- Home
- Arlington | Divorce
Arlington | Divorce
Legal Support for Divorce and Family Law Matters
Arlington Divorce Lawyer
Divorce is one of life’s most challenging experiences, legally as well as emotionally. If you’re facing the end of a marriage in Arlington, Texas, having an experienced divorce lawyer by your side can make all the difference.
From filing paperwork to negotiating settlements and representing your interests in court, an Arlington divorce attorney serves as your advocate, guiding you through every step of the process. Texas family law is complex, and the outcome of your divorce can impact your financial stability, parental rights, and future well-being. A skilled law firm ensures your rights are protected, your assets are fairly divided, and your children’s best interests remain a top priority.
Types of Divorce in Texas
Texas law recognizes several types of divorce, each with its own requirements and implications. Understanding your options is the first step toward a smoother transition.
- No-Fault Divorce: The most common type in Texas, a no-fault divorce allows couples to dissolve their marriage without assigning blame. The grounds are typically “insupportability” or “irreconcilable differences,” meaning the marriage cannot continue due to conflict or discord.
- Fault Divorce: In some cases, one spouse may seek a fault-based divorce, citing reasons such as adultery, cruelty, felony conviction, or abandonment. Proving fault can influence the division of assets and spousal support awards.
- Uncontested Divorce: Both parties agree on all major issues, including property division and child custody, allowing for a faster and less expensive process.
- Contested Divorce: Disagreements over key issues require court intervention, extending the timeline and cost of the divorce.
- Mutual Consent Divorce: Similar to an uncontested divorce, both spouses agree to end the marriage and amicably resolve all issues.
- Simplified Divorce: Available to couples with minimal assets and no children, this streamlined process saves time and legal fees.
- Collaborative Divorce: Both parties and their attorneys commit to resolving disputes outside of court, using negotiation and problem-solving.
- Annulment: In rare cases, a marriage may be annulled if it was invalid from the start due to fraud, coercion, or incapacity. Unlike divorce, this proceeding “nullifies” and voids the marriage completely. The parties are returned to their previous unmarried status, as if they had never been married.
Get In Touch
Phone
(817) 842-2336
Address
200 W. Oak Street Mansfield, TX 76063
Business Hours
Mon - Fri: 8:30 am - 4:00 pm
Wendy has worked on two separate family issues I have had. She always provides sound advice and recommendations regarding family law. She will always be the first person I go to when I have a question or a problem.
– Darcy
Fault vs. No-Fault Divorce in Texas
The distinction between fault and no-fault divorce is significant. In a no-fault divorce, neither spouse must prove wrongdoing; the marriage simply isn’t working and both parties seek dissolution. This is the most straightforward path and is favored for its efficiency and reduced conflict.
A fault divorce, on the other hand, requires evidence of misconduct, such as:
- Adultery
- Cruelty or domestic abuse
- Abandonment
- Felony conviction
Proving fault can impact how the court divides marital assets and awards custody, often favoring the spouse who was wronged. If you believe fault is a factor in your case, a knowledgeable Arlington divorce lawyer can help you gather evidence and present a compelling case.
Understanding Uncontested, Contested & Simplified Divorce
Each type has distinct differences based on a couple’s individual needs and situation:
- Uncontested Divorce: When both parties agree on all terms, an uncontested divorce is possible. Texas has a mandatory 60-day waiting period, and most uncontested divorces get finalized within 3 to 4 months. This process saves time, reduces legal fees, and minimizes stress.
- Simplified Divorce: For couples with no children and limited assets, a simplified divorce offers a fast-track solution, but eligibility is limited.
- Contested Divorce: If spouses cannot agree, the divorce becomes contested. This often involves court hearings, discovery, and potentially a trial. Contested divorces take longer and cost more.
Collaborative Divorce & Alternative Resolutions
Collaborative divorce is a modern approach that emphasizes cooperation over conflict. Each spouse retains an attorney, and together, they work with neutral professionals (such as financial advisors or child specialists) to reach a fair settlement. Collaborative divorce includes benefits such as:
- Lower legal fees and court costs
- Reduced emotional stress
- Faster resolution
- Better outcomes for parents and children
However, collaborative divorce requires mutual trust and a willingness to compromise. If the process fails, both parties must hire new attorneys. The process will likely take longer and add to the overall costs.
Divorce and Children: Custody, Support & Rights
Ending a marriage relationship that includes children must also include arrangements for them. Known as “conservatorship” in Texas, the court seeks to ensure that the children are cared for and continue a relationship with both parents, where appropriate.
Custody Arrangements and Legal Considerations
Texas law distinguishes between physical and legal custody:
- Physical Custody: Where the child lives and which parent provides day-to-day care.
