We are open again for business at the beautiful brick and mortar location! Although we are very conscious of the COVID-19 risks, we understand that people especially need family lawyers at this time. After practicing in the area a family law for 33 years and being board-certified for 28 of those years, I have a keen awareness of how the current situation has deeply affected marriages and children in our community. We stand ready and able to service our ongoing clients in our newly disinfected office wherein we now require that all visitors submit their forehead for a contactless temperature reading to protect our work family and yours. We do require that you wear a mask as prescribed by federal, county and city regulations. When I built my office in 2013 I incurred  the additional monies to ensure that all visitors were safe from the spreading of germs and bacteria by installing high tech visitor restrooms with touchless water, soap and dryers, I had no idea that this would be such an added layer of safety for our clients and employees during this pandemic.  This foresight gives us the ability to provide you with the highest standard of cleanliness and low risk for infection when you visit our beautiful, SPACIOUS office, in person where we can comply with social distancing with no problem whatsoever. We are accepting new clients at this time and have instituted new policies for receiving payments online as well as having our intake forms as easy PDF fillable documents as well as giving you the opportunity to provide us with all of your evidence and other important documentation by sending same via electronic transmission. We have all of our clients’ private and confidential  information saved and protected, while being accessible to the staff through our extremely secure Cloud Client Platform and Portal hosted by legal industry giant, ThomsenReuters. For this reason, during the stay at home sheltering orders we were one of the few law firms in the county to already have transitioned to a virtual Law Firm. This permitted our brilliant and innovative family law attorneys to continue to seamlessly provide the very best legal representation to the DFW population which we serve. We are able to represent clients not only in Tarrant County, but all surrounding counties such as Johnson, Dallas, Collin, Kaufman and Parker. 

I have handpicked the most competent, experienced and hard working support staff to flawlessly meet the needs of our clients as a full-service family law firm. We have recently been named as one of the top 20 divorce law firms in Arlington! I have garnered many honors over my many years of practice, including being named as Top Attorney in Fort Worth for over a decade each year and I have twice been selected by my peers as a “Super Lawyer” of Texas, an honor reserved for an extremely small percentage of Texas lawyers. Although I am proud of all of these accolades, this would mean nothing to my clients if I had not concentrated on a mission of using my decades of experience to build my law form into a well organized business utilizing the most cutting edge technological tools to represent my clients in the most efficient and cost-effective manner. This goal has served me well during this ongoing epidemic. My goal is to provide the most excellent t legal services to all of the community at a cost that does not bankrupt a client. 

If you are at high risk to contract Coronavirus or prefer to have all of your contact with our office in virtual form, we are set up on Zoom for immediate consultations for new clients. My Mission Statement has always been: “When It comes to your family and your finances, experience matters!” These words are more true now than ever. During these uncertain times I wanted to reach out to our community and assure your that because of my many years of practice, I had already built in all of the safeguards to enable our brilliant lawyers and awesome paralegals to continue the essential work that they do from home during the height of the pandemic. I wanted to put the word out there that we stand ready and able to meet all of your family law needs, now more than ever. We are also still offering our simple Estate Planning Kit at a greatly reduced price to give back to the community that has been so wonderful and supportive over the last 33 years as I built one of the best family law firms in the State. Prayers to all of you during these frightening times, and please remember that we have the experience and technology to best serve you, our important clients who are the reason for our continued existence and survival.  At the end of the day, no business is more essential than a family law firm with a  dedicated team ready to shepherd you through any crisis that you and your family are experiencing. Please reach out to us if you need help now at ArlingtonDivorces.com or call (817) 572-9900 and Amanda can get you set up to meet with us to give you advice immediately,

House at Sunset

Property Division Lawyer

Dividing property during a divorce can potentially lead to conflicts with your former spouse that are difficult to resolve.

The Family Law Firm of Donna J. Smiedt can help settle disputes over property division, aiming for a mutually beneficial agreement.

Learn why people in Arlington, Southlake, and Westover Hills, TX, come to our law firm for help with property distribution...

How Property Is Divided

Before a final divorce decree can be entered, the court must decide who gets what. To do this, the judge will look at what property and debt the couple has and enter an order for the fair division of that property. The court has to first determine which items belonged to the couple and which items belong to only one spouse.

Texas aims for an equitable distribution of assets and debts. This does not mean each spouse gets half. Instead, equitable distribution divides property based on the duration of the marriage, each spouse's financial contributions to the marriage, and each spouse's financial situation once the marriage has ended.

