Divorce in Dallas, Texas: Legal Process, Timeline, and What to Expect

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Divorce is common. The best estimates suggest that between 40% and 50%t of marriages in Texas end in divorce. If your marriage is not working out, you should not feel a sense of shame. Divorce, as stressful as it can be, may be the best option for a better, happier, and healthier tomorrow. At Balekian Hayes, PLLC, we want to make sure that you understand how the divorce laws (and the process) actually work in Texas. Here, our Dallas divorce attorney provides a comprehensive guide to what you can expect from the process in Texas.

Know the Rules for a Divorce (Texas Law)

Getting a divorce in Dallas? One of the most important things to know is that your case will fall under Texas law. With very limited exceptions (such as for some military issues), divorce is a state law matter, not a federal law matter. Here is an overview of key points to know about the rules and regulations for divorces in Texas:

Residency: You can get divorced in Dallas even if you got married outside of Texas. You only need to prove residency. To file for divorce in Texas, at least one spouse must have lived in the state for six continuous months before filing. In addition, one spouse must have resided in the county where the divorce is filed for at least 90 days. That is Dallas County for residents of the City. If the residency standard is not satisfied, the court lacks authority to hear the case. Though there is an exception for military members stationed in Texas.

Grounds: In Texas, both fault and no-fault grounds for divorce exist. The most common ground is “insupportability,” under Texas Family Code § 6.001. That means that the marriage cannot continue due to discord or conflict with no reasonable prospect of reconciliation. Insupportability is a no-fault ground for divorce. Fault grounds include adultery, cruelty, abandonment, felony conviction, confinement in a mental hospital, and living apart for three years. A finding of fault can have implications for property division and/or alimony.

Property Division: Texas is a community property state. Property acquired during marriage is generally owned equally by both spouses, but there are a few exceptions, such as for gifts or inheritance that is not commingled. Under state law, courts must divide community property in a manner that is “just and right.” Separate property, such as property owned before marriage or acquired by gift or inheritance, is not subject to division. Clear and convincing proof is required to establish separate property.

Child Custody: For parents in Dallas, going through a divorce can be especially challenging. You may have tons of questions about what comes next. Child custody and child visitation are big issues. Child custody in Texas is determined under the “best interest of the child” standard. Some of the factors that are used to determine what is in the best interests of the child include the child’s physical and emotional needs, parental involvement, stability of each home, and any history of abuse or neglect.
Spousal Support: Spousal maintenance (alimony) may be awarded in Texas, but our state has some of the tightest and most restrictive laws for it in the entire country. Courts may award maintenance if the requesting spouse lacks sufficient property to meet basic needs and meets specific statutory conditions, such as being a victim of family violence, having a disability, caring for a disabled child, or being married for ten years with an inability to earn sufficient income. Beyond that, state law caps the amount at the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income.

Understand the Stages of the Divorce Process in Texas Courts

A Texas divorce proceeds through defined stages: filing the petition, service of process, temporary orders (if necessary), discovery, negotiation or mediation, and final trial or settlement. Each stage has procedural rules under the Texas Family Code and Texas Rules of Civil Procedure. In Texas, courts often encourage mediation to reduce conflict and conserve judicial resources.

Note: Temporary orders address custody, support, and possession of property while the case is still pending.

What is the Typical Timeline for a Divorce in Dallas?

It depends. Texas imposes a mandatory 60-day waiting period after filing before a divorce can be finalized, with limited exceptions such as family violence. An uncontested divorce may be completed shortly after that period if all paperwork is in order and the parties agree on custody, support, and property division. Contested divorces will, of course, take much longer. A contested divorce that requires a full trial can take multiple years to be resolved in Texas. Many people are able to reach an uncontested settlement of their divorce without the need for litigation. A Dallas, TX divorce attorney can help you navigate negotiations, including mediation.

How Our Dallas Divorce Attorneys Can Help

Going through a divorce in Dallas or elsewhere in North Texas? You may be filled with questions about your rights, your options, and what exactly is going to come next. During such an important (and challenging) time in your life, you need reliable legal representation. At Balekian Hayes, PLLC, we put clients first. Our Dallas divorce attorney provides comprehensive family law representation that is focused on both protecting your rights and finding a solution that works. Your initial consultation with our Dallas divorce lawyer is completely confidential and without any additional obligations. We are ready to get started on your case today.

