Family Law ยท Dallas, Texas

Protecting Your Family
Through Every Step

Divorce, custody, child support, and protective orders are among the most personal legal matters you will ever face. John Arthur & Associates handles family law cases across Dallas and all of Texas with the sensitivity the moment demands and the strength it requires.

What We Handle

Family Law Cases
We Handle in Texas

From straightforward uncontested divorces to complex high-conflict custody battles โ€” we handle every aspect of Texas family law.

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Divorce
Texas is a community property state. Whether your divorce is uncontested or contested, we protect your financial interests and move the process forward efficiently. We handle property division, spousal maintenance, and all aspects of dissolution of marriage in Dallas and across Texas.
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Child Custody & Visitation
Texas courts determine custody based on the best interest of the child using the Holley factors. We fight for the custody arrangement that protects your relationship with your children โ€” whether that is joint managing conservatorship, primary conservatorship, or a customized possession schedule.
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Child Support
Texas calculates child support as a percentage of the paying parent's net resources โ€” 20% for one child, 25% for two, 30% for three, and up. We ensure the correct income is used, challenge improper calculations, and enforce or modify existing orders when circumstances change.
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Property Division
Texas is a community property state โ€” most assets and debts acquired during marriage are divided equally. But characterization of property as community versus separate is often disputed. We identify hidden assets, challenge improper characterization, and fight for your fair share.
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Protective Orders
If you or your children are in danger, a protective order can provide immediate legal protection. We handle emergency protective orders in Dallas and across Texas โ€” and we defend clients who have been wrongly served with protective orders.
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Modifications
Life changes โ€” and court orders can change with it. When a material and substantial change in circumstances occurs, we file for modification of custody, child support, or possession schedules. Job changes, relocation, remarriage, and the child's own wishes can all support a modification.
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Enforcement
When the other parent violates a court order โ€” refusing visitation, failing to pay child support, or ignoring a custody arrangement โ€” we file for enforcement and hold them accountable. Violations of court orders are serious and carry real consequences.
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Spousal Maintenance
Texas spousal maintenance (alimony) is available in limited circumstances โ€” long marriages, disability, family violence. We evaluate eligibility, calculate appropriate amounts, and fight for fair outcomes on both sides of a spousal maintenance dispute.
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Paternity & SAPCR
Suits Affecting the Parent-Child Relationship (SAPCR) establish legal rights for unmarried parents. We help establish paternity, secure custody and visitation rights, and ensure child support is properly ordered for children born outside of marriage.
Know the Law

Key Texas Family Law
Rules You Need to Know

Texas family law has rules that directly affect your case. Understanding these going in helps you make better decisions throughout the process.

Divorce Requirements & Timeline
  • Texas residency requirement: at least one spouse must have lived in Texas for 6 months and in the county where the case is filed for 90 days
  • 60-day waiting period from filing before a divorce can be finalized โ€” even uncontested
  • Texas is a community property state โ€” property acquired during marriage is generally divided equally
  • Fault grounds (adultery, cruelty, abandonment, felony conviction) can affect property division and support
  • Mediation is required before most contested family law cases can go to trial
  • A Mediated Settlement Agreement (MSA) is binding and irrevocable once signed โ€” do not sign without understanding every term
Child Custody & Support Rules
  • Texas courts do not use "custody" โ€” they use conservatorship (managing) and possession (physical time)
  • Joint Managing Conservatorship (JMC) is the default โ€” does not mean equal time, only shared decision-making rights
  • Standard Possession Order (SPO) gives the non-primary parent every 1st, 3rd, and 5th weekend plus alternating holidays
  • Child support cap: 20% of net resources for one child, up to the statutory cap on net resources (~$9,200/month)
  • Children 12 and older may express a preference to the court โ€” does not guarantee that outcome
  • Geographic restrictions on where the primary parent can move with the child are common in Texas orders
How It Works

The Family Law
Process in Texas

Every family law case is different, but this is the general path from first consultation through final resolution.

