This page offers comprehensive information on laws and procedures for obtaining a divorce in Dallas, Texas, including property division and spousal support. (For information on child custody and child support, see our other pages.) An experienced Dallas divorce lawyer can provide guidance in navigating the complexities of divorce proceedings. Let Bailey & Galyen help protect your rights.
What Is Divorce?
Divorce is a legal procedure that formally dissolves a marriage, terminating the marital bond between spouses. As part of the process, marital debts and assets are allocated and the parties and/or the court determine whether alimony is warranted, and, if so, how much should be paid and for how long. If there are minor children of the marriage, divorce proceedings also address and resolve custody and visitation (known in Texas respectively as “managing conservatorship” and “access”) matters, as well as all details related to child support.
The Different Types of Divorce in Dallas
In Texas, a divorce may take a number of different forms:
- No-fault divorce: Most divorce filings in Texas are considered “no-fault.” With a no-fault divorce, there is no need to identify a specific cause of the marital breakup. Instead, the parties need only agree that there are “irreconcilable differences.” The language used in the Texas Family Code is “insupportability.” A no-fault divorce will be granted if both parties agree that the marriage has become insupportable due to persistent discord or personality conflicts, with no requirement that either party allege or prove fault.
- At-fault divorce: In an at-fault divorce, one of the parties will state specific reasons for, or causes of, the marital dissolution. The permitted grounds in Texas for an “at-fault” divorce include adultery, abandonment, cruelty, a spouse’s incarceration for a felony, a spouse’s confinement in a mental facility, or living apart for over three years. Upon successfully proving fault, a spouse may obtain advantages with respect to custody, support, and property division.
- Uncontested divorce: In an uncontested divorce, the parties agree on the resolution of all issues, including the basis for divorce, asset division, child custody, spousal support, and child support. When a divorce is uncontested, the parties typically incur far less expense, and the divorce is finalized more quickly.
- Contested divorce: If the parties cannot amicably resolve custody, visitation, support, or property matters, the court must do so for them. Such a proceeding is commonly referred to as a contested (or litigated) divorce. With a contested divorce, there is typically a “discovery” period, where the parties gather all relevant evidence. There may be evidentiary or other hearings before trial. If the parties cannot settle their differences without the intervention of the court, a trial will be held.
- Mediated divorce: Unlike many other states, Texas does not require mediation as a part of the divorce process. But if the parties agree, they can attempt to resolve their differences through mediation, where they will work with a neutral third party to identify mutually beneficial solutions to custody, visitation, support, and property disputes. Each party may be represented by an experienced Dallas divorce lawyer during the mediation process. If the parties reach a mediated settlement, it will be put in writing and submitted to the court for approval. If mediation fails, the parties may then proceed to trial.
- Collaborative divorce: In the collaborative divorce process, the parties agree to work with their attorneys and each other to resolve all issues without the intervention of the court. The collaborative divorce often involves consultation with financial professionals, child psychologists, and others. If the parties cannot reach agreement without the involvement of the court, each party must retain a new Dallas divorce lawyer to proceed in court.
Divorce Law in Dallas
In Dallas, divorce is regulated by Texas state law, with the pertinent legal provisions detailed in the Texas Family Code. The primary section, Title 1, Subtitle C, Chapter 6, sets forth the basic legal process for obtaining a divorce in Texas. Specifically, Subchapter A identifies the permissible grounds for divorce, including insupportability/irreconcilable differences, cruelty, adultery, felony conviction, abandonment, living apart, and confinement in a mental hospital.
Divorce Statistics for Dallas and Across Texas
- Texas consistently has one of the lowest divorce rates in the country, with between one and two percent of all residents having been involved in a divorce
- Divorce rates in the largest Texas cities range from 7.6% to 12.5%, with Dallas having a rate of 10.3%.
- About half of divorces filed in the Lone Star State involve couples with minor children.
- More than two of every three (69%) Texas divorces are filed by women
- In approximately 60% of all at-fault divorce proceedings in Texas, adultery is cited as the cause
Permissible Grounds for At-Fault Divorce in Dallas
Most divorces in Texas are “no-fault” divorces, in which it’s unnecessary for the parties to give the court any reason for their split other than “irreconcilable differences.” However, if a party can prove one of the grounds for an “at-fault” divorce listed in the Texas Family Code, that party may have an advantage when it comes to matters of spousal support, child custody, and property division. The Texas Family Code outlines six grounds for an at-fault divorce:
- Living apart for three years or more: If a married couple has not cohabitated for a minimum of three years immediately preceding the filing of a divorce complaint, either party may use that fact as grounds for terminating the marriage.