Contact Our Dallas, TX Divorce Lawyer Today

At Balekian Hayes, PLLC, our Dallas divorce lawyer has the skills and experience that you can trust in both contested and uncontested divorce cases. If you have any questions or concerns about the divorce process, professional help is available. Call us now or contact us online for a fully confidential case consultation. We handle divorces in Dallas and all across North Texas.

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What Our Clients Are Saying

Professional, Caring, Honest

From the bottom of my heart, I cannot recommend Balekian Hayes enough. As a father fighting to protect his daughters and secure meaningful protections for our future, I needed more than legal representation — I needed a team that understood what was truly at stake. This firm didn’t just manage my case; they stood beside me while I fought for my children with passion, discipline, and faith. They recognized my effort to always put my girls first and reinforced that commitment at every turn.

Lisa at reception is the heartbeat of this firm. From the very first call, she treated me with sincerity and compassion. On days when I felt overwhelmed or discouraged, Lisa gently reminded me that my faith was evidence and that trials are temporary. She consistently reassured me that everything would work out the way it was meant to. She addressed every concern directly or made sure someone did. Her kindness grounded me more than she probably realizes. She sets the culture — patient, understanding, and steady.

Bryn is one of the hardest working professionals I have ever encountered. She was my go-to throughout the case and handled every detail with empathy, precision, and follow-through. What stood out most was how she consistently reinforced that I was a great father. When doubt crept in, Bryn reminded me that my effort to secure protections for my daughters mattered deeply. She genuinely cared about the outcome, not just legally but personally. Her calm strength made some of the hardest moments feel manageable.

And then there is Emory. Emory is exceptional. Her knowledge and strategic leadership transformed our case and ultimately led to a strong victory for my family. But what separates her is her empathy. She saw my pain. She recognized the weight I was carrying as a father trying to do everything right. On days when I questioned whether I was doing enough, Emory consistently reminded me that I was doing amazing — even when I didn’t feel like my best self. She pointed out the victories I had already achieved before she and her team ever stepped in. That perspective restored my confidence. “Relax — we’ve got this,” she would say, these struggles may feel like loses right now, but soon they will be your victories— and she meant it. She fought fiercely for the protections my daughters deserved while also protecting me emotionally through the process.

This firm was the greatest blessing of my year. To the fathers out there: I know how heavy this road can feel. But when you have Balekian Hayes in your corner, the burden truly lifts. They honor your role. They fight for your family. They believe in you when you need it most.

Personally, I know what it feels like to lie awake at night wondering if you’re doing enough… if you’re going to protect your children… if the system will truly see your heart. I lived it. As a father fighting for my daughters and the protections they deserve, I needed more than legal advice — I needed a team that understood what was truly at stake. From day one, Balekian Hayes saw my passion, my effort, and my unwavering commitment to put my girls first. They didn’t just represent me or defend me in court — they strengthened me as a father. Without hesitation, I can say this firm was the greatest blessing of my year.
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To my team I am beyond thankful for your effort, thank you all so much for these blessings we get to live.

If you’re praying for help — this is your sign. Make the call.

John

“Dedicated lawyers who will work hard and fight for you. Kris and Justin went above and beyond in my case. A big thanks to both of them. I would not hesitate to recommend.”

Dustin

“Balekian Hayes is the best law firm I’ve ever had the pleasure of doing business with. Very happy with everything!”

Travis

“I had a fantastic experience with Balekian Hayes law firm and highly recommend them. I initially met with Kris in 2007 regarding a potential divorce. She immediately knew what an emotionally challenging and stressful time this was going to be for me and didn’t want me to be alone during this journey. She helped me plan effectively to protect myself, my financial future, and my time with my kids. I interviewed several attorneys prior to meeting her, but none had the compassion and law knowledge combination that she and her team did. Hiring her was one of the best decisions I’ve ever made.”

Elizabeth

“Ms. Hayes was not only an excellent attorney throughout the duration of my case, but counseled me through some very tough financial decisions and marital obstacles outside of litigation. We forged a friendship that will last well beyond our professional relationship and I was blessed to have her on my side.”

Previous Client

“She was and continues to be professional, caring, and honest.
Ms. Balekian Hayes is a bulldog who fights for what’s best for the child.”

– Krystal

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