When spouses cannot agree on property, children, or support, a Texas divorce becomes contested — and everything about the case changes. Deadlines matter more, evidence matters more, and early mistakes compound. The Piri Law Firm’s contested divorce lawyer team represents clients from our Downtown Dallas office at 2001 Ross Ave, Suite 700, a short walk from the George Allen Sr. Courts Building where Dallas County’s family district courts sit.
This guide explains how contested divorces actually unfold in Dallas County — the residency rules, the community property system, the timeline, and the strategic decisions that determine outcomes.
What Makes a Divorce “Contested” in Texas?
A divorce is contested whenever the spouses disagree on any material issue: how to divide the house, retirement accounts, or a business; who will be the children’s primary conservator; whether spousal maintenance is owed; or whether fault grounds like adultery or cruelty should affect the property split. Texas allows no-fault divorce on the ground of “insupportability,” but fault grounds still exist and can influence how a judge divides the estate.
Contested does not necessarily mean trial. The overwhelming majority of contested Dallas County divorces settle — usually at mediation — but they settle on terms shaped by how well each side prepared. If you and your spouse agree on everything, an uncontested divorce is faster and far less expensive, and we’ll tell you honestly if that’s the better path.
Residency and the 60-Day Waiting Period
To file in Dallas County, at least one spouse must have lived in Texas for the preceding six months and in Dallas County for the preceding 90 days. Texas also imposes a mandatory waiting period: with narrow exceptions involving family violence, a court cannot grant a divorce until at least 60 days after filing. In practice, contested cases take far longer — six to eighteen months is typical, depending on the complexity of the estate and the level of conflict over the children.
Texas Is a Community Property State — But the Split Isn’t Automatically 50/50
Under the Texas Family Code, property acquired during the marriage is presumptively community property, regardless of whose name is on the title or account. Separate property — assets owned before marriage, or received during marriage by gift or inheritance — remains the owner’s, but only if proven by clear and convincing evidence, often through a tracing analysis of financial records.
Here is what surprises many Downtown Dallas clients: Texas courts divide the community estate in a manner that is “just and right” — not automatically equal. Judges can and do order disproportionate divisions based on fault in the breakup of the marriage, disparity in earning capacity, health, who has primary custody of the children, and wasting of community assets.
Common battlegrounds include:
- The marital home — sell, offset with other assets, or award to the parent with primary custody
- Retirement accounts and pensions — divisible via Qualified Domestic Relations Orders (QDROs), with community and separate portions often mixed
- Businesses and professional practices — requiring valuation experts and careful handling of goodwill
- Reimbursement claims — when community funds improved separate property or vice versa
- Hidden assets — addressed through subpoenas, depositions, and forensic accounting
Children in a Contested Divorce
When children are involved, the divorce includes a full custody component: conservatorship, a possession schedule, and child support. Those issues follow the best-interest standard explained by our child custody lawyer team, and support follows the guideline percentages covered on our child support lawyer page. Strategically, the custody and property sides interact: the parent with primary custody often has a stronger claim to the house and to a disproportionate share of the estate, and temporary orders entered early tend to harden into the final result.
The Contested Divorce Timeline in Dallas County
- Original Petition and service. One spouse files; the other is served or waives service. A standing order takes effect protecting property and children from unilateral changes while the case is pending.
- Temporary orders hearing. Within weeks, the court sets temporary custody, support, use of the home and vehicles, and sometimes interim attorney’s fees. Do not attend this hearing unrepresented if you can avoid it.
- Discovery. Required disclosures, document production, interrogatories, and depositions map the estate and the parenting evidence.
- Mediation. Dallas County family courts almost always order mediation before trial. A mediated settlement agreement, once signed, is binding and largely irrevocable — which is why you negotiate it with full information, not before discovery is done.
- Trial. If issues remain, a judge decides them. Texas is the rare state that allows jury trials on certain issues, such as which parent designates the child’s primary residence.
- Decree and post-decree work. The Final Decree of Divorce is drafted, entered, and implemented — deeds, QDROs, title transfers, and name changes.
Fault, Adultery, and Spousal Maintenance
Adultery, cruelty, abandonment, and felony conviction remain grounds for divorce in Texas, and proving fault can support a disproportionate property division. Separately, Texas allows court-ordered spousal maintenance only in limited circumstances — generally marriages of ten years or more where the requesting spouse cannot meet minimum reasonable needs, cases involving a recent family violence conviction, or disability of a spouse or a child in the spouse’s care. Amounts are capped at the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income. Our spousal support lawyer page covers eligibility and duration limits in depth.
Special Considerations for Immigrant Spouses
Divorce can raise immigration questions: conditional green cards based on marriage, pending family-based petitions, and the immigration consequences of protective orders or criminal allegations that sometimes accompany a high-conflict split. The Piri Law Firm is unusual among Dallas family law practices in that we also maintain a full immigration divorce practice, allowing us to plan the divorce with your status in mind rather than discovering the problem afterward. Consultations are available in Spanish and French.
Protect Yourself Early: Practical Steps
- Gather three years of financial records — tax returns, bank and brokerage statements, retirement summaries, mortgage documents — before access becomes contested.
- Inventory property, including photographs of significant items.
- Change passwords on personal email and accounts; assume shared devices are not private.
- Do not move out of the marital home, sign anything, or agree to an informal possession schedule without legal advice.
- Stay off social media. Posts routinely become exhibits.
- If there is family violence, ask about protective orders immediately — safety comes before strategy. TexasLawHelp.org maintains free safety-planning resources, and the Dallas County District Clerk at the George Allen Courts Building handles filings.
Why The Piri Law Firm
Michael Piri’s Texas practice spans Family Law, Criminal Defense, Personal Injury, and Immigration — verifiable on his State Bar of Texas profile. He holds a J.D. from St. Mary’s University School of Law and is fluent in Spanish and French. The firm offers free 30-minute consultations, flat-fee and payment-plan options, virtual appointments, and 24/7 phone availability. Visit our Downtown Dallas office page for directions, and see client reviews on our Google Business Profile.
Frequently Asked Questions
How long does a contested divorce take in Dallas County?
At minimum 60 days by statute, but contested cases realistically run six to eighteen months depending on the property estate, custody disputes, and the court’s docket.
Does Texas split everything 50/50 in a divorce?
No. Texas divides community property in a “just and right” manner, which is often unequal. Fault, earning disparity, custody of children, and wasted assets can all justify a disproportionate division.
Does adultery matter in a Texas divorce?
It can. Adultery is a fault ground that may support awarding the innocent spouse a larger share of the community estate, though it rarely affects custody unless the conduct impacted the children.
Can my spouse make me leave the house during the divorce?
Not unilaterally. Use of the home is decided at the temporary orders hearing. Absent family violence, moving out voluntarily can affect leverage, so get advice before making that decision.
What if my spouse hides money or assets?
Discovery tools — subpoenas, depositions, forensic accountants — exist to find hidden assets, and courts can punish concealment with a disproportionate division and attorney’s fees.
The Piri Law Firm — Downtown Dallas Office
2001 Ross Ave, Suite 700, Dallas, TX 75201 · (833) 600-0029 · Free 30-minute consultation, 24/7 · Nosotros hablamos español
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This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