- Confinement in a mental hospital for three years or more: A divorce may be granted if one spouse has been confined in a mental hospital for at least three years. There must also be either little possibility of recovery or a significant likelihood of relapse if the person is released from the facility.
- Cruel treatment: A determination of cruelty is necessarily subjective and will accordingly be dependent on the specific circumstances of each case. Generally, though, it involves the deliberate, ongoing infliction of suffering and can be either mental or physical.
- Adultery: In Texas, adultery is very narrowly defined as engaging in sexual intercourse with a person who is not your spouse. Allegations of adultery must be backed by evidence, which may include bank statements or receipts showing purchases of jewelry, gifts, or trips, as well as eyewitness testimony.
- Felony conviction and imprisonment for one year or more: A felony conviction may be grounds for divorce if the conviction is handed down during the marriage and results in a sentence of at least one year in a state or federal prison or penitentiary.
- Abandonment for one year or more: Establishing abandonment for the purposes of obtaining a divorce is a two-step process. First, it must be shown that the other spouse left voluntarily. Additionally, the party seeking divorce must produce evidence of a clear intent to abandon the other spouse. This generally means showing that the spouse has no intention of reestablishing the relationship. The abandonment must be continuous for a period of one year.
Residency Requirements for Filing for Divorce in Dallas
To qualify to file for divorce in Dallas, you must meet certain residency requirements:
- Texas residency: At least one of the parties to the divorce must have resided in Texas for a minimum of six months before initiating divorce proceedings.
- County residency: Additionally, the party filing for divorce must have been a resident of the particular county where the divorce is filed for at least 90 days prior to the filing of the divorce complaint.
Steps to Take When Filing for Divorce in Dallas
To get the best outcome in a Texas divorce proceeding, take the following steps:
Step 1: Hire a Proven Dallas Divorce Lawyer
Regardless of the complexity of your divorce, a knowledgeable Dallas divorce lawyer is essential for protecting your rights. Your attorney will know what needs to be filed when, what evidence will be most compelling, and what you can reasonably expect for custody and visitation, support obligations, and the division of marital property.
Step 2: Take the Time to Prepare Before You File
Before you start the divorce process, spend time gathering essential information, including all records related to income, debts, and marital property. This will streamline the filing process and ensure that there are no surprises.
Step 3: File Your Complaint and Provide a Copy to the Other Party
If you’ve done the smart thing and hired an experienced Dallas divorce attorney, they will handle this for you. Known as “service of process,” this is commonly done by a professional process server, who will ensure that delivery to your ex complies with Texas court rules.
Step 4: Receive the Answer to the Complaint
Once the complaint is served, the party receiving it (known as the defendant or respondent) will have 20 days to file an “answer” with the court, either agreeing or disagreeing with the allegations set forth.
Step 5: Put Temporary Orders in Place
A court typically issues temporary orders governing child custody and visitation, child and spousal support, and the use of marital property while the divorce is pending.
Step 6: Complete Initial Disclosures
Once a complaint and answer have been filed, and the court has issued any temporary orders, it typically will require the parties to provide the following information:
- Financial records: Tax returns, pay stubs, bank statements, credit card statements, statements from retirement and investment accounts, and any other relevant financial documents
- Property records: Deeds, titles, mortgages, leases, and other real property documents
- Persons with knowledge: The names and contact information for individuals with pertinent information about the marriage or divorce, such as family members, friends, neighbors, co-workers, doctors, financial advisors, accountants, and counselors.
- Insurance information: Property, automobile, health, life, and other insurance policies.
These disclosures should be submitted within 30 days of filing the initial response or appearing in court, unless both parties agree to a different timeline. The court may impose penalties for non-compliance.
Step 7: Gather Evidence during the Discovery Period
Discovery is the legal term for the gathering of evidence. Three methods are the most common: depositions (formal questioning in the presence of a court reporter), interrogatories (written questions and responses), and requests for documents or other physical evidence.
Step 8: Negotiate a Divorce Settlement, If Possible
Throughout the divorce process, you can expect the court to encourage you to amicably settle your differences. If you can resolve all disputes, you’ll need to put the terms in a comprehensive settlement agreement, which will then be entered into the record. The court will review the terms of your settlement to ensure that there’s no evidence that it might have been entered under duress or undue influence. The settlement agreement should address asset and debt division, child custody and support, visitation, alimony, legal fees, and all other relevant matters.
