Frequently Asked Questions

Generally, yes.  Divorce filings in Texas district courts are treated as public court records as a general matter.  For many families, especially those with a family business, significant family wealth, closely held business interests, or simply a higher public profile in the community, understanding what becomes part of the public record – and what realistic options exist to limit exposure – is often one of the first questions raised before filing.

It isn’t only limited to Highland Park and University Park (Dallas County) or in Westlake or Southlake (in Tarrant County).  Nosy neighbors and good-intentioned family members and friends may want to know what is going on.

As a general rule, the divorce petition, most court orders, and the final decree become part of the public case file once filed, unless a specific document is sealed by court order.  Texas sets a demanding standard for sealing court records, requiring the party seeking sealing to show a specific, serious interest that outweighs the strong presumption that court records stay open to the public, along with a showing that no less restrictive alternative would work.  Because of that high bar, sealing an entire divorce file is the exception, not something that can be assumed or guaranteed in a typical case.

That said, there are practical ways to reduce how much sensitive information becomes part of the public record or public testimony, even short of formal sealing.  A case resolved through negotiation, private mediation, or a collaborative process generally generates far less public documentation and open-court testimony than a case that goes to trial, since the details of the resolution are worked out privately rather than argued in open court.  In some circumstances, courts can also issue protective orders limiting who may see or use specific sensitive discovery materials – such as detailed financial records – though that is different from sealing the case as a whole.

For business owners and high-net-worth families, discretion around a family business, trust structure, or closely held asset is often just as important as privacy around the divorce itself.  An attorney experienced with high-asset divorces in the Dallas County and Tarrant County community can help structure the case – from how issues are negotiated to what ultimately needs to be filed – in a way that’s mindful of both legal protection and discretion.

Because some privacy-conscious strategies are easier to build into a case from the very beginning than to retrofit once litigation is underway, this is worth raising with your attorney at the very first consultation, before anything is filed.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Generally, yes, but that is not the best course of action.  It is often more cost-effective to have someone that only handles family law matters day-in and day-out, rather than someone who knows a little about several areas of law.  It is unlikely that any one attorney can specialize in several wholly different areas of law at once.  A good family law attorney can spot issues and help to correct them quickly, rather than researching to be able to answer (costing you more time and money) or giving only a cursory glance (saving money but not having a complete look).

Similarly, you should avoid hiring someone who practices primarily in Houston or Austin to take on a Dallas or Tarrant County case, as the procedures and judges are vastly different.  This is true even if the divorce is expected to be an agreed case without any court appearances; the client often spends more attorney’s fees because the out-of-area lawyer does not know the court-specific procedures.  Having a Texas family law attorney – that practices primarily in the same area in which your case is filed – discuss your situation with you is imperative to understanding your rights, obligations, liabilities, and exposure.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

A stepparent adoption generally requires the consent of both legal parents, or termination of the other legal parent’s rights, before the adoption can proceed, along with a home study and a final court hearing. Requirements and timelines vary depending on whether the non-custodial parent consents voluntarily or contests the termination of their rights.

A stepparent adoption is the legal process by which a stepparent becomes a child’s legal parent, with the same rights and duties as a biological or already-adoptive parent.  It is generally initiated by the stepparent and their spouse (the child’s existing legal parent) filing a joint petition with the court, since Texas law requires the child’s legal parent to join in the adoption request rather than simply consenting to it from the sidelines.

Before a stepparent adoption can be finalized, the parental rights of the child’s other legal parent generally have to be addressed – either through that parent’s voluntary consent to termination of their rights, or through an involuntary termination ordered by the court.  Involuntary termination means the parent that is sought to be terminated is not in agreement with terminating his or her rights.  Involuntary termination requires the court to find both a specific statutory ground (such as abandonment or failure to support the child) and that termination is in the child’s best interest; it is not granted automatically just because a stepparent wants to adopt.  It is also not granted just because the other parent is not in the picture.  If the other parent has already had their rights terminated in an earlier proceeding, is deceased, or (in the case of an alleged biological father) has never legally established parentage, the requirements can look different from a contested termination case.

