typically starts on the date of death. Missing this deadline usually means losing your right to sue, so consulting an attorney promptly is essential.

Who can file a wrongful death lawsuit in Texas?

Texas law limits who can file wrongful death claims to the surviving spouse, children, and parents of the deceased. If these family members don’t file within three months, the deceased’s estate representative can file on their behalf unless the family members object.

Will the defendant’s insurance cover a wrongful death judgment?

It depends on their coverage. Texas only requires drivers to carry $30,000 in liability coverage per person. Many drunk drivers have minimal insurance. This is why identifying additional defendants (employers, bars, vehicle owners) becomes important. An experienced attorney will investigate all potential sources of recovery.

What if the drunk driver dies in the crash too?

You can still pursue a wrongful death claim against the deceased driver’s estate. Their insurance policies and personal assets may be available to compensate your family.

Get Help From Texas Attorneys Who Understand Both Sides

Losing someone to a drunk driver is devastating. The criminal justice system may or may not deliver the accountability you’re seeking. A civil wrongful death lawsuit gives you another path to justice, one where you control the process and where financial consequences can be significant.

At Varghese Summersett, we’ve seen how criminal history transforms these cases. A defendant’s prior DWIs, their conduct at the scene, their blood alcohol level. These factors don’t just affect the criminal charges. They dramatically impact what a civil jury will award.

If you’ve lost a family member to an intoxicated driver in Texas, we want to help you understand your options. Contact Varghese Summersett today at (817) 203-2220 for a free consultation. We’ll review your case, explain what compensation may be available, and help you decide the best path forward.

How to Get a Divorce in Texas: A Step-by-Step Guide

To get a divorce in Texas, you must meet residency requirements, file an Original Petition for Divorce with your local district court, serve your spouse with legal notice, and wait at least 60 days before a judge can finalize the divorce. Texas allows no-fault divorces based on “insupportability,” meaning you don’t need to prove your spouse did anything wrong to end the marriage.

While the basic framework sounds straightforward on paper, the reality involves navigating a maze of procedural requirements, strategic decisions, and potential pitfalls that can have lasting consequences for your finances, your relationship with your children, and your future stability. Whether your divorce is amicable or contested, every choice you make — from how you file to what you ask for — can dramatically affect the outcome. This guide walks you through everything you need to know about getting a divorce in Texas, from the initial filing to the final decree.

Texas Divorce Residency Requirements

Before you can file for divorce in Texas, you must satisfy specific residency requirements under Texas Family Code § 6.301. At least one spouse must have lived in Texas for a continuous period of six months immediately before filing. Additionally, at least one spouse must have been a resident of the county where the divorce will be filed for at least 90 days prior to filing.

These requirements exist to establish that Texas courts have proper jurisdiction over your case—and jurisdiction matters more than most people realize. Filing in the wrong county can result in your case being dismissed, costing you time, money, and the strategic advantage of timing. If you recently moved to Texas or relocated between counties, calculating your exact residency dates becomes critical. Courts won’t overlook procedural defects, and opposing counsel won’t hesitate to exploit them.

Military families have some flexibility here. Under Texas Family Code § 6.303, service members stationed outside Texas, and their accompanying spouses, can count their time away as residency in Texas for divorce purposes. However, the Servicemembers Civil Relief Act adds additional layers of protection and complexity that can affect timelines and procedures in ways that catch civilians off guard.

Grounds for Divorce in Texas

Texas recognizes seven legal grounds for divorce, divided into no-fault and fault-based categories. The ground you choose isn’t merely a formality—it’s a strategic decision that can affect property division, spousal support, custody arrangements, and even how the other side approaches negotiations. Choosing wrong can weaken your position; choosing wisely can provide leverage you didn’t know you had.

No-Fault Grounds

Insupportability is by far the most common ground for divorce in Texas. Under Texas Family Code § 6.001, a court may grant a divorce if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. In plain terms, you’re saying the marriage is broken beyond repair. Neither spouse needs to prove the other did anything wrong—but that doesn’t mean fault becomes irrelevant when dividing property or determining custody.

Living Apart provides another no-fault option under Texas Family Code § 6.006. If you and your spouse have lived apart without cohabitation for at least three continuous years, either spouse can file for divorce on this ground. Proving “without cohabitation” can be more complicated than it sounds—occasional overnight stays, shared meals, or other contact can disrupt the three-year clock and require starting over.

Confinement in a Mental Hospital applies when one spouse has been confined in a state or private mental hospital for at least three years and recovery appears unlikely. This ground requires substantial documentation and medical testimony, and it intersects with disability rights considerations that add legal complexity.

Fault-Based Grounds

Fault-based divorces require you to prove your spouse engaged in misconduct that caused the marriage to fail. While more difficult to prove, establishing fault can result in a larger share of marital property, affect custody decisions, or influence spousal support—making the additional effort worthwhile in the right circumstances. But pursuing fault allegations without sufficient evidence can backfire, damaging your credibility with the judge and making settlement more difficult.

Cruelty under Texas Family Code § 6.002 applies when one spouse’s cruel treatment makes living together insupportable. This can include physical abuse, emotional abuse, or patterns of behavior that make the marriage unbearable. Documenting cruelty requires more than your word—medical records, witness testimony, photographs, police reports, and other evidence become essential to proving your case.

Adultery is grounds for divorce under Texas Family Code § 6.003 when one spouse has sexual relations outside the marriage. Proving adultery typically requires circumstantial evidence showing opportunity and inclination—and the way you gather that evidence matters. Evidence obtained improperly can be excluded and may expose you to liability.

