Divorce
Contested and uncontested divorce, community property division, and the orders that hold up afterward.
Explore Divorce
Overview
Family Law representation in Dallas and North Texas
Family cases are the ones clients carry home with them. A custody schedule is not an abstraction; it is who picks up your daughter on Thursday. Herrera Bautista PC handles these matters with the practical steadiness they call for — clear about what Texas law allows, honest about what a court is likely to do, and focused on getting you to a workable arrangement rather than a longer fight.
Texas has its own vocabulary here. What most people call custody the Family Code calls conservatorship, and what people call visitation is possession and access, generally structured around the Standard Possession Order. Texas is a community property state, so property acquired during the marriage is presumed to belong to both spouses and must be divided in a manner the court finds just and right — which does not always mean an even split. Child support is calculated from statutory guidelines applied to net resources, with the court able to depart from them where the facts warrant.
Whether you need to file, respond, modify an existing order or enforce one that is being ignored, the first step is the same: a free consultation where you find out where you actually stand.
Focus Areas
Specific family law matters we handle
Detailed pages on the case types clients ask about most.
What We Handle
Family Law matters we take on
If your situation is not on this list, ask anyway — the consultation is free and we will tell you where it belongs.
- Contested and uncontested divorce
- Conservatorship (custody) and possession and access schedules
- Child support, medical support and dental support
- Modification of existing custody or support orders
- Enforcement and contempt actions when an order is ignored
- Property division, including retirement accounts and family businesses
- Spousal maintenance claims and defenses
- Paternity and establishment of parentage
- Protective orders in family violence situations
- Grandparent and non-parent access claims
- Prenuptial and postnuptial agreements
- Adoption and stepparent adoption
The Process
How a family law matter moves forward
- 01
Free Consultation
We map out your situation, the children involved, the assets in play, and what outcome you are actually trying to reach — then explain the realistic paths to get there.
- 02
Filing & Temporary Orders
Where matters cannot wait, we seek temporary orders covering where the children live, who pays what, and how the household functions while the case is pending.
- 03
Negotiation or Mediation
Most Texas family cases resolve in mediation. A negotiated agreement is usually faster, less expensive and more durable than one imposed after a contested hearing.
- 04
Final Orders & Follow-Through
We finalize the decree and make sure it is written to be enforceable — and we are here afterward if it needs to be modified or enforced.
Why Herrera Bautista PC
Why clients hire us for these cases
- 01
Straight answers about likely outcomes
You will hear what a Texas court is realistically likely to do, including when that is not what you were hoping for. Decisions made on accurate information hold up better.
- 02
Children first, without the theater
We do not escalate for its own sake. Judges notice, costs climb, and children absorb the fallout — so we push hard where it counts and settle where settling serves you.
- 03
Available in English and Spanish
Family matters are difficult enough without a language barrier between you and your own case.
Client Feedback
What family law clients say
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“I came in expecting to be talked over and instead got a straight explanation of what the court could and could not do. The custody schedule we ended up with is one my kids can actually live with.”
R. M.Dallas, TXFamily Law “They explained every step in Spanish for my mother and in English for me, and nobody made either of us feel rushed. That mattered more than I expected it to.”
Elena V.Irving, TXFamily Law “My modification had been sitting unresolved for a year with another firm. Herrera Bautista filed it, prepared it properly, and it was handled within a few months.”
D. NguyenPlano, TXFamily Law
Questions about a family law matter?
Tell us what happened and we will tell you where you stand. Consultations are free, confidential, and available in English and Spanish.
FAQ
Family Law questions we hear
General information only — every case turns on its own facts. For an answer about your situation, call us.
Texas imposes a 60-day waiting period from the date the petition is filed before a divorce can be finalized, with narrow exceptions in certain family violence cases. An uncontested divorce may finish shortly after that window. Contested cases involving children, disputed property or a family business commonly take several months to a year or more.
Generally one spouse must have been a Texas resident for the preceding six months and a resident of the county where the case is filed for the preceding 90 days. There are provisions covering military service members and spouses stationed elsewhere.
The standard is the best interest of the child. Texas law presumes that parents should be named joint managing conservators, but that addresses decision-making rights rather than the physical schedule. Courts weigh each parent's involvement, the stability of each home, the child's needs, any history of family violence, and — for a child 12 or older — the child's preference expressed to the judge, which is considered but not controlling.
The guidelines apply a percentage of the paying parent's monthly net resources — commonly 20% for one child, 25% for two, and rising with additional children, subject to a statutory cap on net resources that is adjusted periodically. Courts can deviate from the guidelines where a child has particular needs or where the circumstances justify it.
Not necessarily. Community property must be divided in a just and right manner, which allows a court to award an unequal share based on factors such as earning capacity, fault in the breakup of the marriage, and who has primary care of the children. Separate property — generally what you owned before the marriage, plus inheritances and gifts — is not divided, but it must be proven separate by clear and convincing evidence.
Yes. Texas allows modification when circumstances have materially and substantially changed since the last order — a job relocation, a significant income change, or a change in a child's needs, for example. Some modifications have their own timing rules, so it is worth asking before you rely on an informal arrangement.
Related practice areas
- Estate PlanningWills, powers of attorney, trusts and probate — so your family is not left guessing.Learn more
- Criminal LawMisdemeanor and felony defense in Dallas County and across North Texas, from arrest through resolution.Learn more
- Civil LawContract, property and consumer disputes — resolved by negotiation where possible, by litigation where necessary.Learn more
Start with a free consultation.
One conversation is usually enough to know whether you need an attorney and what your options are. There is no cost and no obligation.
- Free Consultation
- Licensed in Texas
- Multi-Practice Legal Team
- Serving Dallas & Surrounding Counties