Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
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.
The end of a marriage is never pleasant, even when it is necessary. Divorce laws in Texas can just make the situation even more frustrating.
The right divorce lawyer can ease the process and help you move on with your life. This list of the best divorce lawyers in Fort Worth will help you choose the right lawyer for your situation.
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Best Divorce Attorneys in Fort Worth
Compare Top Divorce Attorneys
Filing for Divorce in Texas
Filing for divorce in Fort Worth is relatively simple. However, some divorcing couples can encounter significant complications during the process. Anyone who is considering ending their marriage should understand the following details about divorce in Texas before choosing an attorney from this list of Fort Worth divorce lawyers.
Texas Divorce Requirements
Texas has relatively strict residency requirements for anyone seeking a divorce. One party must have lived in Texas for at least six months and must have lived in the county where the divorce is filed for at least the past 90 days. If you or your spouse has recently moved to the state or a new county, you may have to wait to meet those requirements.
Conversely, the state doesn’t have any separation requirements. All you need to do to start the process is file divorce papers with the court and send copies to your spouse.
Types of Divorce and Separation in Texas
Texas allows for both fault and no-fault divorces. Regardless of whether a party claims fault, the type of divorce depends on how the case is resolved.
- Uncontested divorce. This occurs when both parties agree to all terms of the divorce.
- Default divorce. A default divorce will be declared by the court when the other party doesn’t respond to the divorce petition or can’t be found to serve papers.
- Mediated divorce. In a mediated divorce, both parties negotiate all terms of the divorce with the assistance of attorneys and a mediator. At the end of the mediation, both sides agree to the terms.
- Collaborative divorce. This is like a mediated divorce but slower because parties discuss only one topic per meeting while additional outside parties advise.
- Arbitrated divorce. An arbitrated divorce is a high-conflict divorce where both parties fight for their priorities in front of an arbiter, who has the final say over the outcome of the case. Arbitrated divorces are usually less expensive and take less time than a litigated divorce.
- Litigated divorce. A litigated divorce is argued before a judge by attorneys for each party. It is usually a contentious process that often takes much longer than the other types of divorce processes in Texas.
Child Custody, Support and Visitation in Texas
A divorce that involves children is always more complicated than one that doesn’t. When children are involved, the divorce agreement or order must cover child custody, support and visitation.
- Child support. A parent who doesn’t have primary custody pays child support to the other to help ensure any children enjoy a reasonable lifestyle compared to the combined income of their parents. Child support must be paid until the child turns 18 or graduates high school, whichever comes later.
- Child custody. Parents can have joint custody or sole custody, depending on the circumstances of the divorce and factors like the jobs and living arrangements of both parents. The court will make custody decisions in the best interests of the child with a preference toward giving both parents some custody.
- Visitation. When one parent has primary custody, the other parent is generally granted visitation rights, either from a mutual agreement or a court order. Parents are usually only denied visitation rights when they have been abusive to their children.
Property Division in Texas
Texas is a community property state, which means that both parties equally own all marital assets. However, unlike in some community property states, marital assets don’t have to be divided equally during a divorce.
If a divorce is contested, the judge must divide property in a way that is “just and right.” This means the judge can take into account factors like fault or the health of each spouse when distributing property.
Filing and Serving Your Divorce Papers
You can get all divorce paperwork from the online Texas State Law Library. However, it may be difficult to fill out and deliver these papers without help. Fort Worth divorce lawyers know which paperwork is critical and when each form is due.
Additionally, in a contentious divorce, Fort Worth divorce lawyers can deliver this paperwork to your spouse in a way that protects you from retribution.
Finalizing Your Divorce
Before your divorce can be finalized in Texas, you must wait at least 60 days from when the petition was filed with the court. Once that time has passed, you will attend a final hearing where the judge will issue a divorce order. This order will include everything you and your spouse agreed on and any rulings the judge made if your case was litigated.
How Can an Attorney Help You?
Fort Worth divorce lawyers offer two major advantages in the divorce process. First, they understand the process and can help it go more smoothly. Even if you have a contentious divorce, your lawyer can reduce the tension by efficiently advocating on your behalf.
Second, most Fort Worth divorce lawyers are familiar with techniques like mediation that can save you money and get you through the divorce process without going to court. If a trial is inevitable, your attorney will handle the proceedings and fight for your best interests.
How to Find the Best Divorce Lawyer in Fort Worth, Texas
When considering Fort Worth divorce lawyers on this list, you should take the following factors into account:
- Preferred approach. Some divorce lawyers prefer to use specific approaches, such as mediation or collaborative divorce. Try to find a lawyer who has the most experience in the approach you want.
- Children. If you have children, their future is one of your highest priorities. Pick an attorney who has a good record of protecting children in divorce cases.
- High-value divorces. Divorces that involve significant assets require a different approach. You want a lawyer who has experience properly investigating and litigating this type of case.
Methodology
To come up with the best divorce lawyers in Fort Worth, TX, 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 and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and 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
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
Can I get alimony in Texas?
You can get alimony in Texas, but it is limited to no more than $5,000 per month or 20% of your spouse’s average monthly gross income, whichever is less. A judge will determine whether alimony is appropriate.
What happens if my ex-spouse violates a divorce decree?
The court will enforce the divorce decree if you file a petition with the court. If a judge determines your ex-spouse is not in compliance, the judge will have several avenues to enforce the decree. The court can garnish their pay, seize their tax refunds, place a lien on their property or hold them in contempt.
How long does the average divorce take in Texas?
That depends on how your divorce is resolved. An uncontested divorce takes just over 60 days to finalize. A litigated divorce usually takes a year or more to finalize.
