Dallas Divorce Lawyer

Our Dallas divorce lawyer helps you end your marriage legally while protecting your children, property, and financial future. At Varghese Summersett, our dedicated family law team guides Dallas County residents through every stage of divorce, from filing the initial petition to finalizing custody arrangements and dividing assets. Led by Partner Turner Thornton, our family lawyers focus exclusively on family law, giving you attorneys who know Dallas County courts and understand what Texas judges expect.

Texas requires a 60-day waiting period before any divorce can be finalized under Texas Family Code Section 6.702. During this time, couples must address property division, child custody, child support, and potentially spousal maintenance. Whether you face an amicable split or a contested battle over assets worth millions, having an experienced attorney makes the difference between a fair outcome and years of regret.

Why Choose Varghese Summersett for Your Dallas Divorce?

Our family law attorneys practice family law exclusively. We do not split our attention between criminal cases, personal injury claims, and divorce matters. This singular focus means we stay current on family court procedures, know the tendencies of Dallas County judges, and understand how to position your case for success.

Our team has earned recognition from D Magazine and other publications as top family lawyers in the Dallas-Fort Worth area. We have a team of over 70 professionals across four Texas offices, including our Dallas location at 2100 Ross Avenue. Every case receives a personalized strategy tailored to your circumstances, whether you need aggressive representation in a contested divorce or guidance through a collaborative resolution. We believe in clear communication, realistic expectations, and fighting for outcomes that protect your future.

What Types of Divorce Cases Does Your Firm Handle?

Uncontested Divorce

When both spouses agree on all major issues, an uncontested divorce offers the fastest path forward. These cases typically resolve within 60 to 90 days, cost significantly less than contested matters, and allow couples to maintain control over their outcomes. Even in uncontested cases, having an attorney review agreements protects you from overlooking assets, accepting unfair terms, or creating provisions that courts will reject.

Contested Divorce

When spouses disagree about property division, custody arrangements, or support obligations, contested divorce requires skilled negotiation and, sometimes, courtroom advocacy. Our attorneys prepare every contested case as if it will go to trial, positioning our clients for favorable settlements while standing ready to litigate when necessary.

High Net Worth Divorce

High net worth divorces involve complex assets like business interests, stock options, real estate portfolios, and retirement accounts. These cases often require forensic accountants, business valuation experts, and specialists who understand how to trace separate property claims. Our attorneys have experience handling divorces involving substantial marital estates.

Collaborative Divorce

For couples who want to avoid courtroom battles, collaborative divorce offers a structured negotiation process. Both parties and their attorneys commit to reaching agreements outside court. If negotiations fail, both attorneys must withdraw, creating strong incentives to find workable solutions.

How Does Property Division Work in Texas?

Texas follows community property rules under Texas Family Code Chapter 7. This means courts presume that all property acquired during the marriage belongs to both spouses equally. However, “equal” does not always mean “50/50.” Judges can order a just and right division that accounts for factors like:

• Fault in the breakup of the marriage (adultery, cruelty, abandonment)
• Disparity in earning capacities between spouses
• Each spouse’s health and age
• Who will have primary custody of children
• Separate property each spouse brought to the marriage

Separate property, which includes assets owned before marriage, inheritances, and gifts, generally remains with the original owner. Proving separate property requires tracing assets back to their source, which becomes complicated when funds have been mixed in joint accounts over years of marriage.

Ready to protect your assets? Call (214) 903-4000 to discuss your property division concerns with our team.

What Should I Know About Child Custody in Dallas?

Texas uses the term “conservatorship” rather than custody. Under Texas Family Code Chapter 153, courts generally appoint parents as joint managing conservators, meaning both parents share in major decisions about the child’s education, medical care, and religious upbringing. One parent typically has the right to determine the child’s primary residence.

Courts make custody decisions based on the best interest of the child. Factors judges consider include:

• The child’s physical and emotional needs
• Each parent’s ability to provide a stable home
• The child’s preference (if age 12 or older)
• Any history of family violence or substance abuse
• Each parent’s willingness to encourage a relationship with the other parent

Our child custody attorneys fight for arrangements that protect your relationship with your children while serving their best interests.

How Is Child Support Calculated in Texas?

Child support in Texas follows statutory guidelines under Texas Family Code Chapter 154. The non-custodial parent typically pays a percentage of net monthly income based on the number of children:

• 1 child: 20% of net income
• 2 children: 25% of net income
• 3 children: 30% of net income
• 4 children: 35% of net income
• 5+ children: 40% of net income

Net income caps apply to guideline support. For 2024, the cap applies to the first $9,200 of monthly net resources. Courts can order support above guidelines when circumstances warrant, particularly in high-income cases. Use our Texas child support calculator for an estimate of what you might pay or receive.

Can I Get Spousal Support in Texas?