Texas law also sets procedural requirements around the adoption itself.  These commonly include a minimum period during which the child has resided with the stepparent and legal parent, and typically involve a social study, home study, or custody evaluation of the prospective adoptive home, though Texas law allows this study to be waived in some stepparent adoption cases when certain conditions are met.  This evaluation can be costly, if it is not in an agreed stepparent adoption.

Once finalized, the adoption has significant legal effect.  The stepparent becomes the child’s legal parent going forward, with the same rights and future obligations – including potential child support obligations if the marriage to the child’s other parent later ends – as any other legal parent.  The parent whose rights were terminated generally loses both parental rights and the ongoing obligation to pay future child support, though this typically does not erase support that was already owed before the termination, unless a portion it is waived by the receiving parent.  The court can also grant a name change for the child as part of the same proceeding, if requested.

Because the termination component is often the most legally complex and, in contested cases, the most emotionally difficult part of a stepparent adoption, it’s generally worth involving an attorney early to evaluate whether the other parent’s rights can be terminated by consent or would require a contested proceeding.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Yes, in most cases.  Texas allows a party to request modification of conservatorship, possession, or child support when there has been a material and substantial change in circumstances since the prior order, or in some child support cases, after a set period of time has passed.  Whether a specific change qualifies is a fact-specific legal determination.

A knowledge of what the judge in your case thinks counts as a “material and substantial change” is also helpful.  This is another example of why it is important to hire an attorney physically in the location in which your case is pending.  Judges will have certain preferences and inclinations, which will be helpful to know before you spend money seeking relief that is extremely unlikely.

“Material and substantial change” is not a fixed checklist; it is a standard courts apply to the facts of each case.  Circumstances that commonly come up in modification cases include a parent’s relocation, a significant change in either parent’s income or work schedule, remarriage or a new household member, evidence of family violence or substance abuse, or simply a child’s evolving needs as they get older.  The change generally has to relate to the child’s circumstances, a conservator’s circumstances, or another party affected by the order – not simply a party’s preference that things be different.

Modifying which parent has the exclusive right to designate the child’s primary residence carries an additional hurdle if it’s requested within a certain period after the prior order.  Texas law places a heightened standard on this specific type of request when filed soon after the existing order, generally requiring one of a limited set of grounds – such as agreement of the parties or a showing that the child’s present environment may endanger their physical health or significantly impair their emotional development.  Even then, courts are reluctant to make changes to order that quickly after a prior final order.

Child support has its own additional path to modification.  Beyond the general material-and-substantial-change standard, Texas allows modification of a child support order after a set number of years has passed if the guideline amount would now differ from the existing order by a certain percentage or dollar threshold, without necessarily having to independently prove a substantial change in circumstances.

Practically speaking, a modification is a new lawsuit filed in the court that retains continuing jurisdiction over the case, typically the court that issued the prior order.  It proceeds similarly to the original case, potentially including temporary orders while the modification is pending and, often, mediation before trial if the parties can’t agree.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Texas uses statutory guidelines based primarily on the paying parent’s net monthly income and the number of children before the court, with set percentages that increase with each additional child.  Courts can deviate from the guideline amount in certain circumstances, and additional factors such as health insurance and childcare costs are typically addressed separately in the order.

The starting point for the calculation is “net resources,” not gross income.  Guidelines in the Texas Family Code define net resources broadly to include wages, salary, and most other forms of income, then subtract certain items – such as the average federal income tax, Social Security tax, union dues – to arrive at the net monthly resources figure the guideline percentages are applied to.  The guideline percentages themselves increase with the number of children before the court, and a different, lower percentage schedule generally applies when the paying parent also owes support for children in another household.

A 50/50 custody schedule does not mean that child support will not be ordered.  This is a common misconception.