Felony Conviction applies under Texas Family Code § 6.004 when your spouse has been convicted of a felony, imprisoned for at least one year, and has not been pardoned. However, this ground doesn’t apply if the conviction was based primarily on your testimony—a nuance that can catch people by surprise.

Abandonment under Texas Family Code § 6.005 requires showing your spouse left with the intent to abandon and remained away for at least one year. Proving “intent to abandon” versus a legitimate separation can require careful legal analysis of the circumstances.

Want to learn more about your options? Read our comprehensive guide on no-fault divorce in Texas.

The Texas Divorce Process: Step by Step

Step 1: File the Original Petition for Divorce

The divorce process officially begins when you file an Original Petition for Divorce with the district clerk in the county where you or your spouse resides. This document identifies both parties, states the grounds for divorce, and outlines what you’re asking the court to decide—including property division, child custody, and support.

What many people don’t realize is that the petition sets the initial framework for the entire case. The requests you make—or fail to make—in this document can limit your options later. Asking for too little leaves money on the table. Asking for the wrong things signals inexperience to opposing counsel. Strategic decisions made at this stage ripple through the entire proceeding.

Filing fees vary by county but typically range from $250 to $400. Dallas County charges $350 for a divorce without children and $401 for divorces involving children. If you cannot afford the filing fee, you can request a fee waiver by filing a Statement of Inability to Afford Payment of Court Costs—but the waiver process itself has requirements that must be followed precisely.

Step 2: Serve Your Spouse

After filing, your spouse must receive formal legal notice of the divorce. Proper service is a constitutional requirement — without it, any judgment entered can later be set aside. This can happen several ways: a constable or sheriff can personally deliver the documents (typically costing $75 to $125), or a private process server can handle delivery. If your spouse agrees to the divorce, they can sign a Waiver of Service, eliminating the need for formal delivery.

Service problems are more common than you’d expect. Spouses avoid process servers. Addresses are wrong. Waivers aren’t signed correctly. Each defect creates delays and potential grounds for challenging the divorce later. When a spouse lives in another state or country, international service rules add another layer of complexity.

Once served, your spouse has until the first Monday after 20 days have passed to file a response. If they don’t respond, you may be able to proceed with a default judgment—but default judgments have their own procedural requirements and limitations that aren’t always obvious.

Step 3: The 60-Day Waiting Period

Texas Family Code § 6.702 mandates a 60-day waiting period between when the petition is filed and when the divorce can be finalized. This cooling-off period begins the day you file, not when your spouse is served. The earliest a judge can sign your final decree is the 61st day after filing.

The waiting period applies to all divorces with very limited exceptions. If your spouse has been convicted of a family violence offense or you have an active protective order against them due to violence during the marriage, a judge may waive the waiting period. Securing this waiver requires proper documentation and court approval—it doesn’t happen automatically.

Use this time productively. What happens during these 60 days often determines the outcome. Gather financial documents before your spouse can hide or destroy them. Document the status quo for custody purposes. Understand your assets and debts. Work with your attorney to anticipate what’s coming and prepare accordingly.

Step 4: Temporary Orders (If Needed)

If you need immediate decisions about child custody, child support, use of the family home, or bill payments while the divorce is pending, you can request temporary orders. These orders remain in effect until the final divorce decree is signed—and here’s what catches many people off guard: temporary orders often become the template for permanent arrangements.

Judges look at what’s working. If you’ve been the primary caretaker under temporary orders, you have a stronger argument for primary custody in the final decree. If you’ve been paying a certain level of support, that number tends to stick. Temporary orders hearings are often your first—and sometimes only—opportunity to present your case to the judge before trial. Treating them casually is a mistake that’s difficult to undo. Learn more about family court hearings in Texas and what to expect.

Step 5: Discovery

In contested divorces, both parties exchange information and documents through a formal process called discovery. This includes financial records, property documents, tax returns, business valuations, and other evidence relevant to dividing assets and determining support.

Discovery is where hidden assets are found — or remain hidden. It’s where you learn whether your spouse has been honest about income, debts, and spending. It’s where patterns of behavior emerge that affect custody evaluations. Knowing what to ask for, how to ask for it, and how to interpret what you receive requires understanding both the legal rules and the financial realities of divorce. Incomplete discovery leaves you negotiating blind. Texas has specific divorce discovery rules that govern this process.

Step 6: Negotiation and Mediation

Most Texas divorces settle before trial — but “settling” doesn’t mean accepting whatever is offered. Spouses and their attorneys negotiate the terms of property division, custody arrangements, and support. Many courts require mediation before allowing a case to proceed to trial. Mediation involves a neutral third party who helps facilitate agreement between the spouses.

Effective negotiation requires knowing your case’s strengths and weaknesses, understanding what a judge would likely order at trial, and recognizing when a settlement offer represents a good outcome versus when you’re being asked to give away too much. Mediators facilitate communication — they don’t tell you whether a deal is fair. That judgment requires someone who knows the law, knows the local courts, and knows your specific situation.

Step 7: Finalization

If you reach an agreement, your attorneys will draft a Final Decree of Divorce containing all the terms. Both parties sign the agreement, and a judge reviews and signs the decree during a brief hearing called a “prove-up.” If you cannot reach an agreement, your case goes to trial, where a judge (or jury in some cases) decides all contested issues.

