Arlington Divorce Lawyer

Divorce Lawyer Arlington, TX

If you’re going through a divorce in Arlington, you’re dealing with more than just paperwork. There’s the emotional weight of ending a marriage. Financial uncertainty about what comes next. Concerns about how this affects your children.

It feels overwhelming.

At Brandy Austin Law Firm, our Arlington, TX divorce lawyer has spent over a decade handling these cases in Tarrant County. We’ve seen what works and what doesn’t. Our job is protecting your rights while you figure out how to move forward. Contact us to schedule a confidential consultation.

Why Choose Brandy Austin Law Firm for Divorce in Arlington, Texas?

Deep Roots in Arlington Family Courts

Brandy M. Austin started this firm in 2013. Her entire investment? Three hundred dollars—the registration fee with the state of Texas.

She’d been practicing since 2008 after graduating from Baylor University School of Law. By the time she opened her own practice, she understood what clients actually needed: a firm that worked around their lives instead of the other way around. She built the practice part-time at first. Just her, handling cases while creating something different.

That foundation still shapes how we operate. Brandy serves as President-Elect of the Tarrant County Trial Lawyers and maintains active membership in the Arlington Bar Association, Tarrant County Bar Association, and Tarrant County Probate Bar Association. Our family law firm in Arlington, TX practice grew from those connections and the trust we’ve built locally.

The awards followed the work. Super Lawyers named her a Rising Star from 2015 through 2018. The National Academy of Personal Injury Attorneys ranked her a Top 10 Attorney Under 40. Fort Worth Magazine recognized her as a Top Attorney for four consecutive years. She’s earned AVVO’s Top Attorney designation and the American Institute of Legal Counsel’s 10 Best Client Satisfaction award. The Texas Bar Foundation named her a Fellow. The Litigation Counsel of America made her an Associate Fellow.

But here’s what matters more than plaques on a wall: she knows Tarrant County judges, opposing counsel, and how cases move through local courts. That knowledge changes outcomes.

Our Approach to Your Divorce

No two marriages end the same way. Some couples can work things out cooperatively. Others fight over everything. Most fall somewhere in between.

We start by listening. What keeps you up at night? Is it worrying about seeing your kids? Fear of financial instability? Anger about what your spouse did? Once we understand your priorities, we build a strategy around them.

You won’t get shuffled to junior associates. The people handling your case stay consistent. Discovery, settlement talks, mediation sessions, court hearings—you’ll know who’s doing what and why. Our team answers emails and returns calls. You shouldn’t have to wonder what’s happening in your own divorce.

What Clients Say About Working With Us

★★★★★

“I enjoyed using Brandy Austin Law Firm for my divorce. I mean… it’s not a fun situation but they got it done! Sharon was my main point of contact and she was always very nice and answered all of my questions.” – Katie Snell

Read more reviews on our Google Business Profile.

Discussing Fees and Representation Costs

Talking about money during divorce is uncomfortable. You’re already stressed about dividing assets and whether you can afford your own place.

We don’t post prices online because every case is different. A simple uncontested divorce costs less than a contested trial involving business valuation and custody disputes. During your confidential consultation, we explain exactly what representation looks like for your situation. You’ll understand costs before deciding whether to hire us. We can also discuss payment options if that helps.

Types of Divorce Cases We Handle in Arlington

Our firm handles divorce cases across the full spectrum in Tarrant County.

Uncontested divorce. Both spouses agree on everything—property split, custody arrangements, support payments. We prepare documents, ensure compliance with Texas requirements, and guide you through the process. Even when everyone gets along, you need an attorney verifying the agreement protects your interests.

Contested divorce. Disagreements over major issues require litigation. Could be property valuation disputes. Fights about spousal support. Custody battles. Business ownership conflicts. We prepare thoroughly, negotiate strategically, and advocate aggressively when necessary.

High net worth divorce. Complex estates demand sophisticated handling. Multiple properties, business interests, investment portfolios, retirement accounts—everything needs accurate valuation. We bring in financial analysts, forensic accountants, and appraisers when needed. Hidden assets? We find them.