- Legal Custody: The right to make major decisions about the child’s upbringing, including education, healthcare, and religion.
Custody can be sole or joint, and the court’s primary concern is the child’s best interests. Judges consider each parent’s involvement, the child’s needs, and any history of abuse or neglect. An experienced Arlington family law attorney can help you present a strong case for your preferred custody arrangement.
Child Support Guidelines in Texas
Texas state guidelines determine child support based on the noncustodial parent’s net income:
- 1 child: 20% of net income
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more: 40%
Both mothers and fathers are obligated to support their children. If circumstances change, modification of the support order can be requested through the court. Enforcement is strict: failure to pay child support can result in wage garnishment or even jail time.
Property Division and Financial Implications
Dividing Marital Property Equitably
Texas is a community property state, meaning most assets and debts acquired during a marriage are considered jointly owned and are divided equitably (not always equally) upon divorce. This includes:
- Real estate
- Bank accounts
- Retirement accounts (401(k), pensions)
- Business interests
- Debts
Separate property—assets owned before marriage or received as gifts/inheritance—remains with the original owner. A skilled Arlington divorce attorney will help identify, value, and protect your share of marital property.
High-Asset and Complex Divorce Issues
High-asset divorces often involve business valuations, investment portfolios, and hidden assets. Complex cases will require forensic accounting, expert testimony, and strategic negotiation to ensure a fair settlement or court judgment. Your attorney’s experience is critical in these situations.
Legal Representation for Unique Divorce Situations
Serving Diverse Clients and Family Structures
Arlington’s population is diverse, and family law must adapt to unique circumstances. Our firm has experience representing:
- LGBTQ and gay clients, ensuring equal treatment and addressing legal nuances
- Immigrants and non-U.S. citizens who are navigating international custody and property issues
- Culturally diverse families, respecting traditions and language needs
Gender-Specific Representation
Some clients prefer a divorce lawyer for men or a divorce lawyer for women, seeking an advocate who understands gender-specific concerns in custody and asset division. Our team provides tailored support to achieve your legal goals, regardless of your gender.
Navigating the Divorce Process
Starting the Divorce: Filing and Initial Steps
To file for divorce in Arlington:
- Confirm eligibility (residency requirements apply)
- Prepare and file the divorce petition
- Serve papers to your spouse
- Assess eligibility for legal separation or annulment if appropriate
Your attorney will guide you through each step, ensuring compliance with Texas law and protecting your interests.
Resolving Disputes Through Negotiation or Litigation
Most divorces get resolved through negotiation or mediation, which saves time and money. However, if agreement is impossible, litigation may be necessary. Your lawyer will advise you on the best strategy, weighing the pros and cons of each approach.
Ongoing Support After Divorce
After a divorce is finalized, you may need more help with subsequent post-divorce legal issues. We are also available to help you with these issues.
Post-Divorce Modifications
Life changes, such as job loss, relocation, or a child’s needs, may require modifications to custody or support orders. Courts will approve changes if there is a significant change in circumstances and the modification serves the child’s best interest.
Getting Advice and Continuing Legal Support
Even after finalizing your divorce, ongoing legal advice is invaluable. Whether you need help enforcing agreements, revising parenting plans, or addressing new legal challenges, your Arlington divorce attorney remains a trusted resource.
Choosing the Right Divorce Attorney
What to Look for When Hiring a Divorce Lawyer
Selecting the right attorney is vital to an overall successful divorce process. Consider factors such as:
- Experience with Texas divorce and family law cases
- Board certification or special training
- Strong communication skills
- Access to firm resources and a collaborative legal team
Our law office will offer clear guidance, compassionate support, and aggressive advocacy when needed.
Initial Consultation and Case Evaluation
Your first consultation is an opportunity to:
- Review your case facts
- Define your legal goals
- Assess compatibility with your attorney
A thorough evaluation sets the stage for a successful outcome.
Call Our Arlington Divorce Lawyer Today
If you’re considering divorce in Arlington, Texas, you’ll need help navigating the court system and process. Contact The Law Office of Wendy L. Hart for a confidential consultation with a compassionate and knowledgeable divorce lawyer.
We’re here to answer your questions, provide immediate help, and develop a strong strategy for your case. Protect your rights, your assets, and your family’s future by scheduling your consultation today and taking the first step toward a new beginning.
GET IN TOUCH
NEED LEGAL HELP?
Don’t wait. Contact Fort Worth’s top-rated Family Law and Divorce Attorney today or send me a message online for a consultation.
(817) 842-2336AREAS WE SERVE
HAVE ANY QUESTIONS?
CONSULTATION REQUEST
To schedule an appointment, please fill out this form and we will be in touch with you shortly.