The final decree is a legal document that will govern your life for years—sometimes decades—to come. It determines who pays what, who lives where, and when you see your children. Ambiguous language creates future disputes. Missing provisions leave important issues unresolved. Errors in property descriptions or account numbers can complicate enforcement. The document needs to be right.

Property Division in a Texas Divorce

Texas is a community property state, which means the court presumes all property acquired during the marriage belongs equally to both spouses, regardless of whose name is on the title. However, this doesn’t mean everything gets split 50/50. Instead, Texas Family Code § 7.001 requires courts to divide community property in a manner that is “just and right.”

What constitutes “just and right” depends on dozens of factors — and judges have significant discretion. Two judges looking at the same facts might reach different conclusions. Knowing how local judges tend to rule, what arguments resonate in your county, and how to present your case persuasively can mean the difference between an outcome you can live with and one that hurts for years.

Community Property vs. Separate Property

Community property includes virtually everything acquired during the marriage: income, real estate purchased during the marriage, retirement contributions made during the marriage, vehicles, and personal property. It doesn’t matter who earned the income or whose name is on the account.

Separate property belongs solely to one spouse and is not subject to division. This includes property owned before marriage, gifts received during the marriage, inheritance received during the marriage, and certain personal injury settlements. If you claim something is separate property, you must prove it by clear and convincing evidence — a higher standard than many people expect.

The complications arise when separate and community property become mixed — which happens constantly during long marriages. If you owned a house before marriage but made mortgage payments with marital income during the marriage, the community estate may be entitled to reimbursement. If you inherited money but deposited it in a joint account, tracing becomes necessary to prove what’s yours. Investment accounts, businesses started before marriage but grown during, stock options earned over multi-year periods—each creates classification challenges that require careful financial and legal analysis. For detailed information, visit our page on property division in divorce.

Factors Affecting Property Division

Judges consider multiple factors when determining a “just and right” division: each spouse’s earning capacity and financial resources, fault in breaking up the marriage (if applicable), who has primary custody of children, the health and age of each spouse, any waste or dissipation of community assets by either spouse, and the nature of the property itself.

In cases involving adultery, for example, a court may award the innocent spouse a larger share of the community estate — particularly if marital funds were spent on the affair. But proving how much was spent, and connecting it to the affair rather than legitimate expenses, requires documentation and analysis that casual observers wouldn’t think to pursue. The spouse who does the homework gets better results.

Child Custody in Texas Divorces

Texas uses the term “conservatorship” rather than custody. The court’s primary consideration in all custody decisions is the best interest of the child—a standard that sounds clear but involves weighing numerous subjective factors. Texas Family Code Chapter 153 establishes the framework for how parental rights and duties are divided.

Joint Managing Conservatorship

Texas law presumes that naming both parents as Joint Managing Conservators (JMC) is in the child’s best interest. This doesn’t mean equal time with each parent—a common misconception that leads to disappointment. Instead, it means both parents share decision-making authority on major issues affecting the child, such as education, healthcare, and religious upbringing.

Even in a joint managing conservatorship, one parent typically has the exclusive right to determine the child’s primary residence, usually within a specified geographic area such as a county or school district. This parent is sometimes called the “custodial parent,” and the child primarily lives with them. Who gets this right—and how the geographic restriction is defined—often becomes the most contested issue in the divorce. The parent who isn’t paying attention to these details can find themselves with far less time than they expected.

Sole Managing Conservatorship

When there’s evidence of family violence, abuse, neglect, or other factors that would make joint conservatorship harmful to the child, a court may name one parent as Sole Managing Conservator. The other parent becomes a Possessory Conservator with limited rights and possibly supervised visitation.

If your situation involves allegations of abuse or neglect—whether you’re the accuser or the accused—the stakes become dramatically higher. These cases require careful evidence gathering, potentially expert witnesses, and understanding of how family courts evaluate these sensitive situations. False allegations can backfire. True allegations require proper documentation to be believed.

Standard Possession Order

Texas has a Standard Possession Order (SPO) that applies when parents cannot agree on a visitation schedule. Under the standard schedule, the non-custodial parent typically has the child on the first, third, and fifth weekends of each month, Thursday evenings, alternating holidays, and extended summer possession.

Parents can agree to different arrangements, including 50/50 schedules, but any parenting plan must be approved by the court. What works on paper doesn’t always work in practice. Work schedules, travel requirements, children’s activities, geographic distance between homes—all of these factors affect whether a custody arrangement is realistic. Agreeing to something unworkable creates future conflicts and potential returns to court.

How Long Does a Texas Divorce Take?

The minimum time for any divorce in Texas is 61 days due to the mandatory waiting period. In reality, most divorces take considerably longer—and predicting timelines requires understanding what makes divorces slow down.

Uncontested divorces where both spouses agree on all issues can often be finalized within 60 to 90 days after filing. These cases require minimal court involvement and are the least expensive option. But “uncontested” requires genuine agreement on everything—custody schedules, property division, support, debts, retirement accounts, the house, the cars, everything. One disputed issue transforms an uncontested case into a contested one.

Contested divorces involving disputes over property, custody, or support typically take six months to a year or longer. Cases requiring extensive discovery, expert witnesses, or trial preparation can extend well beyond a year. Complex cases involving businesses, significant assets, or high-conflict custody disputes sometimes take two years or more to resolve. During this time, you’re living in limbo—unable to fully move on, tied to court schedules and opposing counsel’s tactics.

