DALLAS DIVORCE LAWYERS

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FAQ High-Asset Divorce · Board-Certified Family Lawyer in Dallas

Does It Matter Who Files First for Divorce in Texas?

It can, depending on your situation. In a Texas divorce, the person who files first (the Petitioner) starts the process by stating they want the marriage dissolved and identifying the grounds—most often the no-fault ground of insupportability. That spouse also pays the initial filing and service fees, which typically run a few hundred dollars.

If you and your spouse live in different counties that both qualify under the residency rules (six months in Texas and 90 days in the county), the person who files first usually gets to choose the county. The tone of the petition matters too. A measured, straightforward petition can keep the door open for mediation or settlement. A more aggressive one can set a more adversarial tone from the start.

Filing also starts the clock: the other spouse has roughly 20 days to respond, and the mandatory 60-day waiting period begins. If the case eventually goes to trial, the Petitioner generally presents their case first. Whether that is an advantage depends on the facts.

Every case is different. A Board-Certified Dallas family law attorney can walk you through the practical pros and cons for your specific circumstances before you decide whether to file.

How Does Domestic Violence Affect Divorce in Texas?

Domestic violence is taken seriously by Texas courts even though it is not listed as a separate ground for divorce. Cruelty is a recognized fault ground, and a history of family violence can influence temporary orders, conservatorship, and property division.

If you or your children are in immediate danger, you can ask the court for an emergency protective order. These orders can be issued quickly and may last up to 20 days; a final protective order can last up to two years. In cases involving family violence, the court also has the authority to waive the usual 60-day waiting period so the divorce can move forward more quickly.

Safety comes first. If you are dealing with family violence in a Dallas divorce, speak with a family law attorney who understands both the protective-order process and the local courts before you file.

How Do Children Affect Divorce in Texas?



Having children does not change the basic residency or filing requirements, but it adds an important layer to the case. Texas courts decide conservatorship (the legal rights and duties of each parent) and possession and access (the parenting schedule) based on the best interest of the child. The child’s “home state” is generally the place where the child has lived for the six months before the case is filed.

A child-support calculation must be included with any orders involving the children. Parents can reach their own agreement on conservatorship, the possession schedule, and support—either directly or through mediation—and present it to the court. If they cannot agree, the judge will decide. Dallas County family courts regularly handle these issues and apply the Texas Family Code standards.

An experienced Dallas divorce lawyer can help you understand how the best-interest standard, the Standard Possession Order, and any local practices will apply to your family.

When Is a Divorce Final in Texas?

A Texas divorce is final when the judge signs the Final Decree of Divorce and the decree is filed with the county clerk. The decree is the court order that legally ends the marriage and sets out the terms for property division, child-related issues, and any other agreements or rulings. It becomes a public record once it is filed.

Until that signed and filed decree exists, you are still married.

Do I Need an Attorney for a Divorce in Texas?

Texas law does not require you to hire a lawyer. In a truly simple, fully agreed case with no children and few assets, some people handle the paperwork themselves. Most divorces, however, involve decisions that affect your children, your finances, or both for years to come.

Emotions run high, and it is easy to overlook deadlines, mischaracterize property, or agree to terms that look fair in the moment but create problems later. A Dallas divorce attorney who is Board Certified in Family Law can keep the process on track, protect your rights, and help you make decisions with a clear head. That guidance is especially valuable when the case involves children, a business, retirement accounts, or other significant assets.

My Spouse and I Agree. Can We Use the Same Attorney for a Divorce in Texas?

No. An attorney can represent only one party in a divorce. Representing both spouses would create a conflict of interest and would violate the attorney-client privilege. Even in a fully amicable case, each spouse is entitled to independent advice. Many couples still resolve their divorce efficiently when each person has their own counsel who is focused on a practical, fair outcome.

How Soon Can Individuals Remarry After a Divorce in Texas?

Texas imposes a 30-day waiting period after the divorce is finalized before either person may remarry. The court can waive that waiting period in limited situations, such as when one spouse is being deployed by the military. Outside of those exceptions, the 30-day rule applies.

How Much Does a Divorce Cost in Dallas, Texas?

Cost depends on how complex the issues are and how the case is resolved. An uncontested divorce where both spouses agree on the major terms is almost always less expensive than a contested case involving child-custody disputes, business valuations, or significant property. Cases that settle through negotiation or mediation typically cost less than those that require extensive discovery, hearings, or trial.

In rare situations a court may order one spouse to contribute to the other’s attorney’s fees—usually when there is a large income disparity or when one party has unnecessarily prolonged the litigation. A Board-Certified family law attorney can give you a realistic range after reviewing the specific issues in your case.