Common Assets Divided

/

  • Real estate
  • Cars and other vehicles
  • Furniture
  • Jewelry
  • Antiques
  • Artwork
  • Shared bank accounts
  • Retirement accounts
  • Pensions
  • Investments

Separate Property vs. Marital Property

Marital Property

Also known as community property, marital property is all property acquired during a marriage and owned equally by both spouses.

Separate Property

Separate property is any property acquired prior to marriage. In a divorce, a spouse keeps all of their separate property.

Changes in Classification

The classification of community and separate property may change during the marriage. As a result, coming to a decision on these items can sometimes be a fraught discussion. If you and your spouse are unable to agree on who should take the property, the court will take evidence and make a final decision for you.

Person setting a hand down between two figurines on either end of a teeterboard
A lawyer can act as an intermediary and represent your interests during property division of marital assets. Your attorney can also help you navigate the nuances of the Texas Family Code and community property laws.

Do You Have a Property Dispute? Speak with a Divorce Lawyer

If you and your spouse are having disagreements over who gets what, it's important to speak with a lawyer. An attorney can provide objectivity and peace of mind during your divorce case, and can help seek a mutually beneficial solution when it comes to dividing marital assets and debts.

The Family Law Firm of Donna J. Smiedt is based in Arlington but has helped men and women from Southlake, Westover Hills, and Fort Worth, TX, with their property division disputes. We have a strong reputation in Tarrant County, handling cases for fellow lawyers and judges.

For more information about dividing community property and protecting separate property, contact our law firm online. You can also call our family law office at:

(817) 572-9900

Attorneys Desaray R. Muma and Donna J. Smiedt

Attorneys Who Will Listen to You Serving the Dallas-Fort Worth Metroplex

1

Catherine Clifton

2019

Google logo

Donna is an amazing, very talented family law attorney that I recommend highly. She helped me immensely during a very difficult time of my life during my divorce. She works tirelessly to ensure her clients are well represented, covers all contingencies, (even those you don’t think off), and the bottom line is she WINS the best outcome for your family.

View on Google
1

Ruth Edwards

2019

Google logo

Donna & her staff are the best. Divorce is always a very emotional time. They were always understanding, supportive, very professional. If you’re an animal lover & concerned about what happens to your four legged friend in all of this, Donna knows they are family, too.

View on Google

Factors That Affect
Equitable Distribution

/

  • The length of the marriage
  • The contributions of each spouse to the marriage
  • The earning potential of each spouse
  • The education level of each spouse
  • The age and health of each spouse
  • Each spouse's financial situation
  • Child custody/conservatorship
  • Standard of living during marriage

Dividing Retirement Accounts

Retirement accounts may include your pension, 401(k), IRA, and any other savings plans. These accounts are subject to distribution during a divorce.

Divorcing couple with forms for property division

Why Timing Matters

Any contributions to a retirement account prior to marriage are considered separate property. Contributions that were made during the marriage are considered marital property. We can note the dates of your marriage to ensure assets are properly accounted for.

Qualified Domestic
Relations Order

A Qualified Domestic Relations Order (QDRO) is a court order that guarantees a person a portion of their spouse's retirement benefits. A judge will need to sign a QDRO for you to receive retirement benefits.

A Note on Standing Orders

While many Texas counties have standing orders that prevent a spouse from cashing out accounts, Tarrant County does not have such standing orders. This is why it's important to have an attorney on your side. A family lawyer can note actions taken by your spouse to alter finances or the state of the marriage prior to a judge hearing the matter.

Dividing Complicated Assets

What Is a Complex Asset?

Broadly speaking, complex assets in a divorce are assets that are more difficult to divide equitably. Examples of these types of marital assets include:

  • Businesses
  • Stock options
  • Investments

Transmutation

Transmutation is when separate property becomes considered marital property. This can occur when separate assets are commingled in a joint account, or when real estate given as a gift to one spouse becomes jointly used as a marital home.

How a Lawyer Can Help

The attorneys at our Arlington, TX, law firm can help with complex property division issues. We can arrive at a proper appraisal of a business, and also help determine an equitable distribution of separate property that became marital property.

Office

What About
Inheritance?

/

Inheritance isn't automatically classified as community property if it's received during your marriage. The same is true of any gifts you receive that are explicitly for you. However, these assets could become commingled if they are deposited into a joint bank account or through other circumstances.

Dividing Debts

Consultation

The classification of debt during a marriage is the same as any assets. Debt a spouse has prior to marriage belongs to them, and any debt accrued during a marriage belongs to both spouses. This is crucial to consider when it comes to mortgages, loans, and consumer debt.

Settling debt in a marriage may involve both spouses selling marital property, or one spouse taking on more debt based on the assets they receive. Similarly, matters of child custody and conservatorship can affect the amount of debt one spouse is responsible for in the divorce.