How Much Does a Divorce Cost in Texas?

Divorce costs vary dramatically depending on whether your case is contested and how complex your assets and custody issues are. The range is enormous—and the difference usually comes down to whether issues resolve through negotiation or require court intervention.

Uncontested divorces with no children and minimal property can cost as little as $1,500 to $5,000 including attorney fees, filing fees, and other expenses.

Average contested divorces in Texas cost between $15,000 and $30,000 for couples with children. Cases involving significant property disputes, business valuations, or custody battles can easily exceed $50,000 per spouse—and that’s not the high end.

Filing fees range from $250 to $400 depending on the county and whether children are involved. Service of process costs $50 to $125 for constable service.

Attorney fees in Texas average $250 to $500 per hour depending on the attorney’s experience and location. Major metropolitan areas like Dallas, Fort Worth, and Houston tend to have higher rates. But hourly rate alone doesn’t determine cost—an experienced attorney who resolves issues efficiently often costs less than a cheaper attorney who lets cases drag on.

Additional costs may include mediation fees ($150 to $500 per hour), custody evaluations ($2,500 to $5,000), business valuations, forensic accountants to trace assets or uncover hidden income, and expert witnesses. These costs add up quickly in disputed cases—but skipping necessary experts to save money often costs more in the final outcome.

Common Questions about How to Get a Divorce in Texas

Can I get a legal separation in Texas?

No. Texas does not recognize legal separation. You are either married or divorced. However, you can enter into a separation agreement that addresses custody, support, and property issues while you remain legally married—but drafting these agreements requires careful attention to enforceability and future implications.

Do I need a divorce for a common law marriage?

Yes. If you have a valid common law (informal) marriage in Texas, you need a formal divorce to end it. The process is the same as for couples with a marriage license—but first you may need to prove the marriage existed, which adds another layer of complexity. Read more about divorce for common law marriage in Texas.

How long do I have to wait to remarry after divorce?

Texas law requires you to wait 31 days after your divorce is finalized before remarrying someone new. However, you can remarry your former spouse immediately. Courts may waive the 31-day requirement for good cause—but “good cause” requires demonstrating genuine need, not mere convenience.

Can I date while my divorce is pending?

Technically, you’re still married until the divorce is final, which means a new romantic relationship could be considered adultery. Even in a no-fault divorce, dating during the proceedings can complicate negotiations and may affect custody or property division if your spouse raises it as an issue. What feels like moving on with your life can become a strategic weapon for the other side.

What if my spouse won’t agree to the divorce?

In Texas, you cannot be forced to stay married. Even if your spouse refuses to sign divorce papers or participate in the process, you can still obtain a divorce. After proper service, if your spouse fails to respond, you can request a default judgment. The divorce will proceed based on what you’ve requested in your petition—which makes what you ask for in that initial filing even more important.

Get Help from an Experienced Texas Divorce Attorney

Divorce affects every aspect of your life — from your finances to your relationship with your children to your ability to rebuild and move forward. The decisions made during this process, and the documents signed at the end of it, will govern your life for years to come.

While some couples successfully handle simple, truly uncontested divorces on their own, the reality is that most divorces involve complications that aren’t obvious until you’re in the middle of them. Hidden issues surface. Emotions cloud judgment. The other side has their own interests to protect. What seemed straightforward becomes adversarial. What seemed fair turns out to leave you disadvantaged.

The family law attorneys at Varghese Summersett have helped hundreds of families in Fort Worth, Dallas, Southlake and across North Texas work through some of the most difficult moments of their lives. We understand that every divorce is different. Some require aggressive advocacy in the courtroom. Others benefit from creative problem-solving at the negotiation table. Many require both at different stages.

Our team will listen to your situation, explain your options honestly, and develop a strategy designed to protect your interests and your children. We’re experienced trial attorneys, which means the other side knows we’re prepared to go to court if necessary. That leverage often helps us achieve better results in negotiations — because when opposing counsel knows you’ll fight if you have to, they’re more likely to offer reasonable settlements.

If you’re considering divorce or have already been served with papers, contact Varghese Summersett Family Law Group at (817) 203-2220 for a consultation. The sooner you understand your rights and options, the better positioned you’ll be to protect your future.

Which Courts Handle Divorce Cases in Denton County?

Denton County divorces are heard in eight district courts, all located in the Denton County Courts Building at 1450 E. McKinney Street in Denton, Texas. The 362nd, 367th, 393rd, 431st, 442nd, 462nd, 467th, and 481st District Courts all regularly preside over divorce cases, custody disputes, modifications, and enforcement actions. While the 393rd District Court is statutorily required to give preference to family law matters, any of these courts may be assigned your case.

Understanding which judge will hear your divorce and how that court operates can significantly impact your experience. Each Denton County divorce court follows county-wide standing orders, but the judges bring different backgrounds, courtroom styles, and scheduling practices that experienced family law attorneys know to anticipate.

How Divorce Cases Are Assigned in Denton County

When you file for divorce in Denton County, your case is randomly assigned to one of the district courts with family law jurisdiction. You do not get to choose your judge. The assignment happens at the District Clerk’s office, and once made, your case will typically stay with that court unless transferred for administrative reasons.

A standing order automatically takes effect the moment your divorce or suit affecting the parent-child relationship (SAPCR) is filed. This standing order governs conduct regarding children and property, prohibiting actions like hiding assets, disparaging the other parent in front of children, or removing kids from the jurisdiction without court approval. Violating these orders can result in contempt findings and damage your credibility with the judge.