Military divorce. Service members face unique complications. Which state has jurisdiction? How do you divide military pensions under federal law? What happens if deployment interferes with court dates? The Servicemembers Civil Relief Act creates additional protections and requirements. We handle these specialized issues regularly.

Divorce mediation. Many couples prefer settling outside court. Mediation puts you in control rather than leaving decisions to a judge. It costs less, resolves faster, and preserves relationships—especially important when kids are involved.

Post-divorce modifications. Life changes after divorce is finalized. Job loss. Serious illness. Remarriage. Relocation for work. When circumstances change substantially, the court may modify custody, support, or visitation. We help clients pursue appropriate modifications based on changed conditions.

Texas Legal Requirements for Divorce

Texas law sets specific requirements before you can file or finalize divorce.

Where and When You Can File

The Texas Family Code requires residency before filing. Either spouse must have lived in Texas for six consecutive months. One spouse must have resided in the filing county for 90 days.

Just moved to Arlington from another state? You’ll wait until hitting the six-month mark. Just moved to Tarrant County from Dallas? You need 90 days local residency first.

These aren’t suggestions. File in the wrong county or before meeting residency requirements, and your case gets dismissed. Start over.

The 60-Day Rule

Texas mandates a 60-day waiting period between filing and finalization. Every divorce. No exceptions except cases involving family violence proven to the court’s satisfaction.

This means even the simplest, friendliest, completely uncontested divorce takes at least two months. Plan your timeline accordingly.

Reasons for Divorce Under Texas Law

Texas allows no-fault divorce. Most people file claiming “insupportability”—basically, the marriage isn’t working anymore because of conflict or personality differences that destroy the relationship. You don’t need to prove your spouse did anything wrong.

Fault-based grounds exist too. Cruelty. Adultery. Felony conviction with imprisonment. Abandonment for at least a year. Living apart for at least three years. Confinement in a mental hospital.

Why does this matter? Fault affects property division and spousal support. Courts can award a larger share of marital property to the “innocent” spouse. Proving fault takes more time and evidence, but sometimes it’s worth pursuing.

Community Property Laws

Texas follows community property rules. Generally, assets and debts acquired during marriage belong equally to both spouses regardless of whose name appears on titles or accounts.

Separate property belongs to one spouse alone. Assets owned before marriage. Inheritances received during marriage. Gifts given specifically to one spouse. Personal injury settlements for one spouse’s injuries.

Here’s the challenge: proving something is separate property requires documentation. Lost the paperwork showing you owned that rental property before getting married? The court might treat it as community property and divide it. Good records matter enormously.

Important Aspects of an Arlington Divorce Case

How Texas Courts Divide Property

Texas law requires “just and right” division. That’s not the same as equal.

Courts examine multiple factors. How much can each spouse earn? Who caused the marriage to fail? What benefits would the innocent spouse have received if the marriage continued? Are there big differences in earning power or business opportunities? What do the children need?

Everything needs accurate valuation. The house. Retirement accounts. Businesses. Vehicles. Furniture, jewelry, collections—all of it. We work with appraisers and financial professionals when values are disputed or complex. You can’t protect your share if you don’t know what things are actually worth.

Conservatorship Versus Custody

Texas doesn’t use “custody” in family law. The legal term is “conservatorship.”

Joint managing conservatorship means both parents share major decisions about the child—medical care, education, religious upbringing. Most divorces result in joint managing conservatorship because courts prefer both parents staying involved.

Sole managing conservatorship gives one parent primary decision-making authority. Courts order this when evidence shows joint management wouldn’t serve the child’s best interest. Maybe there’s family violence. Substance abuse. Mental health issues prevent sound parenting decisions.

The best interest of the child drives every custody determination. Courts consider each parent’s ability to provide a stable home. The emotional bond between parent and child. Each parent’s ability to support the other parent’s relationship with the child. Plans for the child’s future. History of family violence or neglect.