01
Consultation โ€” Understanding Your Situation
We start by listening. You tell us your situation, your goals, and your concerns. We give you an honest assessment of your legal position, what the process looks like in your specific county, and what to expect at every stage. Realistic expectations from day one prevent disappointment later.
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Filing and Service
We file the original petition with the appropriate Texas court. Your spouse or the other party is served through a process server or by agreement. In emergency situations โ€” domestic violence, child abduction risk โ€” we can file for emergency protective orders and temporary orders the same day.
03
Temporary Orders โ€” Protecting You Now
Temporary orders establish the rules during the case โ€” who stays in the house, who has the children, what support is paid, what assets can be spent. Getting temporary orders right is critical because judges often use them as a baseline for the final orders. We fight hard at the temporary orders stage.
04
Discovery and Investigation
We gather financial records, tax returns, bank statements, business valuations, and any other relevant evidence. In contested cases, we use formal discovery tools โ€” interrogatories, depositions, subpoenas โ€” to build your case and expose the other side's position.
05
Mediation
Texas law requires mediation before most contested family law trials. A skilled mediator facilitates settlement discussions. Most cases settle at or before mediation โ€” a negotiated resolution gives both parties more control than a judge's ruling. We prepare thoroughly and negotiate hard for your interests.
06
Final Order โ€” Trial or Agreement
If mediation resolves the case, we draft the final decree or order reflecting the agreement. If the case goes to trial, we present your case to the judge and fight for the outcome you deserve. Final orders on property, custody, and support govern your life going forward โ€” we make sure they are right.
Why John Arthur & Associates

What Sets Our Family
Law Practice Apart

Family law requires both legal skill and human understanding. We bring both.

01
We Listen Before We Advise
Family law is deeply personal. Before we discuss legal strategy, we listen to what matters to you โ€” your children, your home, your financial security. Your goals drive our approach.
02
Honest About What Courts Actually Do
We tell you what Texas judges actually order โ€” not what you hope they will order. Realistic expectations prevent the devastation of an unexpected outcome. We do not inflate what we can deliver.
03
Strong at the Temporary Orders Stage
Many attorneys treat temporary orders as a formality. We do not. Temporary orders set the tone and often predict the final outcome. We fight as hard at the beginning as we do at trial.
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Licensed Across All of Texas
We handle family law cases in Dallas, Collin, Denton, Tarrant, and every other Texas county. Distance is not a barrier โ€” we serve clients throughout the state.
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Transparent About Fees
Family law is billed hourly. We explain the fee structure clearly at the outset and communicate openly about costs so there are no surprises. No hidden fees, no inflated billing.
Common Questions

Family Law
FAQs

How long does a divorce take in Texas?+
Texas has a mandatory 60-day waiting period after filing before a divorce can be finalized. An uncontested divorce where both parties agree on all terms can be finalized shortly after the 60 days. A contested divorce โ€” where the parties dispute property, custody, or support โ€” typically takes 6 months to over a year depending on the complexity. High-conflict cases can take longer.
How is property divided in a Texas divorce?+
Texas is a community property state, meaning property acquired during the marriage is generally divided equally ("just and right" division). Separate property โ€” what you owned before marriage or received as a gift or inheritance โ€” belongs to you and is not divided. The distinction between community and separate property is often disputed, particularly with businesses, retirement accounts, and appreciated assets. Fault in the breakup of the marriage can also affect property division.
How is child custody determined in Texas?+
Texas courts use the "best interest of the child" standard, evaluated using the Holley factors โ€” the child's physical and emotional needs, the parenting abilities of each parent, the home stability, any history of domestic violence, and others. Joint Managing Conservatorship (shared decision-making) is the default. The question of who gets primary possession โ€” where the child primarily lives โ€” is often the central dispute. Children 12 and older may express a preference to the judge, which the court considers but is not bound by.
Can I modify an existing custody or support order?+
Yes, but you must show a "material and substantial change in circumstances" since the last order was entered. Examples include a significant change in income (for support modifications), a parent's relocation, a change in the child's needs, or evidence that the current arrangement is no longer in the child's best interest. Modifications are filed in the original county court where the order was entered.
Is mediation required in Texas family law cases?+
Yes โ€” most Texas family courts require mediation before a contested case can proceed to trial. Mediation is a structured negotiation with a neutral third party. Most family law cases settle at or before mediation. A Mediated Settlement Agreement (MSA) is binding and irrevocable once signed by both parties โ€” you cannot change your mind afterward. Never sign an MSA without fully understanding what you are agreeing to.
What is a protective order and how do I get one?+
A protective order is a court order prohibiting an abuser from contacting or coming near you and your children. An emergency protective order (EPO) can be issued by law enforcement at the scene of a domestic violence incident. A temporary ex parte protective order can be obtained from a judge with a short notice period. A final protective order lasts up to two years and requires a hearing. We handle protective order applications and hearings throughout Texas and can move quickly in emergency situations.

Your Family Deserves
Strong Representation

The decisions made in your family law case will affect your life โ€” and your children's lives โ€” for years to come. Do not face this alone. Speak with one of our attorneys today.

Get in Touch

Tell Us About
Your Situation

Speak with one of our attorneys confidentially. We'll tell you exactly where you stand.

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Office
7929 Brookriver Drive, Suite 110
Dallas, Texas 75247
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Service Area
All of Texas