Our divorce attorneys have worked with men and women throughout the Dallas-Fort Worth Metroplex. We can help assess the situation and come up with a solution that reduces your burden of marital debt.

Need Help Protecting Your Assets? Our Attorneys Can Offer You Support

Property division disputes can be heated. A family law attorney can help ensure that the distribution of martial assets and debts remains equitable, and that you protect your separate property throughout the divorce proceedings. The Family Law Firm of Donna J. Smiedt has worked with men and women throughout Arlington, Southlake, and Westover Hills, TX, and they are ready to hear from you. Contact our law office online, or give us a call to set up a consultation over the phone.

(817) 572-9900

"This is one of the greatest Firm I have ever worked with, I was very satisfied was my experience with Ms. Muma And Ms.SMIEDT if you are looking for super lawyer someone who care about you and your case then this is the right firm if you are looking for aggressive lawyer that will fight hard for you then this is the right Law Firm for you. The way that Ms. Donna Smiedt and Ms.Muma handled my case it's a proven example that they're a lawyers who knows the way and willing to go and show there clients the way to best results, I'm truly happy and grateful for everything they have done for me. Thank you." Mohamed Abouelnaga

Impact on the Divorce

/

Fights over real estate and other property that belonged to you and your spouse could impact child custody negotiations and other arrangements. Having our Arlington, TX, law firm on your side will help you maintain perspective on the divorce process, avoiding unnecessary setbacks and headaches.

Mediation for Property Disputes

Not all property disputes require a lengthy court battle. Couples are always free to negotiate on their own and come up with a proposal for property distribution. However, even amicable divorces can reach an impasse.

The Family Law Firm of Donna J. Smiedt aims for mutually beneficial arrangements between spouses. Mediation is one method of achieving an amicable resolution over property division, child support, spousal support, and other legal issues during divorce.

During mediation, both sides meet with a neutral third party who helps steer spouses toward compromise. This allows both spouses to avoid going to court, and helps prevent emotionally exhausting arguments.

Both Donna J. Smiedt and Desaray R. Muma can go over the benefits of mediation in greater detail during a legal consultation.

Team

Lawyers Who Are On Your Side Located in the Middle of Dallas-Fort Worth, TX

1

Tony Hamud

2021

Google logo

I have known Donna since 2006 and am beyond grateful to have had her on my side. She is considerate, confident, and truly a loving person. My journey with her has led her to become a genuine friend of mine and I would highly recommend her to anyone! She will listen to your needs and pour her heart into being an advocate for you. She is unlike any other lawyer and will be real with you and take care of business. She excels at what she does and has a passion for winning for all of her clients. She will listen to you and make it her mission to help you throughout your difficult times. Additionally, her staff is very welcoming and helpful. As a person who has gone through two divorces, I would not trust any other lawyer than Donna. Her name, experience, and years in the business tells you all that you need to know.

View on Google
1

Scott Daniels

2020

Google logo

There is no possible way to plan for what challenges life can throw at you. When one of our grown children approached my wife and I needing guidance regarding a custody battle with our grandchild, I knew immediately who I was going to contact for advice. Already having a business-to-business relationship with Donna and her team, I had already been introduced to the knowledge, reputation and professionalism that this firm is so well known for. What I didn't know was how Donna and her team (Mr. Munoz, Jennifer, and Desaray) would shift gears from our business relationship and really take a personal interest in resolving a very important family issue for our son. I find it SO REFRESHING when people/businesses deliver on the promises they make - not because they do business together - because they care about getting the right results in the most efficient manner possible. There are many Family Law Firm options out there and as many unique situations to resolve. In my opinion, there is only one team/firm I would trust with both -Thank You Team Smiedt!

View on Google
the team at The Family Law Firm of Donna J Smiedt

The Family Law Firm of Donna J Smiedt

The Family Law Firm of Donna J. Smiedt is the premier destination for clients who need representation during a divorce, adoption, or other family law matters. Donna J. Smiedt has been in practice since 1986 and is a Board Certified Family Law Attorney – Texas Board of Legal Specialization. Her other professional affiliations include:

  • Texas Bar College
  • Arlington Bar Association
  • Tarrant County Bar Association
  • Texas Academy of Family Law Specialists

To schedule a consultation at our Arlington, TX, law firm, contact us online or call (817) 572-9900.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 3216 W Arkansas Ln  Arlington, TX

Arlington Office

3216 W Arkansas Ln
Arlington, TX 76016

Open Today 9:00am - 5:00pm

Tell us a bit about yourself...

(817) 572-9900 Send a message