The guideline percentages don’t apply without limit.  Texas caps the amount of net resources to which the standard guideline percentages apply, and that cap is periodically adjusted.  Above that cap, a court has discretion to order additional child support based on the child’s proven needs, but isn’t required to simply keep applying the percentage to every additional dollar of income.  For a paying parent with irregular income – for example, someone who is self-employed or paid on commission – the court will typically need to look at income history to determine an appropriate net resources figure, rather than relying on a single pay stub.  The court may also include fringe benefits to include in the income of the person to be paying child support, effectively backing out some of the things that person would normally deduct from their income on taxes.  This is another reason adjusted net income is not used to calculate child support.

Beyond the base guideline amount, Texas child support orders typically also address health insurance for the child and can sometimes include provisions childcare costs, as separate components of the order rather than folding them into the percentage-based number.  Support generally continues until the child turns 18 or graduates from high school, whichever is later, though there are exceptions, including for a child with a disability, where support can extend beyond that point.

Because a guideline calculation depends on several moving pieces – the payor’s actual net resources, the number of children involved, any multiple-household adjustment, and whether resources exceed the statutory cap – the guideline percentage alone often isn’t enough to estimate an accurate number without looking at the full financial picture.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Texas law does not use the term “custody” – it uses “conservatorship” (decision-making rights and duties) and “possession and access” (the parenting time schedule).  Courts are directed to make these decisions based on the best interest of the child or children, which looks at many factors and considerations.  Texas law starts from a presumption that parents should be named joint managing conservators, though the specific rights, duties, and possession schedule depend on the facts of each family.

Being named a joint managing conservator does not automatically mean equal time with the child, or that every decision must be made jointly or by agreement.  Conservatorship is really a bundle of specific rights and duties – such as the right to designate the child’s primary residence, the right to consent to psychological or psychiatric treatment, and the right to make educational decisions – and a court can assign these individually, giving some jointly to both parents and others exclusively to one.  Often, one parent is given the exclusive right to designate the child’s primary residence, sometimes limited to a specific geographic area, while many of the remaining rights are shared in some form or fashion.

In deciding what arrangement serves the child’s best interest, Texas courts consider a broad range of factors rather than any single test.  In general terms, courts tend to look at each parent’s ability to meet the child’s physical and emotional needs, the stability of each proposed home environment, each parent’s willingness to foster a positive relationship between the child and the other parent, and any history of family violence, abuse, or neglect.  If the child is of sufficient age and maturity (12+ years, under Texas law), the court may also take the child’s wishes into account, though a child does not simply get to choose which parent to live with.  More importantly, the judge does not have to order what the child wants and can actually order the exact opposite, if the court finds it to be in the child’s best interest.

Once conservatorship is decided, the court also sets a possession and access schedule – which will say when each parent has time with the child.  Texas has a statutory framework commonly used as the starting point for these schedules, though courts can and do deviate from it based on circumstances such as the child’s age, the distance between the parents’ homes, and each parent’s work schedule.  If the parties are working together on a possession and access schedule, it can be fully customizable to the parents and the child; there is not as much customization that can be done if the matter goes before a judge.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Yes.  Texas presumes that property acquired by either spouse during the marriage is community property, owned equally by both spouses, regardless of whose name is on the title.  Property owned before the marriage, along with gifts and inheritances received during the marriage, is generally treated as separate property.  Texas courts divide the community estate in a manner the court finds “just and right,” which does not always mean a strict 50/50 split – the specific factors a court may weigh are a matter for attorney analysis on the facts of a given case.

Because Texas starts from a presumption that all property held by either spouse at divorce is community property, a spouse claiming that a particular asset is separate property generally has the burden of proving it – and Texas requires that proof to meet a heightened standard, called “clear and convincing evidence”.  This becomes especially important when separate funds have been mixed with community funds over the course of a marriage – for example, depositing inherited money into a joint bank account used for household expenses.  When separate and community property are commingled without clear records, it can become difficult to “trace” the separate funds back to their original source, and property that can’t be clearly traced risks being treated as community property.

