Preston Hollow divorce attorneys handle fault-based divorce, spousal maintenance, and complex property claims in Dallas County family courts under Texas law.
Key Takeaways:
- Texas spousal maintenance is limited and most spouses don’t automatically qualify.
- Fault in the marriage can affect both property division and support outcomes.
- Neave Law, PLLC brings legislative and litigation experience to every Preston Hollow case.
Preston Hollow families have built real financial lives together from careers, investment accounts, and businesses, to homes that took decades to accumulate. When a marriage ends, the financial questions don’t stop at property. They extend to income, support, and what each spouse walks away able to sustain.
Texas divorce law gives courts meaningful tools to address those questions, but the outcomes are never automatic. What you can show the court, and how you frame it, determines what’s possible. Our experienced Preston Hollow divorce attorneys at Neave Law, PLLC handle these cases at every stage, from the first filing through final decree.
Book a free case evaluation today.
Fault vs. No-Fault Divorce in Texas
Texas allows divorce on both fault and no-fault grounds, and the choice between them has real consequences for how a case unfolds.
A no-fault divorce is filed on the grounds of insupportability, meaning the marriage has become insupportable due to conflict or discord. No blame is assigned. This is the most common path and tends to move faster when both parties are willing to cooperate.
A fault-based divorce assigns responsibility to one spouse for the breakdown of the marriage. Texas recognizes several fault grounds:
- Adultery
- Cruelty
- Abandonment for at least one year
- Felony conviction and imprisonment
- Living apart for at least three years
Fault matters because Texas courts can consider it when dividing property and awarding spousal maintenance. A spouse whose conduct caused the divorce may receive a less favorable split and that leverage shapes every negotiation that follows.
Our Preston Hollow divorce attorneys can help you assess whether you qualify, what amount is realistic, and how to build the financial record the court needs to see.
Who Qualifies for Spousal Maintenance in Texas
Spousal maintenance (what most people call alimony) is not guaranteed in Texas. The Texas Family Code sets specific eligibility requirements, and courts apply them strictly.
To qualify, the requesting spouse must generally show they can’t meet their minimum reasonable needs after the divorce. Beyond that threshold, one of the following must also apply:
- The marriage lasted at least ten years and the requesting spouse lacks sufficient earning ability
- The requesting spouse has a physical or mental disability that limits their ability to work
- The requesting spouse is the custodial parent of a child with a disability requiring substantial care
- The other spouse was convicted of or received deferred adjudication for family violence
Duration is also capped. For most long-term marriages, maintenance is limited to five years. The court sets the amount based on the requesting spouse’s needs and the paying spouse’s ability to pay, with a statutory cap.
How Fault and Maintenance Work Together in High-Income Cases
In Preston Hollow divorces where one spouse significantly out-earns the other, both fault and maintenance become pressure points in negotiation.
A documented fault ground gives the lower-earning spouse leverage in property division, meaning courts can award a disproportionate share when fault is established. That same dynamic can surface in maintenance discussions, particularly when the marriage was long and one spouse stepped back professionally to support the household.
The key is documentation. Fault claims require evidence. Maintenance requests require financial records showing need and the other spouse’s ability to pay. Neither argument lands without preparation, and both require strategy well before the first hearing.
Why Choose Our Preston Hollow Divorce Attorneys
Victoria Neave spent eight years as a Texas State Representative shaping the very statutes that govern family law and divorce in Texas, including as Chair of the Texas House Juvenile Justice and Family Issues Committee, the committee with direct jurisdiction over the Texas Family Code. She didn’t just study these laws. She helped write them.
That legislative foundation, combined with a litigation background from one of the country’s leading national law firms, is what Neave Law, PLLC brings to every case. When the financial stakes are high and the legal questions are complex, that depth of preparation matters.
Our dedicated Preston Hollow divorce attorneys are ready to build your case from the ground up.
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