Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Divorce and custody decisions made in a Dallas County or Collin County courtroom do not reverse easily. A property division order is final when the divorce decree is signed. A custody arrangement becomes the default for every subsequent modification hearing. Getting those terms right from the beginning matters more than most clients realize until after the fact.
Richard McConathy handles high-asset divorce and contested custody cases across North Texas.
If your divorce involves a business, a contested custody dispute, or a marital estate with moving parts, call 972-233-5700 now or fill out the contact form. The consultation is free and confidential.
Divorce and custody disputes affect more than legal rights. They affect where your children live, how major decisions get made, and how property accumulated over years of marriage gets divided. Families facing these issues need practical guidance and clear answers, not unnecessary conflict.
Texas family law attorneys handle divorce, child custody, child support, and related disputes under the Texas Family Code. The Law Offices of Richard C. McConathy represent clients in divorce, conservatorship disputes, possession schedule negotiations, and child support cases across North Texas.
For more than 35 years, Richard C. McConathy and his team have represented individuals and their families. The firm focuses on resolving family law disputes involving children, property division, and long-term financial interests. Adoption cases are not part of the firm’s practice.
Many clients come to McConathy Law because they want direct communication and realistic advice. Some families need help negotiating parenting plans. Others face contested custody disputes or divorces involving retirement accounts, businesses, or substantial assets. Every case receives a strategy built around the facts, the priorities of the client, and the requirements of Texas law.
Because each North Texas county has its own judges, local rules, and procedures, familiarity with the courts in Dallas, Tarrant, Denton, and Collin counties provides valuable insight when preparing for hearings, negotiations, and trials.
At the Law Offices of Richard C. McConathy, we’re ready to put our decades of experience to work for you. Call us at (972) 528-0478 for a confidential consultation or visit our contact us page.
Texas divides marital property under a community property framework established in the Texas Family Code, Chapter 7. Community property is everything either spouse acquired during the marriage, regardless of whose name is on the account or the title. Each spouse’s separate property, or assets owned before the marriage or received as gifts or inheritance, stays with that spouse, provided it was not commingled with marital funds.
Texas courts divide community property in a manner that is “just and right,” which does not automatically mean equal. Fault in the marriage, disparity in earning capacity, age, health, and contributions to the marital estate all factor into what a Dallas County or Collin County district court considers a fair division.
The distinction between separate and community property determines what is on the table in your divorce. Texas law places the burden of proving separate property on the spouse claiming it, and that proof must meet the clear and convincing evidence standard under Texas Family Code Section 3.003.
Assets that typically qualify as separate property include:
Commingling is where separate property claims collapse. A premarital bank account that received direct deposit paychecks throughout the marriage and then funded joint expenses presents a tracing challenge that requires forensic financial documentation. The longer the marriage and the less disciplined the financial recordkeeping, the harder that proof becomes.
A high-asset Texas divorce is not just a standard divorce with a larger number at the top. It requires valuation of assets that do not have a simple market price: a professional practice, a closely held business, unvested stock awards, deferred compensation, or real estate holdings across multiple counties.
Retirement accounts present their own layer of complexity. A 401(k) or pension accumulated during the marriage is community property in Texas, but dividing it requires a Qualified Domestic Relations Order (QDRO), which is a separate court order directing the plan administrator how to split the account. A QDRO drafted incorrectly triggers tax consequences and penalties that effectively reduce the asset’s value before either party receives it.
When one or both spouses own a business, the divorce requires determining what portion of the business value is community property versus separate property and then establishing the actual value of that community interest. Texas courts have accepted multiple valuation methodologies, and opposing experts routinely reach different conclusions.
The approach our firm takes in business valuation disputes includes:
Business valuation is one of the most contested issues in high-asset North Texas divorces, particularly in Collin County, where the growth of technology, finance, and professional services industries has created a high concentration of business-owning married couples. Getting the valuation right is the foundation of everything else in the settlement.
Texas courts decide child custody based on the best interest of the child standard, which is the governing principle under Texas Family Code Section 153.002. The term “custody” in Texas law splits into two parts: conservatorship, which determines decision-making authority over the child’s education, healthcare, and religious upbringing, and possession and access, which determines the physical schedule.
Texas courts start with a presumption that joint managing conservatorship—shared decision-making authority—serves the child’s best interest. That presumption does not mean equal possession time. The Texas Standard Possession Order (SPO) governs most possession schedules, giving the non-primary parent a structured schedule of alternating weekends, certain weekdays, holidays, and extended summer possession.
