header-logo-3    Richard   C.   McConathy  
Law Offices of Richard C. McConathy
 info@mcconathylaw.com  
 
15110 Dallas Pkwy #400
  Dallas ,   Texas ,   75248   United States  
 
(972) 233-5700

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Arlington Divorce Lawyer

Listen Up, Arlington: Your spouse just filed for divorce. Right now, they’re meeting with their attorney, planning to take half your business, your house, your retirement, and limit your time with your kids.

Here’s the brutal truth. In Tarrant County’s packed divorce courts, preparation and experience make all the difference. One mistake in property division or custody arguments can cost you dearly.

The good news? Our law office has spent 35+ years making sure clients don’t get shafted in divorce court. While other lawyers are shuffling papers, we’re protecting your assets and fighting for your children.

Ready to protect your future? Contact our experienced Texas family lawyer team to schedule your confidential consultation today.

Why Choose Our Divorce Lawyers in Arlington?

Many people ask, Do you need a lawyer to get divorced in Texas? While it’s possible to represent yourself, the risks of managing complex property, custody, or support issues without legal guidance are high.

Our approach combines extensive legal expertise with aggressive advocacy, ensuring you receive both skilled representation and fierce protection of your interests.

  • Experienced Legal Advocacy: With over three decades serving North Texas families, our attorneys have successfully handled complex divorce cases throughout Tarrant County, including Arlington’s busy family courts. We understand local procedures, judge preferences, and the strategies that work in this jurisdiction.
  • Customized Legal Strategies: Every divorce presents unique challenges requiring tailored solutions. We develop battle-tested strategies based on your specific circumstances, financial situation, and family dynamics. Whether your case requires skilled negotiation or courtroom warfare, we adapt our approach to win.
  • Direct Communication: We recognize that divorce affects your entire future. Our team provides straight talk about your case, explaining what’s really happening and what you need to do to protect yourself and your children.
Divorcing couple discussing legal matters with wedding rings and gavel on table

Our Divorce Services in Arlington

Uncontested divorces occur when spouses reach agreement on all major issues including property division, child custody, and support obligations. Our attorneys efficiently handle the paperwork while ensuring all agreements actually protect your interests and comply with Texas law.

Contested divorces involve battles requiring court intervention. Our trial experience in Tarrant County courts enables us to fight effectively for your position on complex matters including business valuations, custody disputes, and property division conflicts.

Texas courts prioritize the child’s best interests when making custody determinations. We help clients understand the difference between joint managing conservatorship (shared decision-making) and sole managing conservatorship (one parent has primary control). Our attorneys build compelling cases supporting your custody position while ensuring fair child support calculations.

💰 Support isn’t automatic—most spouses don’t qualify unless need is proven. Showing effort to become self-sufficient or long-term dependency changes the negotiation dynamic.

Texas spousal maintenance laws establish specific criteria before support can be awarded. Our attorneys thoroughly evaluate factors including marriage duration, financial circumstances, and earning capacity to pursue appropriate maintenance arrangements. We also provide guidance on tax implications and future modifications.

Texas operates under community property laws, making division complex when significant assets or business interests are involved. Our team works with financial experts to ensure accurate valuation of marital property, including:

  • Real Estate Assets: Primary residences, investment properties, commercial real estate
  • Business Interests: Professional practices, partnerships, corporations, franchise operations
  • Retirement Assets: 401(k) plans, pensions, stock options requiring QDRO preparation
  • Investment Holdings: Stocks, bonds, mutual funds, and complex financial instruments

Client safety is our priority. We assist clients in obtaining protective orders when domestic violence threatens family members. Our attorneys guide you through emergency procedures, court hearings, and safety planning.

Additional Divorce Services We Handle:

  • High Net Worth Divorces
  • Executive and Professional Divorces
  • Military Divorce (serving local military families)
  • International Custody Cases
  • LGBTQ+ Divorce
  • Prenuptial and Postnuptial Agreements
  • Grandparent Rights
  • Modification of Existing Orders
  • Contempt and Enforcement Actions

About Our Arlington Divorce Attorneys

Richard C. McConathy established our firm to provide aggressive legal representation throughout North Texas. As a Board Certified Criminal Law Specialist with over 35 years of experience, Richard brings courtroom expertise to complex divorce cases. His son, Richard Charles McConathy, earned his Juris Doctor from Texas Wesleyan University School of Law and has served as managing partner since 2008.

Our firm handles both criminal defense and family law matters, bringing comprehensive legal experience to divorce cases. We’ve earned recognition from Expertise.com as Best Criminal Defense Lawyers in Dallas, demonstrating our commitment to legal excellence. With three generations of legal experience dating back to 1946, our firm combines traditional values with modern strategies.

Our Track Record:

  • 35+ years combined experience
  • 6,000+ cases handled
  • Serving 16 North Texas counties
ad woman holding wedding ring while man sits in background

The Divorce Process in Texas

Getting to know Texas divorce procedures helps you prepare and protect your interests at each stage.

