Dallas Divorce Lawyer | Child Custody, Property & Family Law Attorney

Divorce is one of the most consequential legal processes a person can go through — and in Texas, the decisions made during your divorce will affect your finances, your parenting rights, and your future for years to come. If you are considering or facing divorce in Dallas, working with an experienced Dallas divorce lawyer from the outset gives you the legal knowledge, negotiating leverage, and courtroom readiness to protect what matters most.

At Dallas Attorneys at Law, we represent clients in all aspects of divorce and family law across Dallas County and the broader DFW metroplex — from straightforward uncontested divorces to complex, contested cases involving significant assets, business interests, and child custody disputes. We are available for a free, confidential consultation and handle every case with both legal precision and genuine sensitivity to the emotional weight our clients are carrying.

Why You Need a Divorce Lawyer in Dallas

Texas divorce laws can be complex, especially when children, property, or significant assets are involved. Even in cases that appear straightforward, legal details can have long-term consequences.

A knowledgeable family law attorney Dallas clients rely on will:

Explain your rights under Texas law
File and manage all court documents
Negotiate fair property division
Protect your parental rights
Advocate for appropriate child or spousal support
Represent you in court if necessary

Divorce is more than ending a marriage—it’s restructuring your financial life, parenting arrangements, and long-term plans. Proper legal guidance helps you avoid costly mistakes.

Understanding Divorce in Texas

Texas is a no-fault divorce state, meaning either spouse can file for divorce without proving wrongdoing under Texas Family Code §6.001 — most commonly on the ground of “insupportability,” meaning the marriage has become insupportable due to discord or conflict. However, Texas Family Code §6.002 through §6.007 also recognize fault-based grounds including adultery, cruelty, felony conviction, abandonment, living apart, and confinement in a mental hospital. Fault grounds matter because Texas courts may consider fault when dividing community property — meaning a spouse who committed adultery or cruelty may receive a smaller share of marital assets.

Residency Requirements

Under Texas Family Code §6.301, to file for divorce in Dallas County, one spouse must have been a domiciliary of Texas for at least six months immediately preceding the filing, and one spouse must have resided in Dallas County for at least 90 days preceding the filing.

Waiting Period

Texas imposes a mandatory 60-day waiting period from the date of filing before a divorce can be finalized under Texas Family Code §6.702. Limited exceptions exist for cases involving family violence. In practice, contested divorces take significantly longer — often six months to two years depending on the complexity of the issues involved.

Fault-Based Divorce in Texas — When It Matters

While most Texas divorces are filed on the no-fault ground of insupportability, filing on fault grounds can have significant strategic advantages in the right circumstances. Under Texas Family Code §7.001, a court may divide the community estate in a manner that the court deems “just and right” — and fault is one of the factors courts may consider in making that determination.

The most commonly cited fault grounds in Dallas divorces include:

Adultery (Texas Family Code §6.003): Voluntary sexual intercourse with someone other than the spouse. Evidence of adultery can support an argument for a disproportionate division of community property in the innocent spouse’s favor.

Cruelty (Texas Family Code §6.002): Treatment of a spouse in a way that renders further cohabitation insupportable. Physical or emotional cruelty is the most commonly alleged fault ground after adultery.

Felony Conviction (Texas Family Code §6.004): If a spouse has been convicted of a felony during the marriage and imprisoned for at least one year, this may be grounds for divorce.

Whether to file on fault grounds is a strategic decision that depends on the available evidence, the assets at stake, and the overall goals of your case. Our Dallas divorce attorneys evaluate this question in every case we handle.

Types of Divorce Cases We Handle

Every divorce is different. Our firm handles a wide range of cases, from simple uncontested divorces to complex, high-asset disputes.

Uncontested Divorce

In an uncontested divorce, both spouses agree on major issues such as:

Property division
Child custody
Child support
Spousal support

While these cases are generally faster and less expensive, having a divorce lawyer Dallas ensures that agreements are legally sound and enforceable.

👉 Learn more about streamlined options on our Uncontested Divorce Lawyer in Dallas page.

Contested Divorce

When spouses disagree on key issues, the divorce becomes contested. These cases may involve:

Court hearings
Mediation
Discovery of financial records
Trial proceedings

A skilled family law attorney Dallas will build a strong case to protect your interests in court.

High-Asset Divorce

High-net-worth divorces often involve:

Business ownership
Investment portfolios
Retirement accounts
Real estate holdings
Complex asset valuation

These cases require careful financial analysis and strategic negotiation.

