Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getting a divorce can be an emotionally draining time for anyone. Even when things appear simple, the legal procedure may bring out numerous unresolved issues that can prolong the whole process. Therefore, it is a good idea to consult a lawyer, especially when you and your spouse do not agree on all the terms of your divorce.
If you live in Dallas and are looking for good legal representation, Forbes Advisor has compiled a list of the best divorce lawyers in Dallas to help you with just that.
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Best Divorce Attorneys in Dallas, TX
Compare Top Divorce Attorney
Filing For Divorce in Texas
Divorces are never easy. Add endless paperwork and constant legal intervention to it, and the whole process becomes especially complicated and exhausting. To help alleviate some of the stress of a divorce, we have created a brief guide to the divorce laws in Texas, below.
Texas Divorce Requirements
To be eligible to file for divorce in Texas, you or your spouse must fulfill the state’s residency requirement. That means you or your spouse must have lived in the state for at least six months prior to the date of filing. And at least one of you must also have lived in the county where you are filing for 90 days.
If one of the spouses meets this requirement, either of you can file for divorce in the state of Texas.
Types of Divorce and Separation in Texas
If you want to completely end ties with your spouse, divorce is your only option in Texas. There is no provision for legal separation in the state, but there are other temporary orders and agreements you can request as an alternative to legal separation in Texas, including orders of custody and child support as well as a separation agreement you reach together.
Depending on the terms of the divorce agreement and the level of cooperation between the spouses, there are four types of divorces in Texas. They are:
- No-Fault Divorce. In Texas, you do not need to prove fault to file for a divorce. If your marriage is insupportable due to discord or conflict of personalities, you can get a divorce without proving fault. So, if either of you feels your relationship is insupportable and you have no expectations of reconciliation, you can file a no-fault divorce petition.
- Fault-Based Divorce. Texas law has several fault-based grounds that can be used to file for divorce. You can seek divorce from your spouse if they treated you cruelly, committed adultery, are convicted of a felony and is currently serving time for the past year, has left you with an intention to abandon you, has been living apart from you at least the last three years or has been confined in a mental hospital for at least the last three years and is unlikely to recover from the mental disorder.
- Uncontested Divorce. If you and your spouse are in agreement on all the terms of your divorce, you can finalize your divorce quickly and without much hassle. In an uncontested divorce in Texas, you need file a divorce settlement agreement with the court and it will become the final decree once a judge signs off.
- Contested Divorce. If you and your spouse are arguing about the terms of your divorce, it is considered a contested divorce. In this case, you will go to trial and the judge will decide. You can also file a written agreement with the county court to refer you to mediation where you and your spouse can discuss your issues with a mediator. This will save time and money.
Child Custody, Support and Visitation in Texas
Both or either one of the parents can be appointed as the primary custodian or the managing conservator of the child in Texas. The other parent is generally appointed as the possessory conservator and gets visitation rights to maintain frequent contact and a healthy relationship with the child. The decision is always made considering the best interest of the child.
The Texas law provides a standard possession order for any child above the age of three. This provides a detailed visitation schedule parents can follow. You and your spouse can create a custom parenting plan you agree upon, and the court will approve it as long as it is in the best interest of the child..
The non-custodial parent is required to pay child support to the parent with whom the child primarily lives. This amount is typically calculated based on the number of children and the net resources of the non-custodial parent and lasts until the child turns 18 or graduates from high school, whichever is later.
Property Division in Texas
Any property obtained by either of the spouses during the marriage is considered community property by Texas law. During divorce, the community property is evenly divided between both the spouses. However, there is property exempt from this rule, including assets acquired by a spouse through gift or inheritance or recovered in a personal injury settlement.
A spouse can also claim alimony or maintenance from the other spouse after their divorce. The law provides four circumstances in which a spouse is eligible to receive maintenance.A spouse can request alimony if:
- The other spouse has been convicted of family violence against the requesting spouse or their child in the last two years.
- The requesting spouse has a mental or physical disability that prevents them from supporting themselves and the marriage lasted at least 10 years.
- The couple was married for at least 10 years and the requesting spouse is unable to support themselves.
- The requesting spouse is supporting a disabled child of the marriage and therefore, does not have the ability to support themselves and the marriage lasted at least 10 years.
Filing and Serving Your Divorce Papers
To start your divorce proceedings, file the correct divorce forms with your county court. If you and your spouse do not have children and you did not purchase any property during your marriage, you can use the forms for uncontested divorce approved by the Supreme Court of Texas.