“Just and right” division does not mean every asset is split down the middle.  Instead, courts have broad discretion to award specific assets to each spouse.  One spouse might keep the house while the other receives a larger share of retirement accounts or other assets, for instance, as long as the overall division is fair given the circumstances.  There are many factors Texas courts may consider in reaching a just and right division.  Courts also aren’t required to divide the estate exactly 50/50; depending on the circumstances of the marriage and the parties, a judge can order an unequal division that it still finds to be just and right.

This is also why the character of an asset matters so much in a divorce.  A business, a retirement account, or real estate acquired or grown during the marriage is generally part of the community estate subject to division, even if only one spouse’s name appears on it or only one spouse actively managed it.  Sorting out what’s truly separate, what’s community, and what’s a mix of both is often one of the more involved parts of a divorce involving any meaningful assets, which is why an accurate inventory and, where needed, professional valuation are important early steps.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

It depends.

Changing the locks can create legal problems even when someone’s intentions are reasonable.  In Texas, both spouses generally retain an equal right to access and occupy the marital residence during a pending divorce – regardless of whose name is on the deed or which spouse is characterized as the primary owner – unless and until a court order says otherwise.  Changing the locks to exclude the other spouse, without either their agreement or a court order permitting it, can be treated as interfering with that right, even if you’re the one who moved out or the one who stayed.

Many courts and Texas counties have standing orders that prohibit this, and a temporary restraining order (whether mutual or against you or your spouse alone) or temporary injunction may also be in place to restrict your ability to do this.   Standing Orders automatically are put in place the moment a petition is filed, without either spouse needing to sign anything or even ask for it, restricting both parties from certain actions while the case is pending.  Violating a standing order or a temporary restraining order can expose you to a contempt finding, regardless of how reasonable the underlying reason for changing the locks may have seemed.

If there’s a genuine need for one spouse to have exclusive use of the home while the divorce is pending –  because of safety concerns, ongoing conflict, or another reason –  the proper route is usually to ask the court for temporary orders granting exclusive occupancy, rather than acting unilaterally (one party acting on their own without specific permission to do so, or agreement of the other party).  A judge can weigh the circumstances and issue an order addressing who has the right to stay in the home while the case is pending.  Separately, if there are family violence concerns, a protective order (which is a distinct legal process from the divorce itself) can legally require the other spouse to stay away from the residence; that is a different and more urgent path than simply changing the locks.

Because changing the locks without authorization can carry real legal consequences – and because the right approach often depends on facts specific to your situation, including any standing order already in effect – this is a question to raise with an attorney before taking action, not after.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Mediation is a form of alternative dispute resolution in which a neutral third party (the mediator) helps two disputing parties negotiate toward a resolution of their disagreements.  Unlike a judge or arbitrator, a mediator does not decide the outcome or rule in either party’s favor; the mediator’s role is to facilitate communication, help each side understand the other’s position, and guide the parties toward a voluntary agreement.   The parties themselves make the decisions.  If the parties reach an agreement, that agreement is binding.   If the parties can’t reach an agreement, mediation simply ends without a binding result, and the case proceeds through the normal litigation process.

Mediation is not required in uncontested cases.  You also do not have to use a mediator to resolve minor disputes.  Mediation is often required in custody modifications, as well as in divorces.

In Texas family law, mediation is a routine and often expected part of a contested divorce or custody case.  It can happen at almost any stage – before a case is even filed, while case is pending, or shortly before a trial setting – and many Texas courts require the parties to attempt mediation before they will set a contested matter for trial.  Mediation sessions are private and generally confidential, meaning statements made during the process typically cannot later be used as evidence in court.

