5 Common Mistakes to Avoid During a Divorce in Dallas, Texas
By April 23, 2025 Posted in Divorce Tagged in Divorce Share
Going through a divorce is one of life’s most challenging experiences, and going through on in Dallas is no exception.
While emotions may run high, avoiding common pitfalls can help you achieve an excellent outcome and move forward with confidence and your live in tact. Here are five mistakes to steer clear of during your divorce, along with tips to stay on the right path.
1. Letting Emotions Drive Decisions - Divorce is inherently emotional both before and after it’s completed. Allowing anger, resentment, or fear to guide your choices can lead to costly mistakes and unnecessary attorneys fees on your bill. For example, refusing to compromise on property division when the facts of your case do not support the position you insist on taking or insisting on custody arrangements out of spite can prolong the process and increase legal fees. In Dallas, courts always prioritize the best interests of children and equitable distribution of assets, so emotionally driven decisions usually do not align with legal realities. A veteran attorney can help you with clarity and make sure you make a sound decision based on logic, not emotion.
Tip: I am hesitant to recommend a therapist or counselor to process because historically clients have not received that advice well. However, they can help you stay focused on long-term goals, like financial stability and co-parenting (or protecting the children), rather than short-term wins.
2. Failing to Hire a Qualified Dallas Divorce Attorney – I do not believe every case needs an attorney. Let’s face it, most people in their early 20’s have little or no property, no children and no real marital fault to speak of (domestic violence being the one huge exception). In these cases, I think it’s perfectly fine to locate the forms online, fill them out, and file them by yourself. On the other hand, if you have assets, a house, retirement, debt that needs to be addressed to make sure it is paid, and/or you have a child then you need a lawyer. I have so many horrible stories of do-it-yourself divorce’s – some errors cannot be fixed. Please hire a lawyer, even if it’s for a cursory review of your paperwork. Divorce laws in Texas are complex, and Dallas County courts have specific procedures that can be difficult to navigate. One of the biggest mistakes is trying to handle your divorce without an experienced attorney who understands local family law. Ultimately hire someone you fell you can trust. That’s the foundation of every successful attorney-client relationship.
Tip: Research attorneys who specialize in family law in Dallas. Look for someone with a strong track record in cases similar to yours, whether it involves child custody, high-asset division, or spousal support.
3. Overlooking Community Property Rules - Texas is a community property state, meaning most assets and debts acquired during marriage are divided equitably (not necessarily equally) in a divorce. A common mistake is assuming you’ll automatically keep certain assets, like a house or retirement account, without understanding how Texas law applies. Missteps in identifying separate property (e.g., inheritances or gifts) or failing to disclose all assets can lead to unfair settlements or legal penalties. Also failing to hire a financial expert when one is absolutely necessary often leads to very poor property awards
Tip: Work with your attorney to create a detailed inventory of all assets and debts. Be transparent about your finances to avoid complications during the division process and be honest about your goals. Ask questions.
4. Neglecting to Familiarize Yourself with Basic Child Custody and Support Rules - In Dallas, child custody (we use the term conservatorship in Texas) and support decisions are guided by the child’s best interests. Texas has a presumptive schedule for all children called Standard Possession. It’s a very good idea to become familiar with the basics of how it works and what it is because we typically work from this model, even if extensive changes are made. You can read up about it at: https://www.dallasdivorcelawyer.com/blog/texas-standard-possession-order/ A clear parenting plan has to include specific days each parent will have the children with specific start and end times for each period of possession. Without a well-thought-out plan, you risk unfavorable court rulings. The Court can’t award what you want unless you are very clear about communicating what it is your want.
Tip: Litigation is non-linear in it’s planning and execution. You start with where you want to end up and work backwards from there. Collaborate with your attorney to develop a parenting plan that outlines custody schedules, decision-making responsibilities, and support payments. Be realistic about your availability and financial situation to create a sustainable arrangement.
5. Ignoring the Importance of Financial Documentation - Divorce in Dallas often involves dissecting years of financial history, from bank accounts to tax returns. A common error is not gathering or organizing financial documents early in the process. Incomplete or inaccurate records can delay proceedings, weaken your case, could lead to money penalties against you for failure to exchange documents with the other side or lead to a bad division of assets. This is especially critical in high-net-worth divorces, which are common in Dallas.
Tip: Collect key documents, including bank statements, mortgage records, investment accounts, and tax returns for at least the past three years. Consider consulting a financial adviser to understand the long-term impact of asset division.
Final Thoughts - Divorce in Dallas, Texas, requires careful navigation of emotional, legal, and financial challenges. By avoiding the above mentioned five common mistakes. Surround yourself with trusted professionals, stay informed about Texas divorce laws, and focus on building a positive future.
If you’re facing a divorce in Dallas, reach out to me at (214) 977-9050. With the right support, you can move forward with clarity and confidence.