1. Divorce Petitions

The process begins when one spouse files an Original Petition for Divorce in Texas district court. Texas requires a 60-day waiting period from filing to finalization. The petitioner must establish grounds—either no-fault (insupportability) or fault-based grounds like adultery or cruelty.

How we help: We prepare comprehensive petitions addressing temporary orders for custody, support, and property use. Our preparation prevents delays and establishes your position clearly.

In certain limited cases, couples may be eligible to void the marriage entirely. Learn more about how to get an annulment in Texas and whether your situation qualifies.

Temporary orders address immediate needs including child custody schedules, support payments, and exclusive use of the family home. These orders remain effective until final decree.

How we help: We present compelling evidence for your temporary order requests, ensuring family stability during litigation. Our experience with Tarrant County judges helps us secure favorable arrangements.

Discovery allows both parties to gather information about assets, debts, and income. This may include written questions, document requests, and depositions.

How we help: Our discovery process uncovers hidden assets and ensures complete financial disclosure. We use forensic accountants when necessary to identify complex assets or hidden income.

Most divorces resolve through settlement rather than trial. Discussions may occur through negotiation, mediation, or collaborative processes.

Settlement Advantages:

  • Cost Control: Avoiding trial saves substantial legal fees
  • Privacy: Settlements keep personal matters confidential
  • Flexibility: Parties can create arrangements courts cannot order
  • Speed: Settlements resolve faster than trials
  • Control: You maintain control over the outcome

Settlement Strategies:

  • Prioritize Goals: Focus on what matters most to your future
  • Understand Costs: Consider tax implications and long-term impact
  • Stay Flexible: Compromise on lesser issues to secure key objectives
  • Document Everything: Ensure agreements are enforceable

How we help: Our negotiators work to achieve favorable settlements while protecting your interests. We ensure agreements comply with Texas law.

Can you get a divorce without going to court in Texas? In many cases, yes—our attorneys often resolve disputes through mediation or negotiation, avoiding lengthy trials and maintaining privacy.

Courts often require conferences to explore settlement and streamline trial issues.

Preparation Tips:

  • Organize Documents: Compile all financial records
  • Clarify Objectives: Know your minimum acceptable outcomes
  • Be Ready to Negotiate: Prepare for constructive discussions
  • Trust Our Attorney: Let our experienced counsel guide strategy

How we help: We prepare detailed statements and work with opposing counsel to narrow issues, potentially avoiding trial.

When settlement fails, contested issues go to trial before a judge or jury.

Trial Preparation:

  • Practice Testimony: Work with our attorney beforehand
  • Professional Appearance: Dress appropriately and stay respectful
  • Stay Calm: Emotional outbursts damage credibility
  • Follow our Guidance: Listen to our attorney throughout
  • Focus on Facts: Present evidence clearly

How we help: Our trial experience in Tarrant County provides insight into judges’ preferences and effective strategies.

After final decree, implementation may require property transfers, account divisions, and name changes.

Management Tips:

  • Follow Orders: Comply precisely to avoid contempt
  • Update Records: Change beneficiaries on accounts
  • Monitor Compliance: Ensure your ex-spouse meets obligations
  • Keep Documentation: Preserve modification records
  • Plan Ahead: Develop strategies for your new circumstances

How we help: We assist with implementation, including QDROs and enforcement when needed.

Ready to defend what matters most? Contact us today to schedule your confidential consultation and take the first step toward protecting your rights and your family.

Common Issues in Divorce That We See & How to Overcome Them

Knowing frequent challenges helps you prepare for potential complications in Arlington divorce cases. If you’re concerned about the financial impact, you’re not alone. How much does a divorce cost in Texas? That depends on your case’s complexity, legal fees, and whether it goes to trial.

Texas recognizes two primary conservatorship types:

  • Joint Managing Conservatorship: Both parents share decision-making authority for the child’s welfare, education, and medical care. This works when parents can cooperate effectively.
  • Sole Managing Conservatorship: One parent has primary decision-making authority. Courts order this when joint conservatorship wouldn’t serve the child’s best interests due to domestic violence, substance abuse, or other factors.

Court Factors in Custody Decisions:

  • Child’s physical, emotional, and developmental needs
  • Each parent’s ability to provide consistent care
  • Existing parent-child relationships
  • Geographic proximity to schools and activities
  • History of family violence or substance abuse
  • Child’s preferences (when age-appropriate)
  • Each parent’s willingness to support the other’s relationship with the child

Texas follows guidelines based on the paying parent’s net income and number of children, with possible deviations for special circumstances.

Factors Affecting Support:

  • Net Monthly Income: All income including salary, bonuses, and benefits
  • Number of Children: Percentages increase with more children (20% for one, 25% for two)
  • Healthcare Costs: Medical insurance expenses shared proportionally
  • Childcare Expenses: Work-related costs often divided by income
  • Special Needs: Extraordinary medical or educational expenses
  • Possession Time: Extended time with paying parent may affect calculations

Establishing paternity is essential for unmarried parents seeking custody rights or support obligations.