Step 9: Take Your Case to Trial
If a settlement agreement cannot be reached, the parties must resolve their differences at trial.
Step 10: Finalize the Divorce
Once all matters have been resolved, through either a negotiated settlement or trial, the court will issue a final divorce decree, setting forth the specific terms of child custody and visitation, support, and the division of marital debts and assets. Under Texas law, a mandatory 60-day waiting period, often termed a “cooling-off” period, must be enforced. Accordingly, the court may not enter the final divorce decree until 60 days after the filing of the divorce complaint.
Marital Property Division in Dallas, Texas
Texas is a community property state. Under the community property laws of Texas, all assets and debts acquired during marriage, with a few limited exceptions, are considered community property and must be divided equally upon divorce. The court will first categorize all property and debts as either separate or community property. Any debts or assets acquired before or brought into the marriage will be deemed separate property and will be excluded from the marital estate. Furthermore, property obtained by gift or through inheritance is usually not part of the marital estate.
Upon dissolution of the marriage, separate property will be returned to its owner, and the community property will be divided equally between the parties. As a practical matter, many assets cannot be allocated to both parties, e.g. real estate. Typically, the parties will seek to offset assets so that each party obtains property with equal value.
Alimony or Spousal Maintenance in Dallas
In Texas, alimony or spousal maintenance may be granted to either party at the discretion of the court. The alimony may be:
- Granted for a limited period of time (known as temporary alimony)
- Granted permanently
- Granted until such time as the recipient can become self-sufficient through education or job training (known as rehabilitative alimony)
Eligibility for Alimony (Spousal Maintenance) in Dallas
In Texas, eligibility for spousal maintenance is determined using the process outlined in the Texas Family Code, Title 1, Subtitle C, Chapter 8. Here are the key considerations:
- Financial need: The spouse seeking maintenance, known as the “dependent spouse,” must demonstrate insufficient resources to meet their minimum reasonable needs post-divorce.
- Qualifying circumstances: The dependent spouse, having established financial need, must also establish one of the following conditions:
- The marriage lasted at least 10 years.
- The dependent spouse suffers from a mental or physical disability that prevents gainful employment.
- The dependent spouse has physical custody of a child of the marriage who requires substantial care because of a mental or physical disability.
- The dependent spouse (or a child of the marriage) was the victim of family violence within two years prior to the filing of the divorce.
Determining the Amount of Alimony in Texas
After establishing the need for alimony, Texas judges consider various factors to determine the amount that will be paid and how long it will be paid. These factors, outlined in the Texas Family Code, include the following:
- Financial independence: Both spouses’ ability to independently meet minimum reasonable needs post-divorce, considering financial resources and child support obligations
- Marriage duration: The longer the marriage, the longer alimony is typically granted and the greater the amount of benefits
- Dependent spouse’s profile: The age, employment history, earning capacity, and physical/emotional condition of the dependent spouse
- Education and skills: The education and employment skills of each spouse, emphasizing one spouse’s contribution to the other’s education, training, or earning power
- Homemaker contribution: A spouse’s contribution as a homemaker, acknowledging the value of non-monetary contributions to the marriage
- Education/training period: The time required for the dependent spouse to acquire education or training necessary for self-support and the availability and feasibility of such training
- Waste or misuse of property: Whether either spouse wasted, concealed, destroyed, or disposed of community property or jointly held assets
- Individual property: The extent to which the dependent party has property or assets to provide for self-sufficiency
- Marital misconduct: Whether either party engaged in misconduct during the marriage, including adultery or cruelty
- Any history of family violence: Evidence of a history or pattern of family violence, including threats, attempts at violence, and child sexual abuse
What Limits Are There on Alimony in Texas?
Texas law establishes limits on the amount of spousal maintenance judges can award. Under Texas law, monthly spousal maintenance payments may not exceed $5,000 or 20% of the paying spouse’s monthly gross income, whichever is less.
How Much Does It Cost to File for a Divorce in Dallas?
The filing fee for a divorce in Dallas County typically ranges from $250 to $350. A process server costs approximately $60 to $80.