Military Divorce

Divorces involving military service members present unique legal considerations, including federal benefits and jurisdictional issues.

Child Custody and Conservatorship

For parents, child custody is often the most sensitive issue in a divorce. In Texas, custody is referred to as “conservatorship.”

Courts prioritize the best interests of the child when determining:

Physical custody (possession and access)
Legal custody (decision-making authority)
Visitation schedules
Parental rights and duties

A dedicated Dallas divorce attorney will advocate for arrangements that protect your parental rights and your child’s well-being.

👉 Learn more about Dallas Child Custody Attorneys on our page.

Child Support in Texas

Child support is typically calculated using state guidelines based on the paying parent’s income and the number of children involved.

However, courts may adjust support amounts based on:

Special medical needs
Educational expenses
Shared custody arrangements
Extraordinary financial circumstances

A knowledgeable family law attorney in Dallas can help ensure child support orders are fair and reflect your financial reality.

👉 For more detailed guidance, visit our Dallas Child Support Lawyer page.

Division of Property in Dallas Divorce

Texas is one of nine community property states in the United States. Under Texas Family Code §7.001, a court must divide the community estate in a manner that is “just and right” — which does not always mean a strict 50/50 split. Courts consider factors including fault in the breakup of the marriage, the relative earning capacities of each spouse, the needs of any children, and health and age disparities.

What Counts as Community Property

Property acquired during the marriage is generally presumed to be community property under Texas Family Code §3.003. This includes:

Income earned by either spouse during the marriage
Real estate purchased after the wedding
Retirement account contributions made during the marriage
Business interests acquired or grown during the marriage
Debts accumulated by either spouse during the marriage
Unvested stock options and deferred compensation earned during the marriage

What Counts as Separate Property

Separate property — which is not subject to division — includes assets owned before the marriage, inheritances and gifts received by one spouse individually, and personal injury recovery for pain and suffering. The spouse claiming separate property bears the burden of proving it by clear and convincing evidence.

Complex Property Division Issues

High-asset divorces in Dallas frequently involve retirement accounts requiring a Qualified Domestic Relations Order (QDRO) to divide without triggering tax penalties, business interests requiring forensic accounting and formal valuation, real estate with disputed separate property contributions, and unvested equity compensation such as RSUs and stock options. Our attorneys work with financial experts and forensic accountants to ensure community property is accurately identified and valued before any division is agreed to or ordered.

Spousal Maintenance (Alimony) in Texas

Texas courts have limited authority to award spousal maintenance compared to many other states. Under Texas Family Code §8.051, a spouse seeking maintenance must demonstrate that they lack sufficient property to provide for their minimum reasonable needs and meet one of the following qualifying conditions:

The marriage lasted 10 years or more and the spouse lacks earning capacity
The spouse has a physical or mental disability preventing self-support
The spouse is the primary caretaker of a child with a disability requiring substantial care
The other spouse was convicted of or received deferred adjudication for a family violence offense during the marriage or while the divorce was pending

Duration and Amount Limits

Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income under Texas Family Code §8.055. Duration limits apply based on the length of the marriage — maintenance is generally limited to 5 years for marriages of 10-20 years, 7 years for marriages of 20-30 years, and 10 years for marriages of 30 years or more.

Contractual alimony — agreed to voluntarily between spouses as part of a divorce settlement — is not subject to these statutory caps and can be structured more flexibly. Our attorneys evaluate both court-ordered maintenance eligibility and contractual alimony arrangements in every divorce case involving a significant income disparity.

Mediation and Alternative Dispute Resolution

Many Dallas divorce cases are resolved through mediation rather than trial. Mediation allows both parties to negotiate terms with the help of a neutral third party.

Benefits of mediation include:

Reduced legal costs
Faster resolution
Greater privacy
More control over the outcome

Even in mediation, having a Dallas divorce attorney by your side is critical to protecting your interests.

Post-Divorce Modifications and Enforcement

Life circumstances can change after divorce. You may need to:

Modify child custody
Adjust child support
Enforce court orders
Address violations of visitation agreements

A trusted family law attorney Dallas can assist with modifications and enforcement actions to protect your rights.

Why Choose Our Dallas Divorce Law Firm?

Choosing the right divorce lawyer Dallas is essential. Our firm offers:

Local Court Experience

We understand Dallas County family courts and local procedures, giving our clients an advantage.

Personalized Legal Strategies

No two divorces are the same. We tailor our approach to your goals and circumstances.