Our child custody lawyers in Arlington handle these cases with one priority: protecting your relationship with your children. Sometimes that means fighting hard for more time. Sometimes it means negotiating arrangements both parents can accept.

Calculating Child Support

Texas uses percentage-based guidelines for child support. The paying parent’s net monthly resources get multiplied by a percentage based on number of children: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more.

Courts can deviate from guidelines. High earners may pay less than the strict percentage. Special needs children may require more. Medical expenses, private school, extracurricular activities—all potentially affect the final number.

Our child support lawyers ensure accurate income calculation. Employers sometimes underreport wages. Self-employed individuals hide income. We dig into tax returns, bank statements, and business records to verify what someone actually earns.

Qualifying for Spousal Maintenance

Getting spousal maintenance in Texas is harder than in many states. The requesting spouse must lack sufficient property to meet minimum reasonable needs and satisfy at least one condition:

• The marriage lasted 10+ years and the spouse lacks earning ability to meet basic needs.
• The spouse has a disabling physical or mental condition.
• The spouse has custody of a child with disabilities requiring substantial care.
• The paying spouse committed family violence documented within two years before filing.

Even then, duration is limited. Marriages under 10 years qualify for up to five years of maintenance. Marriages lasting 10 to 20 years allow up to five years. Twenty to thirty years allows up to seven years. Thirty years or longer allows up to ten years. Courts can order longer periods only when the spouse has a disabling condition.

The Texas spousal support statute caps amounts based on the paying spouse’s income and limits total duration. These restrictions mean many people don’t qualify despite needing financial help post-divorce.

Arlington Divorce Law Infographic

Dividing Retirement Accounts Properly

Retirement accounts earned during marriage are community property subject to division. 401(k) plans. Traditional and Roth IRAs. Pensions. Government retirement systems. Military retirement benefits.

You can’t just withdraw half and hand it over. That triggers taxes and early withdrawal penalties. Instead, you need a Qualified Domestic Relations Order—a QDRO. This specialized court order directs the plan administrator to divide the account or pay benefits to the former spouse without tax consequences.

QDROs are technical documents that must comply with both federal ERISA requirements and the specific plan’s rules. Get it wrong, and the plan administrator rejects it. We prepare these orders correctly the first time.

Finding Hidden Assets

Some people hide assets during divorce. Not everyone, but it happens enough that you should watch for warning signs.

Large cash withdrawals with vague explanations. Transferring property to friends or family members for “safekeeping.” Undervaluing business interests when the other spouse doesn’t understand the business. Buying expensive items and putting them in someone else’s name. Creating fake debts to deplete marital funds.

We use discovery tools to uncover these tactics. Subpoenas for bank records. Demands for tax returns. Interrogatories about income sources and asset ownership. Depositions where we question the other spouse under oath. Sometimes we need forensic accountants to trace money through multiple transactions.

Full financial disclosure is required under Tarrant County family court rules. We enforce that requirement aggressively when we suspect someone’s hiding assets.

Contact Brandy Austin Law Firm

Divorce in Arlington, Texas isn’t just about ending a marriage. It’s about protecting your financial future, preserving your relationship with your children, and positioning yourself to rebuild your life.

Schedule a confidential consultation. We’ll review your situation, explain how Texas law applies to your specific circumstances, and answer your questions honestly. You’ll understand the process before committing to anything.

Whether you’re dealing with a cooperative spouse or fighting over every issue, you need someone who knows Texas family law and understands how Tarrant County courts work. Contact Brandy Austin Law Firm today.

Reach Out To Brandy Austin Law Firm, PLLC

Whatever the end goal, our divorce attorneys in Arlington, Texas, can help you reach an agreement with you and your children’s best interests in mind — reach out to Brandy Austin Law Firm, PLLC to learn more about how we can help with child custody in your divorce.

We want to help you resolve your legal matters in the best and most efficient way possible. Our clients are important to us, and we value our relationships greatly. Your best interests are our primary concern. Please fill out our online form or call 817-841-9906 to schedule a free consultation today.