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 under Texas Family Code Section 6.702—meaning the petition must be on file for at least 60 days before a judge can grant the divorce. During that 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 resources based on the number of children before the court:
- 1 child: 20% of net monthly resources
- 2 children: 25% of net monthly resources
- 3 children: 30% of net monthly resources
- 4 children: 35% of net monthly resources
- 5+ children: at least 40% of net monthly resources
These are guideline starting points, not the whole rule. Several factors can change the actual number: the guidelines apply only up to a statutory cap on net monthly resources (currently $9,200, adjusted by the Texas Office of the Attorney General every six years), and the percentages are reduced when the obligor has other children outside the case who they’re legally required to support. Courts can also order support above guidelines when circumstances warrant, particularly in high-income cases, or below guidelines when the evidence shows guideline support would not be in the child’s best interest. 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 and the basis for the award:
- Marriages under 10 years (with family violence): up to 5 years
- 10 to 20 years: up to 5 years
- 20 to 30 years: up to 7 years
- 30+ years: up to 10 years
- Disability or caring for a child with a disability: may continue as long as the qualifying condition exists, even beyond the limits above
The amount cannot exceed $5,000 per month or 20% of the paying spouse’s average gross monthly income, whichever is less.
What Is the Divorce Process in Dallas County?
The divorce process in Dallas County follows these general steps:
- 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.
- 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.
- Waiting Period: The petition must be on file for at least 60 days before a judge can grant the divorce.
- 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.
- Temporary Orders: Courts may issue temporary orders establishing custody arrangements, support payments, and property use during the divorce.
- Mediation: Dallas County requires most divorcing couples to attempt mediation before trial. A neutral mediator helps parties negotiate settlements.
- Trial or Settlement: Most cases settle before trial. If parties cannot agree, a judge decides all contested issues after hearing evidence.
- 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 generally has until 10:00 a.m. on the Monday next following the expiration of 20 days from the date of service to file an answer. If they fail to respond by that deadline, 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—no judge can grant a divorce before the petition has been on file for at least 60 days. 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.
Our Dallas Office
Our Dallas office sits in the heart of the Arts District at 2100 Ross Avenue, Suite 950. We are roughly half a mile from the George L. Allen, Sr. Courts Building at 600 Commerce Street—where Dallas County family courts hear divorce, custody, and post-decree matters. Being this close to the courthouse means our attorneys can move quickly between hearings, filings, and client meetings without losing a half-day to travel.
The Ross Avenue tower offers paid parking on-site, with public lots within a block in every direction. Visitors can also reach us via DART by exiting at the St. Paul or Pearl/Arts District stations and walking a few blocks to our building. The office is wheelchair accessible, and we are happy to validate parking for client meetings.
If you would prefer not to come downtown, we also offer video and phone consultations for clients across the Dallas-Fort Worth metroplex, including Plano, Frisco, McKinney, Richardson, Garland, Mesquite, Irving, Carrollton, Highland Park, and University Park.
Other Divorce Situations We Handle
Grounds for Divorce in Texas: No-Fault and Fault-Based
Texas allows both no-fault and fault-based divorce. Most divorces are filed on the no-fault ground of “insupportability”—the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage. Texas also recognizes six fault grounds: cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital. Filing on a fault ground can affect property division and, in some cases, custody decisions—but it also requires evidence and can significantly extend the timeline. We help clients weigh whether fault grounds are worth pursuing in their specific situation.
Annulment and Suit to Declare Marriage Void
An annulment treats the marriage as if it never legally existed, available in narrow circumstances such as one spouse being underage at the time of marriage, one party being intoxicated when they married, fraud or duress, mental incapacity, or impotency. A suit to declare a marriage void applies to marriages that were never legally valid—such as bigamy or incestuous marriages. These differ from divorce in important ways and have different effects on property and children.
Common-Law Marriage Dissolution
Texas recognizes informal (common-law) marriages when a couple has agreed to be married, lived together as spouses, and represented to others that they were married. Once established, an informal marriage must be dissolved through a divorce just like a formal marriage. We handle cases where the existence of the marriage itself is disputed, including situations where the question must be resolved before property and custody issues can be addressed.
Military Divorce
Divorces involving active-duty service members or veterans bring additional layers: the Servicemembers Civil Relief Act may stay proceedings during deployment, the Uniformed Services Former Spouses’ Protection Act governs how military retirement is divided, and TRICARE coverage and base housing have their own rules. Residency requirements can also be more flexible when one spouse is stationed in Texas. Our attorneys have handled divorces for Army, Navy, Air Force, Marines, and reservists at installations across Texas.