The Costs of an Experienced Divorce Attorney
Though some attorneys may charge a flat fee for certain types of divorce, the common approach is to bill an hourly fee. In Dallas, those fees typically run anywhere from $200 to $500 per hour. The estimated average hourly rate is $225 for uncontested cases without children or assets. If children and property are involved, then the hourly rate may be around $475. The average cost of a contested divorce in Dallas is around $13,000. Contested divorces may involve expenses for expert witnesses and discovery. The cost for an uncontested divorce typically ranges from $300 to $5,000.
How Can an Experienced Dallas Divorce Lawyer Help with Your Case?
A proven Dallas divorce lawyer can:
- Protect your legal rights– Your attorney will have comprehensive knowledge of the laws and procedures governing divorce in Texas. Your lawyer will know, from experience, what you can expect in a property settlement and will be able to determine whether alimony is warranted, and, if so, how much is reasonable and for how long.
- Ensure that you don’t miss any deadlines– Your lawyer will prepare, file, and review all documents and evidence in your case, ensuring that your rights are not compromised.
- Carefully gather and preserve all critical evidence to support your claims
- Be your voice in all meetings, hearings, and proceedings
- Anticipate the moves of opposing counsel or the court– Your Dallas divorce lawyer will know what to expect from your ex’s counsel and will be able to anticipate how the court might rule on different matters.
Summary
Divorce is the legal process of dissolving a marriage. Divorce in Dallas is governed by Texas state law, with the relevant legal provisions found in the Texas Family Code. No-fault divorces are generally brought on grounds of “insupportability” (also commonly known as “irreconcilable differences”). If certain grounds exist, a spouse may file for an at-fault divorce, which may give them an advantage when it comes to matters of alimony, child custody, and property division. Permissible at-fault grounds include living apart for three years or more, confinement in a mental hospital for at least three years, cruel treatment, adultery, conviction on felony charges with imprisonment for a minimum of one year, and abandonment for at least one year.
In Texas, marital debts and assets are divided according to community property principles, which requires distinguishing between separate and community property. All debts and assets acquired during the marriage, with a few limited exceptions, are community property and must be divided equally upon divorce
Alimony in Texas relies on the dependent spouse’s post-divorce financial need, considering factors such as income capacity, disability, caring for a special-needs child, or recent family violence. The court will determine the amount of alimony based on such factors as the financial independence of the parties, the length of the marriage, the education or employability of the parties, the extent of any homemaker contributions, and any evidence of marital misconduct. Texas law limits monthly payments to $5,000 or 20% of the supporting spouse’s average monthly gross income, whichever is lower.
FAQs
What is divorce?
Divorce is the legal process of dissolving a marriage, allowing spouses to terminate their marital relationship and live separately. The process involves settling issues such as property division, alimony, child custody, and child support.
What are the residency requirements to file for divorce in Dallas?
To file for divorce in Dallas, at least one party must have been a Texas resident for a minimum of six months prior to initiating the divorce proceedings. Additionally, at least one of the parties must have resided in the county where the divorce is filed for at least 90 days immediately prior to the filing of the divorce complaint.
Do I need a lawyer to file for divorce in Dallas?
While it's advisable to have a lawyer handle divorce proceedings, it's not mandatory.
How long does the divorce process typically take in Dallas?
On average, divorces in Dallas take two to seven months. The actual duration can extend past that depending on how much the parties agree on matters such as alimony, property division, and child custody. The court’s schedule and workload can also affect the length of divorce proceedings. Uncontested divorces typically take two to three months.
How can I protect my interests in a divorce, especially regarding property and assets?
To protect your interests in a divorce, be sure to document all assets, debts, and other financial information. Consulting with a lawyer can help you understand your rights and negotiate a fair settlement.
How much does a divorce cost in Dallas?
The cost of a divorce in Dallas will include court filing fees and perhaps expert witness fees and discovery costs. Attorneys fees are commonly the most significant cost. Typically, a contested divorce in Dallas has an average cost of around $13,000. An uncontested divorce generally costs in the range of $300 to $5,000.
What grounds may be stated for a divorce in Texas?
Grounds for divorce in Texas include insupportability (no-fault), living apart for three years or more, confinement in a mental hospital for three years or more, cruel treatment, adultery, felony conviction and imprisonment for one year or more, and abandonment for one year or more.
How can a divorce lawyer help with my case?
A proven Dallas divorce lawyer will ensure that all evidence is gathered and preserved, that any required documents are accurately prepared and timely filed, and that you have a strong and knowledgeable advocate in all hearings, meetings, and proceedings.