Several Denton County divorce courts also use standardized family law scheduling orders and discovery control plans. These documents set firm deadlines for financial disclosures, inventory and appraisement filings, expert designations, and trial preparation. Missing these deadlines can result in sanctions or exclusion of evidence, so treating them seriously from day one matters.

Denton County Courts Building: Location, Parking, and What to Expect

All eight district courts hearing Denton County divorces sit in the same building:

Denton County Courts Building
1450 E. McKinney Street
Denton, Texas 76209

The building operates Monday through Friday, 8:00 a.m. to 5:00 p.m., though individual courts may schedule dockets earlier or later. Security screening occurs at the ground floor entrance. Leave phones, keys, and metal objects ready to place in bins to move through efficiently.

Free surface parking surrounds the Courts Building, with additional county lots nearby. Accessible parking spaces are located close to the main entrances. For overflow situations, free public lots and time-limited street parking exist within walking distance of the courthouse and downtown Denton square.

Plan to arrive 20 to 30 minutes before your scheduled hearing. This buffer accounts for parking, security, locating the correct courtroom, and checking in with the bailiff or your attorney. The District Clerk’s office on the lower floors handles filings and copies if you need last-minute documents. Electronic boards and posted dockets list each day’s courtroom assignments.

Denton County Divorce Judges

Knowing your judge’s background and preferences helps you and your attorney prepare effectively. Here is what experienced Denton County family law practitioners know about each bench.

362nd District Court: Judge Bruce McFarling

Judge Bruce McFarling presides over a general jurisdiction court handling felonies, civil disputes, and family law cases including divorces and custody matters. His years on the Denton County bench have given him deep familiarity with local practice.

Because his docket includes serious criminal trials and complex civil matters alongside family cases, Judge McFarling values concise, well-organized presentations that respect the court’s limited time. Show up punctual, prepared, and professional, and your case will move more smoothly.

The 362nd District Court is located on the 3rd floor of the Courts Building. The court coordinator can be reached at approximately 940-349-2340.

367th District Court: Judge Brent Hill

Judge Brent Hill leads the 367th District Court, which handles civil, criminal, and family matters including contested and uncontested divorces. The court publishes detailed practice tips reflecting a structured, procedure-oriented approach to docket management.

Judge Hill typically conducts docket call on Fridays at 8:30 a.m. before trial weeks. For uncontested divorces where paperwork and affidavits are complete, he may allow prove-ups by submission rather than requiring in-person appearances. However, he enforces scheduling orders strictly and expects attorneys to comply with deadlines and be ready to try cases when called.

The 367th District Court sits on the 3rd floor. Contact the court at 940-349-2350.

393rd District Court: Judge Karen Alexander

Judge Karen Alexander serves on the 393rd District Court, which by Texas statute must give preference to family law cases. This makes her court one of the primary venues for Denton County divorces and custody disputes.

Her court uses a detailed Family Law Scheduling Order and Discovery Control Plan, signaling strong emphasis on organization and early trial preparation. Judge Alexander’s substantial family law background before taking the bench, including extensive divorce and custody litigation experience, translates into close scrutiny of parenting plans, financial disclosures, and compliance with the Texas Family Code during contested trials.

The 393rd District Court is on the 4th floor. Reach the court at approximately 940-349-2360.

431st District Court: Judge Jim Johnson

Judge Jim Johnson presides over criminal, civil, and family law matters in the 431st District Court, including divorces and CPS-related cases. In public statements, he has emphasized broad trial experience and a judicial philosophy focused on following the law and protecting constitutional rights.

Judge Johnson has spoken about patience, courtesy, decisiveness, and integrity as core judicial traits. For family law litigants, this typically means a firm but respectful courtroom environment where parties can expect to be heard if they follow the rules and maintain decorum.

The 431st District Court is located on the 2nd floor. The main phone number is approximately 940-349-4370.

442nd District Court: Judge Tiffany Haertling

Judge Tiffany Haertling leads the 442nd District Court, which maintains a significant divorce and family law docket alongside other civil cases. Like the 393rd, this court uses a formal family law scheduling order and discovery control plan.

Historically, the 442nd has handled a large volume of family law matters including divorces, modifications, and SAPCRs. Attorneys should expect active case management, enforcement of scheduling deadlines, and clear expectations about preparation requirements.

The 442nd District Court sits on the 2nd floor. Contact the court at approximately 940-349-4380.

462nd District Court: Judge Lee Ann Breading

Judge Lee Ann Breading serves on the 462nd District Court, a general jurisdiction court handling felony criminal cases, civil disputes, and family law matters. Judges of this court are elected countywide and serve four-year terms.

Because the 462nd regularly handles serious felony trials that share docket space with divorce and custody cases, family law litigants should plan for a schedule that must accommodate lengthy criminal proceedings. Come prepared to present your case clearly and efficiently when your time arrives.

The 462nd District Court is on the 4th floor. Reach the court at approximately 940-349-2110.

467th District Court: Judge Derbha Jones

Judge Derbha Jones presides over the 467th District Court, which carries a robust docket of family law, child welfare (CPS), and civil trial matters. Governor Greg Abbott appointed her effective January 1, 2021, and she was subsequently elected to continue in office.