Judges in Dallas County, Tarrant County, and Denton County depart from the standard possession schedule when specific circumstances require it. The factors that drive those departures matter to any parent pursuing a non-standard arrangement:
| Factor Considered by the Court | Why It Matters |
| Distance Between the Parents’ Homes | Parents who live far apart may require modified possession schedules under Texas Family Code § 153.312 to account for travel and school obligations. |
| History of Family Violence | Texas Family Code § 153.004 creates a rebuttable presumption against joint managing conservatorship when there is a history of family violence. |
| Child’s Age and Special Needs | Young children and those with developmental, educational, or medical needs may benefit from schedules tailored to their specific circumstances. |
| Parent’s Work Schedule and Availability | Irregular work hours, frequent travel, or geographic instability can affect a parent’s ability to exercise possession consistently and may require a customized arrangement. |
Contested custody cases in North Texas require a working familiarity with how specific courts evaluate parenting evidence. Richard McConathy has appeared in family law proceedings in Dallas County District Courts, Collin County District Courts, and courts across the DFW region.
Your family deserves experienced, compassionate legal representation – contact the Law Offices of Richard C. McConathy today and let us help you secure a better tomorrow.
A Texas divorce takes a minimum of 60 days from the date the petition is filed, under the mandatory waiting period in Texas Family Code Section 6.702. Contested divorces involving property disputes, business valuation, or custody fights routinely take twelve to eighteen months or longer, depending on the complexity of the assets and the level of conflict between the parties.
The process moves through these stages in a contested Texas divorce:
Most high-asset Texas divorces settle at or after mediation, but the terms of that settlement depend entirely on what was built during discovery and what each side’s trial position looks like.
A: An uncontested Texas divorce takes a minimum of 61 days from the date the petition is filed because of the mandatory 60-day waiting period under Texas Family Code Section 6.702. If both spouses agree on all terms (property, custody, and support) and paperwork is complete, the divorce finalizes shortly after that waiting period ends. Most uncontested divorces in Dallas County and Collin County complete within two to four months total.
A: No. Texas divides community property in a manner that is "just and right," not necessarily equal. A Dallas County or Collin County judge considers fault in the marriage breakdown, each spouse's earning capacity, age, health, contributions to the marital estate, and custody arrangements when determining what a fair division looks like. In high-asset divorces, the gap between what each party receives regularly departs from a straight 50/50 split.
A: Yes, a Texas custody order is modifiable when there has been a material and substantial change in circumstances since the order was entered, under Texas Family Code Section 156.101. Common qualifying changes include a parent relocating, a significant shift in the child's needs, a change in a parent's work schedule, or a deterioration in the other parent's ability to care for the child. The parent seeking modification carries the burden of proving the change and showing the modification serves the child's best interest.
A: Filing first can create strategic advantages when financial records, business interests, or temporary orders are likely to become disputed. In a high-asset case where one spouse controls business records or financial accounts, filing first also triggers the date the inventory of community assets is formally established. It does not affect how the court ultimately divides property or decides custody, but the procedural position matters more than most people realize before filing.
Texas does not recognize legal separation as a formal legal status. Spouses in Texas are either married or divorced — there is no intermediate status that creates separate legal rights to property or support without ending the marriage. Texas does allow for a suit affecting the parent-child relationship (SAPCR), which establishes custody and support orders without divorce, and some spouses pursue temporary orders that function similarly to separation arrangements while a divorce is pending.
Texas child support follows a percentage-of-income formula under Texas Family Code Chapter 154, applied to the paying parent's monthly net resources. The percentages are 20% for one child, 25% for two children, 30% for three children, 35% for four children, and 40% for five or more children. Courts deviate from these guidelines when the paying parent's income significantly exceeds the statutory cap or when the child has special medical or educational needs that the standard calculation does not address.
The family home is community property in Texas if it was purchased during the marriage, regardless of whose name is on the deed. In a divorce, the court determines a just and right division, which results in either one spouse buying out the other's community interest, the home being sold with proceeds divided, or a deferred sale arrangement tied to a child's school completion. In high-asset divorces where the home carries significant equity, how it is valued and divided becomes a central negotiation point.
Divorce and custody decisions made in a Dallas County or Collin County courtroom do not reverse easily. A property division order is final when the divorce decree is signed. A custody arrangement becomes the default for every subsequent modification hearing. Getting those terms right from the beginning matters more than most clients realize until after the fact.
Richard McConathy handles high-asset divorce and contested custody cases across North Texas.
If your divorce involves a business, a contested custody dispute, or a marital estate with moving parts, call 972-233-5700 now or fill out the contact form. The consultation is free and confidential.
Divorce and custody decisions made in a Dallas County or Collin County courtroom do not reverse easily. A property division order is final when the divorce decree is signed. A custody arrangement becomes the default for every subsequent modification hearing. Getting those terms right from the beginning matters more than most clients realize until after the fact.
Richard McConathy handles high-asset divorce and contested custody cases across North Texas.
If your divorce involves a business, a contested custody dispute, or a marital estate with moving parts, call 972-233-5700 now or fill out the contact form. The consultation is free and confidential.
We offer Family Law services in cities across Texas:
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