Practice Areas

Families today face complex legal issues that previous generations could hardly have imagined. Regardless of the nature of the issue, choosing the right attorney is essential, as most family law matters require are complicated and require an attorney with the resources and experience needed to obtain the best outcome. The dedicated Dalla family law attorneys of McClure Law Group assist clients with a wide range of legal concerns, from preparing a pre-marital agreement for a newly-engaged couple planning for the future to advising prominent business leaders or professional athletes navigating complex divorce and custody matters discreetly. We have represented clients in family law matters across Texas and internationally, in cities from Denton to Dubai and in states from California to New York, always serving as strong advocates to secure the results our clients seek. Contact our experienced team today to explore your options and take the first step toward resolution.

Texas law allows either spouse to file for divorce based on “insupportability,” which is similar to “irreconcilable differences” in other states, or on fault grounds like cruelty or adultery. Texas follows a community property rule, where most assets acquired during the marriage are presumed to belong equally to both spouses, regardless of who earned them, with some exceptions. This community property standard means that upon divorce, the court divides assets and debts acquired during the marriage in a manner that is “just and right,” rather than necessarily equal, depending on factors such as earning potential and contributions to the marriage.

High net worth divorces in Texas involve complex property issues due to significant financial holdings. In addition to standard community property laws, high-value cases often require the division of business interests, real estate, investment portfolios, and other financial assets. Texas courts assess the value of these assets and consider factors like whether they were acquired before the marriage, whether they increased in value due to the efforts of both spouses, and their classification as community or separate property.

Texas law bases child custody decisions on the best interests of the child, focusing on creating stable and supportive arrangements. In Texas, conservatorship refers to parental rights and duties, and can be shared (joint conservatorship) or granted to one parent (sole conservatorship). The court considers factors like each parent’s ability to provide a stable home, the child’s needs, and any history of family violence. Custody orders also include visitation schedules, commonly referred to as possession and access, to allow children regular, meaningful time with both parents.

Texas law permits modifications of child custody, support, and visitation orders when a material and substantial change in circumstances occurs, such as a change in employment, relocation, or a significant change in the needs of a child. Modifications must be filed with the court and meet statutory requirements to ensure they are in the best interest of the child. The court may modify the arrangement if it finds that the change benefits the child’s welfare.

Texas allows couples to enter into pre-marital (prenuptial) and post-marital (postnuptial) agreements to determine property division in the event of divorce. These agreements are valid so long as both parties fully disclose their financial situations and voluntarily agree to the terms. Texas courts generally enforce these agreements, provided they are fair and do not limit child support obligations. Pre- and post-marital agreements can protect individual assets, inheritance rights, and clarify financial responsibilities.

In Texas, a spouse may appeal a final divorce decree if they believe the court made a legal error in its decision. Appeals must be filed within 30 days of the final judgment, and only errors in the application of law or abuse of discretion are grounds for appeal, rather than disagreement with the outcome. The appellate court reviews the trial record and legal arguments to determine whether to uphold or overturn the decision.

Texas courts enforce family law orders related to child support, custody, visitation, and alimony through various enforcement mechanisms. A party may file a motion for enforcement when another party fails to comply with court orders. Remedies for enforcement include wage garnishment, liens on property, contempt of court, and in some cases, jail time for noncompliance, particularly in cases of unpaid child support.

Collaborative law is an alternative dispute resolution process available in Texas, focusing on negotiated settlements outside of court. In a collaborative divorce, both parties work with their attorneys and sometimes additional professionals to resolve issues like property division and child custody. The collaborative process is designed to minimize conflict and facilitate open communication, with the goal of creating mutually beneficial agreements without the need for litigation.

Texas law allows paternity to be established voluntarily by both parents or through court orders. Establishing paternity provides a legal basis for parental rights and responsibilities, such as child support and custody. Once paternity is established, fathers can seek custody and visitation rights, and children gain access to financial and health benefits from both parents, along with rights to inheritance.

In Texas, grandparents may seek custody or visitation rights under specific circumstances. While parents generally have the primary right to make decisions for their children, Texas law allows grandparents to petition for access if it is in the child’s best interest and if at least one parent’s rights remain intact. Grandparents may also seek custody if the child’s well-being is at risk due to parental neglect, abuse, or other harmful conditions.

Texas permits surrogacy arrangements but does not have specific surrogacy statutes. Intended parents can establish legal parentage through surrogacy agreements, which must address key aspects such as parental rights, financial support, and healthcare responsibilities. Surrogacy agreements help to protect the rights and responsibilities of all parties involved, ensuring that the intended parents’ legal rights are recognized once the child is born.

Texas recognizes the right of same-sex couples to divorce and addresses unique issues related to parenting and custody. In cases where only one parent has a legal or biological relationship to the child, Texas courts evaluate custody and visitation based on the child’s best interests, sometimes requiring additional legal action for the non-biological parent to secure parental rights. Same-sex couples face unique challenges, but Texas law allows equitable solutions.

Although Texas does not recognize common law marriage for all couples, cohabitation agreements provide a way for unmarried partners to protect their property and financial rights. Cohabitation agreements define property division, financial responsibilities, and rights in the event of separation. While Texas law requires certain elements for enforceability, these agreements provide security for partners who wish to clarify financial arrangements outside of marriage.

In Texas, name changes for adults or children must be approved by the court, requiring evidence that the change is in the public interest and, for minors, in the child’s best interest. Adults can request a name change for personal, professional, or privacy reasons. The process involves filing a petition, and, for minors, usually requires the consent of both parents unless otherwise ordered by the court.

If you are faced with a family law dispute, it is critical to retain an attorney who will work tirelessly to protect your rights and support your family’s well-being. From guiding high-profile individuals discreetly through divorce to assisting parents with sensitive custody arrangements, the Dallas family law attorneys of McClure Law Group are dedicated to helping clients navigate all types of family law matters with care, compassion, and legal knowledge, and if we represent you, we will advocate aggressively on your behalf. Our primary office is located in Dallas. We also have a Collin-County office in Plano, where we are available to meet with clients by appointment. We regularly represent people in family law cases in Dallas, Fort Worth, Rockwall, Frisco, McKinney, Irving, Richardson, and Garland. We also assist people with family law issues in cities in Dallas, Denton, Collin, Rockwall, Tarrant, and Grayson Counties. You can contact us via our online form or call 214.692.8200 to arrange a confidential meeting.