Judge Jones brings particularly specialized credentials to the family law bench. She practiced law for approximately 18 years before her appointment and holds board certifications in both Family Law and Child Welfare Law from the Texas Board of Legal Specialization. Her active involvement in the State Bar’s Child Protection and Family Law Sections and the Texas Association of Family Law Specialists informs her handling of complex custody disputes, CPS cases, and high-conflict divorces.

The 467th District Court is on the 2nd floor. Contact the court at 940-349-4390 or through the online contact form.

481st District Court: Judge Crystal Edmonson Levonius

Judge Crystal Edmonson Levonius serves on the 481st District Court, one of Denton County’s newer district courts. Governor Abbott appointed her in late 2021 to begin serving January 1, 2022. Like other district courts, the 481st hears general civil, criminal, and family law cases.

Appellate records show her court handling significant child-related matters including support and contempt proceedings. The court’s public materials emphasize county standing orders and email communication with the coordinator, reflecting a modern, detail-oriented approach to case management in divorce and custody cases.

The 481st District Court is on the 4th floor. Reach the court at 940-349-2270.

Quick Reference: Denton County Divorce Courts

Contested vs. Uncontested Divorce in Denton County Courts

How your Denton County divorce proceeds depends largely on whether you and your spouse agree on the terms.

An uncontested divorce means both parties have reached agreement on property division, child custody, child support, and spousal maintenance (if applicable). These cases can often be finalized in a single court appearance called a prove-up, where one spouse testifies briefly that the agreement is fair and voluntary. Some Denton County judges, like Judge Hill in the 367th, may even allow prove-ups by submission when all paperwork is properly completed.

A contested divorce involves disputes that require judicial resolution. These cases proceed through discovery, temporary orders hearings, mediation (required in most Denton County family cases before trial), and potentially a final trial. Contested divorces take longer, cost more, and require careful attention to each court’s scheduling orders and procedural preferences.

Residency Requirements for Filing Divorce in Denton County

Under Texas Family Code § 6.301, at least one spouse must have been a Texas resident for six continuous months and a Denton County resident for 90 days immediately before filing. If you recently moved to Denton County from another Texas county, you may need to wait until you satisfy the 90-day requirement before filing here.

Military personnel stationed in Texas present special considerations. Federal law provides protections for deployed service members, and residency calculations can involve the state of legal domicile rather than current station location.

Frequently Asked Questions About Denton County Divorce Courts

Can I request a different judge for my Denton County divorce?

Texas law allows parties to file a motion to recuse a judge for cause (bias, conflict of interest) under Texas Rule of Civil Procedure 18a. However, you cannot simply request a different judge because you prefer another court’s style or schedule. Random assignment is designed to ensure fairness.

How long does a divorce take in Denton County?

Texas imposes a mandatory 60-day waiting period from the date of filing before a divorce can be finalized (Texas Family Code § 6.702). Uncontested divorces can be completed shortly after this period. Contested cases typically take 6 to 18 months depending on complexity, discovery needs, and court availability.

Do I have to go to court for my Denton County divorce?

For uncontested divorces, at least one spouse typically must appear for a brief prove-up hearing, though some courts allow submission without appearance when paperwork is complete. Contested divorces require court appearances for temporary orders, hearings, and trial.

What if my spouse lives in another county?

If you meet Denton County’s residency requirements, you can file here even if your spouse lives elsewhere in Texas or out of state. Your spouse will be served with citation and can participate in the proceedings. Venue challenges are possible but uncommon when residency requirements are clearly met.

Are Denton County divorce records public?

Yes. Divorce cases are public record in Texas. However, certain sensitive information (like social security numbers and financial account numbers) should be redacted from filings, and courts can seal specific documents in appropriate circumstances.

Talk to Our Denton County Divorce Attorney Today

Facing divorce in Denton County means your case will land before one of eight different judges, each with distinct expectations, schedules, and courtroom preferences. The attorneys at Varghese Summersett regularly appear in all of these courts and understand what each judge expects from litigants and counsel.

Whether you are pursuing an uncontested divorce or preparing for a contested trial involving complex property division or child custody disputes, having representation from attorneys who know Denton County’s courts makes a difference. Our team includes board-certified family law specialists with decades of combined experience protecting the interests of clients throughout North Texas.

Call Varghese Summersett today at (817) 203-2220 for a free consultation. We will evaluate your situation, explain what to expect from your assigned court, and develop a strategy designed to protect your interests and your family’s future.

Listcrawler Arrests in Texas: What Happens in a Sting Operation

If you responded to an ad on Listcrawler and found yourself arrested by undercover officers, you’re facing a state jail felony under Texas Penal Code § 43.021. Texas became the first state in the nation to make solicitation of prostitution a felony offense, meaning even a first-time arrest can result in 180 days to 2 years in state jail, fines up to $10,000, and a permanent criminal record. Law enforcement agencies across Texas, particularly in Dallas, Fort Worth, Houston, and surrounding counties, conduct Listcrawler sting operations with startling regularity.

Police post fake ads on Listcrawler and similar platforms, initiate conversations with people who respond, and arrange “dates” at hotels. When you arrive and an agreement to pay for sexual services is confirmed, officers move in. The entire operation is designed to capture evidence of your intent, and most people have no idea they’re walking into a law enforcement trap until the handcuffs come out.

What Is Listcrawler and How Do Police Use It for Sting Operations?

Listcrawler is a website that aggregates listings from various adult classifieds sources, including Cheepo’s List and Escort Babylon. The platform allows users to browse ads for escort services organized by city and category. While browsing Listcrawler itself isn’t illegal, the activities arranged through it often are, and law enforcement knows this.