LGBTQ+ Divorce
Same-sex divorces in Texas follow the same Family Code as any other divorce, but unique issues can arise—particularly when the marriage was preceded by years of cohabitation before same-sex marriage was legally available. Determining when the “marriage” began for property characterization purposes can substantially affect outcomes. Premarital cohabitation agreements, prior domestic partnership registrations, and out-of-state ceremonies all come into play.
Same-Sex Parent Custody
Parentage in same-sex parent families can be complicated when only one parent has a biological or adoptive legal connection to the child. Texas does not automatically recognize a non-biological parent as a legal parent without adoption or a court order, even when both parents raised the child together from birth. We help clients navigate adoption, parentage suits, and custody arrangements that protect the parent-child relationship regardless of biology.
Retirement Accounts and QDROs
Dividing retirement plans like 401(k)s, pensions, and certain federal retirement accounts requires a Qualified Domestic Relations Order (QDRO) or its federal equivalent. The divorce decree alone is not enough—the plan administrator needs a separate court order that meets specific federal and plan-level requirements. Mistakes in QDRO drafting can cost a client tens of thousands of dollars in lost benefits, taxes, or penalties. We coordinate with QDRO specialists to make sure retirement assets are divided correctly.
What to Bring to Your Consultation
The more information you can bring to your initial consultation, the more concrete and useful our advice can be. You do not need everything on this list to meet with us—come even if you have nothing—but anything you can gather helps:
- A timeline of the marriage: date of marriage, date of separation (if applicable), and dates of any prior filings or court orders
- Names and ages of any children of the marriage
- Recent pay stubs and the most recent tax returns for both spouses, if available
- A list of major assets: real estate, vehicles, retirement accounts, investment accounts, business interests
- A list of major debts: mortgages, vehicle loans, credit cards, student loans, business debt
- Any prior court orders, including from a previous divorce, custody case, or protective order
- Any prenuptial or postnuptial agreement
- Documentation of separate property: assets owned before marriage, inheritances, gifts
- Photos, screenshots, or copies of communications you believe are relevant (do not record audio without legal advice—Texas wiretap rules apply)
- A written list of your goals and concerns, especially regarding children, property, and timing
Watch: What to Expect at Your Family Law Consultation
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.
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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.
What are the grounds for divorce in Texas?
Texas allows both no-fault and fault-based divorce. The most common ground is insupportability—essentially irreconcilable differences. Texas also recognizes six fault grounds: cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital. Filing on a fault ground requires proof and can affect property division and custody, but it also typically extends the case.
What is the difference between annulment and divorce?
A divorce ends a valid marriage. An annulment treats the marriage as if it never legally existed and is only available in narrow circumstances—such as fraud, duress, mental incapacity, intoxication at the time of marriage, or one party being underage. Most people who think they need an annulment actually qualify only for a divorce.
How do I dissolve a common-law marriage in Texas?
A common-law (informal) marriage in Texas requires the same divorce process as any formal marriage. Once an informal marriage is established—through agreement to be married, cohabitation, and holding out as married to others—it cannot be ended just by separating. You have to file for divorce. If the existence of the marriage itself is disputed, the court must resolve that question before addressing property and custody.
How is military retirement divided in a Texas divorce?
Military retirement is divided under the federal Uniformed Services Former Spouses’ Protection Act (USFSPA) along with Texas community property rules. Generally, only the portion of military retirement earned during the marriage is divisible as community property. The 10/10 rule (10 years of marriage overlapping 10 years of service) determines whether DFAS will pay the former spouse directly. Military divorce involves additional considerations including the SCRA, TRICARE, and Survivor Benefit Plan elections.
How are retirement accounts and 401(k)s divided?
Retirement accounts earned during the marriage are typically community property and subject to division. To divide most employer-sponsored plans like 401(k)s and pensions, the court must enter a Qualified Domestic Relations Order (QDRO) in addition to the divorce decree. The QDRO instructs the plan administrator on how to split the account. Without a properly drafted QDRO, the division on paper does not actually move the money. We coordinate with QDRO specialists to make sure retirement assets transfer correctly.
What does a non-biological parent need to do to protect custody rights in a same-sex marriage?
Texas does not automatically treat a non-biological parent as a legal parent, even within a same-sex marriage. Adoption—including stepparent adoption—remains the strongest legal protection for the parent-child relationship. Without adoption or a court order establishing parentage, a non-biological parent’s standing to seek custody or visitation can be challenged. We help families establish and protect those legal relationships.
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.