A typical mediation session involves both parties, with their attorneys present, meeting with the mediator in separate rooms, with the mediator moving between the parties’ rooms to relay offers and narrow the issues.  There are no formal rules of evidence or witness testimony, and the process is far less structured than a courtroom hearing.  If the parties reach agreement on some or all of the disputed issues, that agreement is typically documented in writing in a “mediated settlement agreement” and signed at the end of the session.  In Texas, a properly executed mediated settlement agreement can be binding on the parties once signed, even before the final decree or final order is entered.

Mediation is generally faster and less expensive than proceeding to trial, and it gives both spouses more control over the outcome than leaving the decision to a judge.  The mediator’s fee is typically split between the parties, in addition to each side’s own attorney’s fees for preparing for and attending the mediation.  For many contested cases, a successful mediation resolves the matter entirely, avoiding the additional time and cost of a trial altogether.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Cost varies widely based on whether the divorce is contested, whether children or significant assets are involved, and whether the case goes to trial.  Filing fees are set by the county district clerk and change periodically.  Attorney’s fees for an uncontested, agreed divorce are generally lower than for a contested case involving custody or property disputes, which can require discovery, mediation, and possibly trial.

Much like the length of a divorce varies on many factors, so does the cost.  Generally, firms charge more than solo practitioners.  This does not mean that a solo practitioner is less of a lawyer than one associated with a larger firm or partnership.   However, firms routinely bill for work done by one or more staff members and attorneys, often including billing for conferencing or discussing with each other on your matter or reviewing the work done by others in the firm.  It is normal for all attorneys to review paralegal and support staff work, as paralegals and legal assistants are not lawyers and cannot give legal advice.

Contested cases will cost more, and it will depend on the issues involved.  An uncontested divorce is typically less expensive because the attorney’s work is largely limited to drafting and reviewing the agreed decree and related documents, with potentially a single, brief hearing, which often can be done without even stepping foot in the courthouse.  A contested divorce costs more as issues remain unresolved, since attorney time expands to cover negotiation, discovery, mediation sessions (and the mediator’s fee, usually split between the parties), hearings on temporary matters, and – if the case doesn’t settle – trial preparation and trial itself.  Generally, the more issues in dispute and the more complex the marital estate, the higher the cost.

Most Texas family law attorneys bill hourly against a retainer, which is typically deposited into and held in the attorney’s trust account and drawn down as work is performed; once the retainer is exhausted, the client is usually asked to replenish it.  On top of attorney’s fees, a divorce can involve other out-of-pocket costs beyond the initial filing fee – such as fees for serving the other party, mediator fees, and, in cases requiring them, expert fees for a business valuator, forensic accountant, or custody evaluator.  These additional costs tend to track the same pattern as attorney’s fees: they rise with the number and complexity of contested issues, and are minimal or nonexistent in a straightforward uncontested case.

Most lawyers do not do flat-fee pricing due to the potential for issues to arise in a family law case.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Texas imposes a mandatory minimum 60-day waiting period between the date a divorce petition is filed and the date the court can grant the divorce, in almost all cases.  The parties cannot agree to a divorce that lasts less than 61 days in Texas.  No judge can waive this, except in extremely narrow circumstances involving documented family violence.  In practice, an uncontested divorce with no disputes typically has the ability to finalize at or shortly after the 60-day mark; more often, however, it will resolve within about 90 days, given some judges’ timetables for submission and signing.  A contested case can take substantially longer depending on court docket and the issues involved.

The length of a Texas divorce varies, depending on many factors, such as the issues involved, the counsel involved (both your lawyer and the opposing lawyer), the court to which it is assigned, and the time of year in which it is filed or can be finalized.  Remember that attorneys and judges are people too, with their own lives and families; they take vacations and celebrate holidays.