Texas law enforcement agencies have shifted their prostitution enforcement from street corners to online platforms. Undercover officers now spend their shifts browsing dating sites, escort directories, and classified ad forums like Listcrawler, looking for potential targets. They may text or call between 100 to 200 individuals during a single eight-hour operation.

Here’s how a typical Listcrawler sting operation works:

1. Ad Placement: Undercover officers post ads on Listcrawler posing as escorts or sex workers, often using suggestive photos and descriptions to attract responses.
2. Initial Contact: When someone responds to the ad, the undercover officer engages in conversation, typically via text message or phone call.
3. Agreement: The officer guides the conversation toward an explicit agreement to exchange money for sexual services. Under Texas law, this agreement alone completes the offense.
4. Meetup: A meeting location is arranged, usually at a hotel room that has been outfitted with cameras and recording equipment.
5. Arrest: When the target arrives and confirms the agreement (sometimes by showing cash or condoms), officers move in for the arrest. In some cases, arrests occur even before the person reaches the meeting location if the intent to commit an illegal act is clear from the recorded communications.

Which Texas Law Enforcement Agencies Conduct Listcrawler Stings?

Listcrawler sting operations are not limited to big-city police departments. Agencies of all sizes across Texas now participate in these operations, often in collaboration with federal partners. The scale and coordination of these operations have expanded dramatically since Texas made solicitation a felony in 2021.

Major agencies known for conducting Listcrawler and online prostitution stings include:

• Tarrant County Sheriff’s Office Human Trafficking Unit: One of the most active agencies in North Texas. In October 2021, they arrested 115 men in a single week during “Operation Buyer Beware.” They regularly conduct multi-day operations, arresting dozens of people at a time. In March 2024, they arrested 21 men in just two days.
• Houston Police Department Vice Division: Houston’s vice unit is one of the largest and most well-staffed in the state, with separate General Vice, Human Trafficking, Nuisance Abatement, and Club Squad units. They work closely with the Harris County Sheriff’s Office and District Attorney’s Office on prostitution stings.
• Harris County Sheriff’s Office Vice Unit: Participates in the annual National Johns Suppression Initiative and regularly conducts multi-week sting operations. In 2017, they arrested over 250 people in a single month-long operation.
• Harris County Precinct 4 Constable’s Office: Conducts regular prostitution stings targeting areas around FM 1960 and near schools. In March 2025, they arrested 20 men in a three-day operation.
• Dallas Police Department Special Investigations Division: Works with the Northwest Division Prostitution Taskforce. In March 2024, they conducted back-to-back operations resulting in 60 arrests, seizing handguns, drugs, and over $70,000 in cash.
• Denton County Sheriff’s Office: Conducts regular “prostitution demand suppression operations.” In June 2024, they arrested 14 men, including a fire chief.
• Homeland Security Investigations (HSI) Dallas: Leads the North Texas Trafficking Task Force. In September 2025, HSI Dallas announced 134 arrests during a five-day operation involving 15 agencies across four DFW cities.
• Fort Worth Police Department: Works with Tarrant County agencies on joint operations targeting online solicitation.
• Texas Department of Public Safety: Coordinates statewide human trafficking investigations and participates in local task force operations.

Smaller jurisdictions have also joined the effort. Lake Worth (population 35,000) arrested 42 men in a single operation in April 2023. Even upscale communities like Frisco and Southlake have become targets, with law enforcement noting that “where there’s money, there’s definitely commercial sex happening.”

How Common Are Listcrawler Sting Operations in Texas?

Listcrawler stings happen with remarkable frequency across Texas. Since 2021, when Texas became the first state to elevate solicitation to a felony, law enforcement agencies have increased their online sting operations dramatically. The higher penalties create greater incentives for agencies to pursue these cases.

Recent documented operations include:

• September 2025: 134 arrests across four DFW cities during a five-day HSI-led operation
• August 2025: Harris County Precinct 4 arrests 14 near schools after community complaints
• July 2025: Dallas PD arrests 22 in multi-day operation
• March 2025: 20 men arrested in Harris County three-day sting
• March 2025: Tarrant County Sheriff continues ongoing monthly operations
• March 2024: 21 arrested in Tarrant County, including employees of major employers
• March 2024: Two separate Dallas operations netting 30 arrests each
• June 2024: 14 arrested in Denton County, including Highland Village fire chief
• January 2024: 46 arrested in Southlake and Frisco, including a youth pastor, high school coach, and hospital director
• October 2021: 115 arrested in Tarrant County during “Operation Buyer Beware”

The University of Texas at Dallas has identified the DFW area as second only to Houston for sex trafficking activity. Globally, sex trafficking generates an estimated $150 billion annually, which explains why law enforcement continues to prioritize these operations. The Department of Justice considers Houston a national hotspot for sex trafficking, with Texas estimated to have over 300,000 trafficking victims statewide.

Penalties for Solicitation of Prostitution in Texas

Under Texas Penal Code § 43.021, solicitation of prostitution is a state jail felony for a first offense. This represents a dramatic shift from the pre-2021 law, when first-time solicitation was merely a Class B misdemeanor.

The penalties break down as follows:

Enhancement zones: If the offense occurs within 1,000 feet of a school, the charge is elevated to the next highest category. A state jail felony becomes a third-degree felony; a third-degree felony becomes a second-degree felony.