Establishment Methods:

  • Voluntary Acknowledgment: Both parents sign official forms
  • Administrative Process: Texas Attorney General establishes through genetic testing
  • Court Order: Petition for judicial determination through DNA testing

Father’s Rights After Establishment:

  • Right to seek custody or visitation
  • Obligation to provide child support
  • Authority in decisions about child’s welfare
  • Access to medical and school records
  • Standing to object to adoption

Reasons for Establishing Paternity:

  • Secure legal parent-child relationship
  • Obtain child support from biological father
  • Provide child access to father’s medical history
  • Enable inheritance rights and benefits
  • Allow father to pursue custody rights
  • Establish eligibility for government benefits

Texas community property laws create presumptions about asset ownership that can be challenged with proper evidence.

Community Property: Assets acquired during marriage subject to division:

  • Income earned during marriage
  • Real estate purchased with marital funds
  • Business interests developed during marriage
  • Retirement contributions during marriage

Separate Property: Assets remaining with one spouse:

  • Pre-marital property and accounts
  • Gifts from third parties
  • Inherited property and income
  • Personal injury settlements (excluding lost wages)

Complex Division Issues:

  • Commingled Assets: Mixed separate and community funds requiring tracing
  • Business Valuations: Professional practices requiring expert appraisal
  • Real Estate: Investment properties needing accurate valuation
  • Retirement Benefits: QDROs required for division without penalties
  • Stock Options: Timing and tax implications affecting division

Domestic violence allegations require immediate attention for family safety.

⚠️ Misused protective orders can unfairly damage your custody case. Responding promptly, legally, and professionally is the only way to stay in the game.

Texas Protective Order Types:

  • Emergency Protection Order: Up to 20 days immediate protection
  • Temporary Ex Parte Order: Protection pending hearing (20 days maximum)
  • Final Protective Order: Long-term protection up to 2 years, renewable

Protection Against Misuse:

  • Document Everything: Keep detailed interaction records
  • Follow Orders Precisely: Comply with all provisions
  • Avoid Contact: Don’t initiate communication
  • Preserve Evidence: Save communications showing violations
  • Report Violations: Contact police immediately
  • Get Legal Help: Secure counsel for protective order proceedings
Man signing divorce papers while woman sits beside him at table

Local Resources for Arlington Divorce Cases

Getting to know Tarrant County’s system and local resources can help streamline your process.

Tarrant County Family Court System:

  • Multiple District Courts: Several courts handle family law with different procedures
  • Family Court Services: Mediation and dispute resolution available
  • Tarrant County Family Court Complex: 401 W. Belknap Street, Fort Worth, TX 76196
  • Southwest Courthouse: 6551 Granbury Road, Fort Worth, TX 76133 (serves Arlington area)

Filing Requirements:

  • Residency: Either spouse must live in Tarrant County 90+ days and Texas 6+ months
  • Filing Fees: Approximately $300-350 (assistance available for qualifying applicants)
  • Waiting Period: 60-day minimum before finalization
  • District Clerk Offices: Multiple locations throughout Tarrant County

Arlington Area Resources:

  • Legal Aid of Northwest Texas: Free assistance for qualifying low-income residents
  • Tarrant County Bar Association: Referral services and legal education
  • Arlington Family Services: Local counseling and support programs
  • Child Protective Services: Support for families with welfare concerns
  • Collaborative Divorce Professionals: Network of attorneys, financial advisors, and counselors

Tarrant County Court Characteristics: Tarrant County processes high volumes of family law cases with emphasis on efficiency. Judges expect thorough preparation, adherence to rules, and professional presentation.

Serving Arlington and Neighboring Cities

Our divorce services extend throughout Tarrant County and surrounding areas. We know local courts and procedures:

Central Tarrant County Cities:

  • Arlington
  • Grand Prairie
  • Mansfield
  • Cedar Hill
  • DeSoto
  • Duncanville
  • Pantego
  • Dalworthington Gardens
  • Kennedale
  • Forest Hill
  • Everman
  • Rendon

Additional Counties We Serve:

  • Dallas County
  • Parker County
  • Denton County
  • Collin County
  • Rockwall County
  • Ellis County
  • Kaufman County
  • Hunt County
  • Hood County
  • Johnson County
  • Wise County
  • Cooke County
  • Grayson County

Our attorneys regularly appear in Tarrant County courts and understand local procedures, judge preferences, and case management. We know which courts handle specific matters and the most efficient resolution paths.

Schedule a Consultation with Our Arlington Divorce Lawyers

Facing divorce requires experienced legal guidance to protect your rights and secure your family’s future. Our team provides comprehensive support from initial consultation through final implementation.

During your consultation, we’ll evaluate your circumstances, explain your options clearly, and develop a strategy addressing your goals. Whether your case involves complex assets, custody disputes, business valuations, or family dynamics, our attorneys will guide you with expertise and determination.

Divorce is tough—don’t face it without support. Contact the Law Offices of Richard C. McConathy at (972) 303-8867 to schedule your free consultation and take the first step toward securing your future.