Cases involving children rarely finalize at the 61-day mark, even if there is a complete agreement, because the required terms for the decree necessitate working through scenarios that involve the children in the future.  Sometimes, you have to let some things play out before you know how they’ll work.  For instance, an agreement to separate may also have the parents determining the initial possession time for both parents, but after doing the schedule for a bit, maybe it doesn’t work out for you or the children the way that you hoped it would, and you need to tinker it a bit.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

An uncontested divorce means both spouses agree on every issue – property division, debts, and, if there are children involved, conservatorship, possession, child support, and health insurance – within about a month or two of filing the divorce. A contested divorce means the spouses disagree on one or more of these issues, requiring negotiation, mediation, and potentially a trial before a judge to resolve them. Most divorces have at least one contested matter, but that does not make it a contentious divorce; it just would not be uncontested.

In an uncontested divorce, the cost is generally less expensive because the attorney’s work is largely limited to drafting and reviewing the agreed divorce decree and related documents, with potentially a single, brief hearing, which often can be done without even stepping foot in the courthouse.

Timing is one of the clearest practical differences.  Because Texas imposes a mandatory waiting period between filing the divorce and finalization of the divorce, an uncontested divorce can often be finalized shortly after that period runs, commonly within two to four months after filing.  A contested divorce takes longer because it moves through additional steps: temporary orders hearings, discovery deadlines, mediation, and (if the parties still can’t agree) a trial setting, which itself depends on the court’s docket.  Depending on the issues involved and the judge’s caseload, a contested divorce can take anywhere from several months to well over a year.

Cost tracks the same pattern: an uncontested case generally requires far less attorney time than a contested one, since a contested divorce adds negotiation, discovery, mediation, and (if it does not settle) trial preparation and trial.  See the “How much does a divorce cost in Dallas County, Texas or Tarrant County, Texas?” section of this website for a fuller breakdown of what drives cost up or down.

Discovery is another point of divergence.  In an uncontested case, the spouses typically exchange financial information voluntarily and informally, since there’s nothing to dispute.  In a contested case, the parties often use formal discovery tools – written disclosures, interrogatories, requests for production of financial records, depositions, expert witnesses, and sometimes subpoenas to banks, employers, or other third parties – to establish the full scope of the marital estate or to develop facts relevant to a custody dispute.

Finally, contested divorces are more likely to involve expert witnesses, while uncontested divorces rarely do.  A contested property dispute involving a business, real estate portfolio, or retirement accounts may call for a forensic accountant or business valuation expert.  A contested custody dispute may involve a custody evaluator, a child’s court-appointed representative, or a mental health professional.  Because an uncontested divorce resolves these questions by agreement rather than through adversarial fact-finding, there’s usually no need to retain experts at all.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

An amicable divorce is different from an uncontested divorce, though a divorce can be both amicable and uncontested.

“Amicable divorce” isn’t a formal legal term under Texas law.  An “uncontested” divorce is where both spouses agree on all issues.   Neither of these words appear in the Texas Family Code, talking about divorce.  In everyday and marketing use, though, “amicable divorce” describes a divorce where the spouses cooperate throughout the process – communicating respectfully, negotiating in good faith, and often resolving property division, custody, and support through agreement or mediation rather than litigation.  An amicable divorce can still involve some disagreement, negotiation, or use of a mediator; it simply avoids the adversarial court battles associated with a contested case.  Because the term has no fixed legal definition, how “amicable” a divorce turns out to be often depends less on the initial filing and more on how cooperatively both spouses and their attorneys handle the issues as they arise.

Especially in divorces with children, starting a divorce out amicably is often one of the best ways to help set the family up for long-term success.  Of course, some situations or spouses do not make this possible nor advisable.  It is imperative that you consult with a Texas family law attorney to determine what your best course of action is.

Another benefit of an amicable divorce is that both parties tend to stick to their agreements better, because they took part in the process and had a say in it.  Anytime a matter is brought to a judge for the judge to decide, it is taken wholly out of the hands of the parties and both parties may not like what the judge rules.  That is a dangerous risk when considering this in light of the parties’ most significant assets – either their children or property.