Sex offender registration: Most first-time solicitation convictions do not require sex offender registration. However, if the conviction is for a second-degree felony (involving a minor under 18, or someone represented as being under 18), the defendant must register as a sex offender for 10 years.

Defenses to Listcrawler Arrest Charges in Texas

Being arrested in a Listcrawler sting does not mean you’re automatically guilty. Several defenses may apply to your case, depending on the specific circumstances of the operation and your arrest.

Entrapment Defense

Under Texas Penal Code § 8.06, entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. For this defense to succeed, you must prove two elements: (1) the police induced or persuaded you to commit the offense, and (2) you were not predisposed to commit the crime before law enforcement’s involvement.

The statute specifically states that “merely affording a person an opportunity to commit an offense does not constitute entrapment.” This means that simply posting an ad on Listcrawler and waiting for someone to respond is generally not entrapment. However, if an officer used aggressive tactics, persistent persuasion, or psychological manipulation to overcome your initial reluctance, entrapment may apply.

Factors that may support an entrapment defense include:

• You initially declined the officer’s offers, and the officer persisted
• The officer used financial incentives beyond a typical transaction
• The officer’s outreach was unusually explicit or enticing
• The officer made threats or applied extortionate pressure
• You had no prior history of similar offenses

Challenging the Evidence

The prosecution must prove that you knowingly offered or agreed to pay a fee for sexual conduct. If the recorded conversations are ambiguous, if the officer’s tactics created confusion about the nature of the transaction, or if there are gaps in the evidence, your attorney can challenge the state’s case.

Constitutional Violations

If police violated your constitutional rights during the investigation or arrest, the evidence may be suppressed. This includes violations of your Fourth Amendment rights against unreasonable searches and seizures, or your Fifth Amendment rights against self-incrimination.

Mistaken Identity or Lack of Intent

In online sting operations, mistaken identity can occur. If you can demonstrate that you were not the person who communicated with the officer, or that you had no intent to engage in illegal activity (perhaps you were responding to what you believed was a legitimate escort service without any sexual component), these defenses may apply.

What to Do If You’re Arrested in a Listcrawler Sting

The moments immediately following an arrest are critical. What you say and do can significantly impact the outcome of your case.

Exercise your right to remain silent. Police and prosecutors benefit when you talk. You have a constitutional right to say nothing beyond providing your basic identification information. Use it.

Request an attorney immediately. As soon as you are detained, clearly state that you want to speak with a lawyer. This invokes your Sixth Amendment rights and should stop police questioning.

Do not consent to searches. If officers ask to search your phone, vehicle, or person, you can politely decline. They may search anyway, but your refusal preserves your right to challenge the search later.

Do not discuss the case with anyone except your attorney. This includes family members, friends, and especially anyone you meet in jail. Anything you say can be used against you.

Contact a criminal defense attorney as soon as possible. Early intervention by an experienced attorney can make a significant difference in how your case proceeds. An attorney can begin gathering evidence, interviewing witnesses, and building your defense before the prosecution solidifies its case.

Frequently Asked Questions About Listcrawler Arrests

Is Listcrawler run by the police?

No. Listcrawler is a privately operated website that aggregates escort and adult classifieds listings. However, law enforcement agencies across Texas regularly monitor the site and use it for sting operations by posting fake ads or responding to existing ones.

Can I be arrested if no sexual act took place?

Yes. Under Texas law, the offense of solicitation of prostitution is complete once you offer or agree to pay a fee for sexual conduct. You can be arrested and charged even if no money changed hands and no sexual contact occurred. The agreement itself is the crime.

Will I have to register as a sex offender?

For most first-time solicitation convictions involving adults, sex offender registration is not required. However, if the charge involves a minor (or someone represented as a minor), conviction requires 10-year sex offender registration. This is one of the most serious consequences of these charges and a critical reason to fight the case aggressively.

What if I didn’t know the “escort” was actually a police officer?

Your knowledge that you were communicating with a police officer is not relevant to the offense. What matters is whether you agreed to pay for sexual services. The fact that no actual prostitute was involved does not change the legal analysis.

How long do police keep records of these sting operations?

Law enforcement agencies keep records of sting operations indefinitely. Text messages, phone records, hotel surveillance footage, and officer notes are all preserved and can be used as evidence. If you were arrested, assume the prosecution has a complete record of your communications with the undercover officer.

Get Help from an Experienced Texas Criminal Defense Attorney

A Listcrawler arrest can feel like the end of the world. Your name may have already appeared in the news. Your family may be asking questions. Your employer may be conducting an investigation. The embarrassment and stigma can be overwhelming.

But these charges are defensible. The police and prosecutors may suggest your case is open and shut, but they have a vested interest in closing your case quickly with a conviction. An experienced criminal defense attorney can evaluate the legality of the sting operation, identify constitutional violations, challenge the evidence, and fight for the best possible outcome.

At Varghese Summersett, our team of over 70 attorneys has decades of combined experience defending clients against serious criminal charges across Texas. We understand the unique pressures these cases create, from the personal embarrassment to the professional consequences. We handle every case with the discretion, professionalism, and aggressive advocacy our clients deserve.

We serve clients in Fort Worth, Dallas, Houston, Southlake, and throughout Texas. If you or someone you love has been arrested in a Listcrawler sting or other prostitution-related operation, don’t wait. Contact Varghese Summersett today for a free, confidential consultation. Call (817) 203-2220 now. Early intervention can make all the difference in protecting your freedom, your reputation, and your future.