But if children or property are involved in the divorce and you and your spouse agree on property division, child support, custody and visitation, you can use the appropriate form on the Texas State Law Library website. However, if you and your spouse do not agree on one or a few terms of your divorce, it is a good idea to hire a divorce lawyer to help you file your petition and finalize the divorce.
After you have filed the divorce forms, you must send a copy of the petition to your spouse. You can do that by having an adult personally serve the papers or sending them via registered mail. If you are unsuccessful, you can ask the court to allow substituted service by email or social media.
Finalizing Your Divorce
Once you have filed and served the documents, the respondent has 20 days to file a reply to the petition. If they fail to do so, the terms of the divorce are decided based only on the petitioner’s demands as long as they are just and fair.
Except in cases where a spouse is convicted of family violence or the petitioner has a protective order against them, the court will not finalize the divorce until a 60-day waiting period from the day on which the petition was filed has passed.
How Can an Attorney Help You?
It is advisable to hire an attorney in a contested divorce since they will protect your rights against your spouse and help you receive the best possible settlement. They can assist you in resolving your issues more quickly and may help you save thousands of dollars in a trial. They will make sure your emotions do not dictate your actions and you do end up making decisions you might regret later.
While it is completely possible to finalize an uncontested divorce without a lawyer, it is a good idea to have the assistance of a divorce lawyer as they can advise you about your rights, tell you how a judge would mostly decide your case, guide you through the divorce procedure and help you come to an agreement that is fair and in the best interest of you and your family.
If you are a victim of domestic violence, reaching out to a lawyer ensures your and your family’s safety. The attorney can seek protection orders as quickly as possible and ensure your rights are protected during the divorce proceedings.
Featured Partners
Advertisement
1
Divorce.com
Cost
$499 (and up)
Services Offered
Document prep, Mediation, Case management, Lawyer services
Acceptance Guarantee
100% guaranteed court-accepted forms
2
OnlineDivorce
Cost
$159 (and up)
Services Offered
Ready-to-file forms, Name changes, Co-parenting support
Free Revisions
30 days
3
3StepDivorce
Cost
$299 (and up)
Services Offered
Document prep, Lawyer services, Financial services
Acceptance Guarantee
100% guaranteed court-accepted forms
4
DivorceNet
Cost
$159 (and up)
Services offered
Document preparation, Free case evaluation
Acceptance Guarantee
100% guaranteed court-accepted forms
How to Find the Best Divorce Lawyer in Dallas, TX
The divorce process can be extremely exhausting and draining, but having a good Dallas divorce lawyer by your side can make the process easier. Here are a few things you should keep in mind to find the best attorney for your case.
- Experience. Check your lawyer’s experience dealing with divorce cases. It is a good idea to hire a lawyer who dedicates an extensive portion of their practice, if not all of it, to family law cases. A lawyer with more experience in cases similar to yours will have better strategies in place to represent you.
- Budget. Divorces can be expensive and hiring a lawyer can significantly affect your budget. Talk with a few lawyers and work with the one who matches your requirements as well as your price range.
- Trust and compatibility. You will most likely divulge a lot of personal and painful information to your lawyer during divorce proceedings. Therefore, it is imperative you choose a lawyer you trust and with whom you are comfortable. Hiring an empathetic divorce lawyer can make the process easier for you.
Methodology
To come up with the best divorce lawyers in Dallas of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
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Frequently Asked Questions (FAQs)
Who pays attorney fees in divorce in Texas?
The party hiring the lawyer pays the attorney fee themselves in most divorce cases. However, you may request the court to order your spouse to pay your reasonable attorney fees and expenses after the divorce petition has been filed. In this case, you need to prove your inability to pay the fee yourself. The court can also award attorney fees and expenses to a spouse in the final decree of divorce.
How many years do you have to be married in Texas to pay alimony?
The court determines the matter of spousal maintenance or alimony on a case-by-case basis. In most situations, you must be married at least 10 years to get alimony, however there are situations in which this is not the case.
Who gets the house in a divorce in Texas?
In Texas, if the home is purchased during the marriage it is community property, except for properties acquired as personal injury settlement, gift or inheritance. So, if the house was purchased while the couple was married, both of them have equal rights to it and its value is divided in the divorce. If they cannot agree on who gets the house after the divorce, the court may order the parties to sell the house or award it to one party.
