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.