Family Law FAQ
Family Law FAQ
Direct answers to the questions Dallas-area clients ask most about family law matters.
Answers, Directly
Family Law FAQ
What counts as 'family violence' under Texas law?
Family Code §71.004 defines family violence broadly to include an act intended to cause physical harm, assault, or a threat that reasonably places a family member in fear of harm.
A finding of family violence can affect custody determinations, remove the standard 60-day divorce waiting period, and support a protective order application in Dallas County.
How is spousal maintenance decided in Dallas County?
Texas spousal maintenance (alimony) is not automatic — it’s only awarded when specific statutory conditions are met, such as a marriage of at least 10 years combined with an inability to meet basic needs.
Family Code Chapter 8 caps both the amount and duration of maintenance in most cases, so it functions differently than the open-ended alimony some other states allow.
Is Dallas County a 'no-fault' divorce jurisdiction?
Texas allows no-fault divorce based on ‘insupportability,’ meaning the marriage has become unworkable due to conflict, without needing to prove wrongdoing.
Texas also still permits fault-based grounds such as adultery or cruelty, which can sometimes affect the property division even though Dallas courts don’t require fault to grant a divorce.
How is property divided in a Texas divorce?
Texas is a community property state, meaning most property acquired during the marriage is divided in a manner the court considers ‘just and right,’ which is not always a strict 50/50 split.
Separate property — such as assets owned before marriage or received as a gift or inheritance — generally remains with the spouse who owns it, provided it can be clearly traced.
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