One lawyer may not represent both parties.  However, the parties may decide that only one lawyer will be used.  In that case, one party may have a lawyer doing all of the drafting of the agreements that both parties have reached.  One caution to this method – the drafting lawyer only represents their client and cannot give legal advice to the other client.   I often represent clients in uncontested divorces in which I am the only lawyer; in this circumstance I do settlement conferences with the other party to see if the parties can reach agreements but I cannot offer legal advice to the party that I do not represent.

Amicable divorces are great ways to save costs, as well.  Parties who reach agreements will generally have lower attorney’s fees than in cases where they have to go to court often.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Yes, and no.  Artificial Intelligence (AI) such as ChatGPT, Claude, or CoPilot, can be helpful but can also complicate your case unnecessarily.

AI is great for research to help get yourself familiar with and feeling more comfortable with the process.  However, it is not to be taken as legal advice.  I spend more time explaining to clients why the answer they obtained on AI platforms does not apply to their case or under Texas law, and yes, often I do have to charge for that explanation.

The core problem is one of context, not effort. AI can produce a fluent, confident-sounding answer to almost any legal question, but a fluent answer is not the same as a correct one for your facts, your county, and your judge – and most people cannot tell the difference until it is too late to fix cheaply.  As noted in another FAQ, clients don’t know what they don’t know, and ChatGPT cannot teach that.  Much of the provided information will be inaccurate or inapplicable to the client’s situation, often giving bad advice if followed without consulting with an attorney.

AI doesn’t know the judge’s preferences.  AI does not know where it has been held to not be sufficient in court, except for cases that are in the news.  A family law attorney located in your case’s location will be able to give you the most realistic picture of what your case can look like, and what problems you may face.  AI misses the human element and practical effect of legal documents entirely.

That is why AI is best used as a starting point for your own understanding of the process, not as a substitute for advice from a family law attorney who knows the applicable law, your local court, and the facts of your case.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.

Texas law does not require you to hire an attorney to file for divorce, even an uncontested one.  However, an uncontested divorce still produces a legally binding documents covering property division, debt allocation, and (if children are involved) conservatorship, possession schedules, and child support.  Mistakes in these documents can be difficult and costly to fix later, so most family law attorneys recommend at least a legal review of the paperwork before you sign, even in a fully agreed case.  There are many ways to have an amicable and cost-effective divorce, and a good family law attorney can help guide you to an efficient resolution faster than you can on your own.

Many lawyers will explain it this way – if you need medical care, are you doing it yourself, or going to a doctor?  The same applies for legal issues.  Paralegals cannot give legal advice, so a lawyer is necessary.

If you want to do it on your own, you will be called a “pro se” litigant.  You will be subject to all of the same rules, procedures, and laws that attorneys have to use inside and outside of the courtroom, and will be expected to have the same mastery.  Judges are not permitted to go easier on you simply because you don’t have an attorney.  And, if your spouse hires an attorney, your spouse and his/or her attorney may take advantage of your lack of knowledge, or you may be simply outmatched by not having your own representation.

Simply put – clients don’t know what they don’t know.  AI and Google searches will often give some information, but not all, and much of the information provided in response to an AI search may be inaccurate or inapplicable to the client’s situation; however, the AI output provides informative firm statements that lead the client to believe a matter is cut and dry.

Divorce in Texas is not a one-size-fits-all situation.  There are forms found online (some even promulgated by the Texas Supreme Court), but they do not cover the parties’ circumstances in most cases, or even in any case in which there are any basic assets to divide.  For ‘instance, these forms do not provide enforceable terms regarding who and how any debts are to be divided and paid.  They also have a few terms in them that make further litigation and costs necessary just to simply transfer an asset.  In both of these situations (and more) people who use the forms will end up creating more problems for themselves later on.  It could have been done right the first time, for much cheaper than the cost to fix it.

Shortcuts come with significant shortcomings, and often end up costing more to fix than having a family law attorney do it right the first time.

If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.