Strong Negotiation Skills

Many cases are resolved outside of court. We negotiate from a position of strength while preparing for trial if needed.

Compassionate Guidance

We understand the emotional weight of divorce and provide steady, professional support throughout the process.

What To Do Before Filing for Divorce

If you are considering divorce:

Gather financial records (bank statements, tax returns, property documents)
Avoid large financial transactions without legal advice
Consider your living arrangements
Consult a Dallas divorce attorney early

Early planning can significantly impact the outcome of your case.

Serving Clients Across Dallas and North Texas

Our firm represents clients throughout:

Downtown Dallas
North Dallas
Oak Cliff
Highland Park
Plano
Irving
Garland
Arlington

Wherever you are in the Dallas area, we are prepared to provide experienced family law representation.

Schedule a Confidential Consultation

If you are facing divorce, do not navigate the process alone. A skilled divorce lawyer Dallas can help protect your financial future and parental rights.

Contact our office today to schedule a confidential consultation with an experienced Dallas divorce attorney. Let a dedicated family law attorney Dallas residents rely on guide you toward the next chapter of your life with clarity and confidence.

Call now or complete our secure online form to get started.

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Frequently Asked Questions

How long does a divorce take in Dallas?

Texas requires a mandatory 60-day waiting period from the date of filing under Texas Family Code §6.702 before a divorce can be finalized. In practice, uncontested divorces where both parties agree on all issues can be completed shortly after the 60-day period. Contested divorces involving disputed property, child custody, or support issues typically take six months to two years depending on complexity, the court’s docket, and whether the case proceeds to trial.

Is Texas a 50/50 divorce state?

No. Texas is a community property state, but courts are not required to divide marital assets equally. Under Texas Family Code §7.001, courts divide community property in a manner that is “just and right” — which may be unequal depending on factors including fault in the breakup of the marriage, each spouse’s earning capacity, the needs of children, and health disparities. An experienced Dallas divorce attorney can argue for a disproportionate division in your favor when the facts support it.

Can I date during my divorce in Texas?

Technically yes, but it carries significant legal risk. Texas recognizes adultery as a fault ground for divorce under Texas Family Code §6.003, and adultery committed during the marriage — including during the divorce proceedings — can be used to argue for a disproportionate property division against you. Additionally, if you have children, a new relationship can affect custody evaluations. We strongly advise clients to consult with their attorney before beginning any new relationship while a divorce is pending.

Do I have to go to court for my divorce?

Not necessarily. Many Dallas divorces are resolved through negotiation or mediation without a trial. However, if you and your spouse cannot agree on key issues including property division, child custody, or support, a judge will make those decisions for you at trial. We prepare every case as if it will go to trial — because that preparation is what gives us leverage in settlement negotiations and ensures we are ready if the case does proceed to court.

How is child custody decided in Texas?

Texas uses the term “conservatorship” rather than custody. Under Texas Family Code §153.002, the best interest of the child is the primary consideration in all conservatorship decisions. Courts evaluate factors including each parent’s ability to provide a stable environment, the child’s established routine, each parent’s involvement in the child’s life, any history of domestic violence or substance abuse, and the child’s own preferences if they are 12 years of age or older.

Can I modify child support after the divorce?

Yes. Under Texas Family Code §156.401, either parent may request a modification if there has been a material and substantial change in circumstances since the last order was entered — such as a significant change in either parent’s income, a change in the child’s needs, or a change in custody arrangements. Additionally, Texas allows modification if it has been three years since the last order and the amount would differ by either 20% or $100 from the current order under updated guidelines.

What if my spouse hired a lawyer and I haven’t?

You are at a significant disadvantage if your spouse has legal representation and you do not. Their attorney’s job is to protect your spouse’s interests — not yours. Without your own Dallas divorce attorney, you risk agreeing to property divisions, custody arrangements, or support terms that disadvantage you in ways you may not fully understand until it is too late to change them. Contact our office immediately for a free consultation.

What is the difference between legal separation and divorce in Texas?

Texas does not recognize legal separation in the same way many other states do. However, Texas does allow spouses to enter into a formal partition and exchange agreement under Texas Family Code §4.102 to divide property while remaining legally married, and courts can enter temporary orders governing custody, support, and property use while a divorce is pending. If you need immediate legal protection without filing for divorce, our attorneys can advise on the options available to you under Texas law.

The content on this page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and change over time — consult a licensed Texas attorney for advice specific to your situation.