Arlington, Texas Divorce Lawyers

Divorce Attorneys Guiding You Through Property Division, Support, Filing Requirements, and More in Arlington, TX

If you are preparing to end your marriage in Arlington, your case will be governed by Texas family law and filed with the Tarrant County District Clerk. Texas does not require you to prove that your spouse did something wrong in order to divorce. The law does, however, set firm rules about where you may file, how long your case must remain pending before a judge can sign your decree, and how your property, debts, and income are treated. Having skilled legal representation on your side during your case can make the process much easier.

Powell Law Offices, P.C. brings more than 50 years of combined legal experience to divorce and family law, and Attorney Lauren Powell has represented individuals and small business owners for more than 20 years. You can trust our Arlington divorce lawyers to give your case the attention it deserves, looking out for your best interests from start to finish.

What Grounds Do You Need to File for Divorce in Texas?

Most Texas divorces use the ground of insupportability. That means the marriage has broken down because of conflict, with no reasonable hope of repair. A judge can grant the divorce without deciding who was at fault, and your spouse does not have to agree the marriage is over. These rules apply to every married couple in Texas, including spouses seeking an LGBTQ divorce.

Still, Texas allows fault grounds, such as cruelty, adultery, certain felony convictions, and abandonment. A felony can qualify if your spouse was convicted during the marriage, spent at least one year in prison, and was not pardoned. Abandonment means your spouse left on purpose and stayed away at least one year.

Making a case for a fault-based divorce is a strategy question. It can affect the money side of your case, but it also raises conflict and cost.

How Do You Prove an Asset Is Separate Property During a Texas Divorce?

Texas is a community property state. Community property is what either spouse acquired during the marriage. Separate property is what you owned before the marriage, what you received as a gift or inheritance, and money for personal injuries other than lost wages.

Anything either spouse holds at the time of divorce is presumed community property. To prove an asset is separate, you need clear and convincing evidence. That might include paperwork such as deeds, account statements, and gift or inheritance records. In a high-conflict divorce, disputes over whether property is separate or community can become a major issue.

What Does a Just and Right Property Division Mean in an Arlington, Texas Divorce?

The court will divide community property in a way that the judge finds just and right, which does not always result in equal distribution. The court can weigh each spouse's earning power, the custody plan, and how each spouse behaved. In a high-asset divorce, the court may also need to sort through businesses, investments, multiple properties, and other valuable assets. The house often drives the rest of the deal, since one spouse keeping it usually means giving up something else or refinancing.

If one spouse wastes or hides community property—an action known as asset dissipation—a judge could give the other spouse a larger share of the estate, order payment, or both. If you suspect asset dissipation, Powell Law Offices, P.C. will help you gather proof early.

Who Qualifies for Spousal Maintenance in a Texas Divorce?

Court-ordered spousal maintenance, commonly called alimony, is harder to get in Texas than in some states. You must lack enough property, including separate property, to meet your minimum reasonable needs. One of these must also be true:

• Your spouse was convicted of or received deferred adjudication for a family violence offense against you or your child within two years before filing or while the case is pending.
• You cannot earn enough because of a disabling physical or mental condition.
• Your marriage lasted 10 years or longer, and you cannot earn enough to meet your minimum reasonable needs.
• You care for a child of the marriage, of any age, whose disability requires substantial care.

Meeting one of those tests opens the door, but the law limits how long maintenance may last. Most orders last no more than five years for marriages under 20 years, seven years for marriages of 20 to 30 years, and 10 years for marriages of 30 years or more.

Can You Change or Enforce a Texas Divorce Decree After It Is Final?

If your income, parenting schedule, or living situation changes, post-decree modifications may let you ask the court to change child support or conservatorship terms. Property division usually cannot be changed after the decree is final.

If your former spouse does not follow the order, enforcement lets you ask the court to make them comply. The judge may order unpaid support to be paid, require property to be transferred, or use contempt when allowed by law.

Contact Our Arlington, Texas Divorce Attorneys Today

At Powell Law Offices, P.C., we help you identify what is actually at stake, gather the financial records that support your position, and pursue a resolution through negotiation, mediation, or trial. Contact our Arlington, TX divorce lawyers at 972-584-9382 to schedule your free consultation by phone, video, or in person.