Texas courts award spousal maintenance (alimony) only in limited circumstances under Texas Family Code Chapter 8. You may qualify if your marriage lasted at least 10 years and you lack sufficient property to provide for minimum reasonable needs. Courts also consider spousal maintenance when family violence occurred during the marriage or when a spouse has a disability.

Maximum duration depends on marriage length. For marriages lasting 10 to 20 years, courts can order maintenance for up to 5 years. Marriages lasting 20 to 30 years may receive up to 7 years. Marriages exceeding 30 years may qualify for up to 10 years of support. The amount cannot exceed $5,000 per month or 20% of the paying spouse’s gross income, whichever is less.

What Is the Divorce Process in Dallas County?

The divorce process in Dallas County follows these general steps:

1. Filing the Petition: One spouse files an Original Petition for Divorce with the Dallas County District Clerk. The petition states grounds for divorce and outlines requests for property division, custody, and support.
2. Serving the Other Spouse: The non-filing spouse must receive formal notice of the divorce. This can happen through a process server, waiver of service if both parties agree, or publication if the spouse cannot be located.
3. Waiting Period: Texas requires a 60-day minimum waiting period before finalizing any divorce.
4. Discovery: Both parties exchange financial documents, respond to written questions, and may take depositions. This phase ensures both sides understand the full picture of marital assets and debts.
5. Temporary Orders: Courts may issue temporary orders establishing custody arrangements, support payments, and property use during the divorce.
6. Mediation: Dallas County requires most divorcing couples to attempt mediation before trial. A neutral mediator helps parties negotiate settlements.
7. Trial or Settlement: Most cases settle before trial. If parties cannot agree, a judge decides all contested issues after hearing evidence.
8. Final Decree: The court enters a Final Decree of Divorce that legally ends the marriage and establishes all terms.

Have questions about your divorce timeline? Our attorneys can explain what to expect based on your specific circumstances.

Watch: Top Piece of Advice in a Divorce

What If My Spouse Refuses to Cooperate?

You can still get divorced in Texas even if your spouse refuses to participate. After proper service, your spouse has until the first Monday following 20 days to file an answer. If they fail to respond, you can request a default judgment. The court can grant your divorce and enter orders on property and custody without your spouse’s input.

When a spouse actively obstructs the process by hiding assets, refusing to provide financial documents, or violating temporary orders, courts have tools to compel compliance. Judges can hold uncooperative spouses in contempt, impose sanctions, and consider bad behavior when dividing property.

How Long Does a Divorce Take in Dallas?

The minimum timeline is 60 days from filing to finalization. In practice, most divorces take longer:

• Uncontested divorces: 60 to 90 days
• Contested divorces without complex issues: 6 to 12 months
• High-conflict or high-asset divorces: 12 to 24 months or longer

Factors that extend timelines include disputes over custody, the need for business valuations, discovery disputes, and crowded court dockets. Our attorneys work to resolve cases efficiently while never sacrificing thoroughness for speed.

Client Testimonials

“From the very first phone call, we felt the peace of being in capable and caring hands. The professionalism and relational quality displayed by every member of the Varghese Summersett team was impressive.” – M.D.

“Turner Thornton’s professionalism and knowledge are excellent. He listened to my story, explained the next steps, and allowed me to decide my path.” – S.E.

Frequently Asked Questions About Dallas Divorce

How much does a divorce cost in Dallas?

Divorce costs vary widely based on complexity. Uncontested divorces may cost a few thousand dollars, while contested cases involving custody disputes and significant assets can cost tens of thousands. During your initial consultation, we provide fee estimates based on your specific situation.

Can I date during my divorce?

While no law prohibits dating during divorce proceedings, doing so can create complications. A new relationship may affect custody determinations if courts believe it exposes children to instability. Money spent on a new partner could be considered waste of community assets. We generally advise clients to wait until the divorce is final.

Do I have to go to court?

Most divorces settle without trial. However, at least one spouse must appear before a judge for the final hearing, which typically lasts 15 to 30 minutes. If your case goes to trial, both parties will need to testify and present evidence.

What if my spouse earns more than me?

Texas law accounts for income disparities. Courts can award a disproportionate share of community property to the lower-earning spouse. You may also qualify for spousal maintenance if you meet statutory requirements. Our attorneys protect clients who face financial disadvantages in divorce.

Can I modify custody or support orders later?

Yes. Texas allows modifications when material and substantial changes in circumstances occur. Job loss, relocation, changes in the child’s needs, or a parent’s remarriage can all justify modifications. Our firm handles modification cases for clients whose circumstances have changed.

Protect What Matters Most

Divorce affects every aspect of your life, from your finances to your relationships with your children. You deserve an attorney who understands the stakes and fights for your future. At Varghese Summersett, our Dallas divorce lawyers combine legal expertise with genuine compassion for what you are experiencing.

Contact us today to discuss your situation. Call (214) 903-4000 or visit our Dallas office at 2100 Ross Avenue, Suite 950, Dallas, TX 75201.