Divorce Lawyers in Austin, TX

Divorce representation in Austin and Central Texas

No one gets married expecting to divorce. When it happens, you want someone who explains what comes next in plain language and then stays with you until the decree is signed. Our family law attorneys represent spouses in the Travis County family courts and in the neighboring Hays, Bastrop, and Comal County courts, so we know how each courthouse handles a new filing, a temporary orders hearing, and a final prove-up.

A Texas divorce can involve four separate questions: ending the marriage itself, dividing property and debts, setting child custody and support, and deciding whether either spouse will receive spousal maintenance. Most cases involve at least two of them. Each has its own rules in the Family Code, and a decision in one area often shapes the others. Some divorces settle at the kitchen table and others need a judge. Our attorneys handle both, and we will tell you honestly which path your case seems to be on.

How a Texas divorce moves from filing to decree

To file for divorce in Texas, you or your spouse must have lived in the state for the previous six months and in the county where you file for the previous 90 days (Tex. Fam. Code § 6.301). Most divorces here are filed on no-fault grounds, called insupportability, which means the marriage has broken down because of discord or conflict and there is no reasonable chance of reconciling (§ 6.001).

Once the petition is filed, the court cannot grant the divorce until at least 60 days have passed (§ 6.702), with a narrow exception for certain family violence cases. Our guide to what happens during the 60-day waiting period covers what you can do with that time. If you need rules in place while the case is pending, either spouse can ask the court for temporary orders on issues like who stays in the home and who pays which bills (§ 6.502), along with temporary arrangements for the children.

The local routine changes by county. Travis County issues a standing order automatically when a divorce is filed, while Hays County asks you to attach its standing order to the petition. We compare the clerks, forms, and local rules in our guide to filing for divorce in the Travis, Hays, and Comal County courthouses.

Not every marriage starts with a license. The law recognizes an informal marriage when a couple agreed to be married, lived together in Texas as spouses, and told others they were married (§ 2.401), and that marriage ends only through a divorce. Our article on proving the three elements of a common law marriage explains why the two-year deadline after separating matters.

Uncontested and contested divorce

An uncontested divorce means you and your spouse agree on every issue, from the house to the holiday schedule. It is usually faster and costs less, but the agreement still has to become a decree that a judge will sign and that both of you can live with. An Austin divorce attorney on our team reviews every agreed divorce carefully, because a missing retirement account or a vague possession schedule can cause real problems years later.

When spouses disagree, most Central Texas family courts expect you to try mediation before a final trial. A neutral mediator works with each side to reach a settlement, and a properly signed mediated settlement agreement is binding under § 6.602. Because it is so hard to undo, preparation matters. Here is how we get clients ready for a mediation session in a contested divorce. If settlement is not possible, we prepare your divorce case for trial and present it to the court.

Property division and community property

Texas is a community property state. Anything either spouse acquired during the marriage is presumed to belong to the community (§ 3.003), and the court divides the community estate in a way it considers just and right (§ 7.001). That is not always an even 50/50 split. Judges can weigh factors such as each spouse’s earning capacity, fault in the breakup, and who will care for the children. We explain how Texas applies the just and right standard when dividing community property in a separate guide.

Separate property stays with the spouse who owns it. That includes property you owned before the marriage, gifts and inheritances you received during it, and most personal injury recoveries other than lost earnings (§ 3.001). The spouse claiming it as separate has to prove that by clear and convincing evidence, so bank records and closing documents matter. Our attorneys’ work on dividing homes, retirement accounts, and debt starts with an inventory of everything you and your spouse own and owe.

Larger estates raise their own questions, such as valuing a closely held business, stock options, or a professional practice. Read how we approach divorces involving a business or significant assets.

Spousal support and maintenance

Texas limits court-ordered maintenance more than many states do. A spouse usually qualifies only if they cannot meet their minimum reasonable needs and the marriage lasted at least 10 years, or if there was family violence, a disability, or a child who needs substantial care (§ 8.051). Payments are capped at $5,000 a month or 20 percent of the paying spouse’s average monthly gross income, whichever is less (§ 8.055), and most awards last a set number of years. Spouses can also agree to contractual alimony, which is not bound by the same limits. Learn more about how maintenance and contractual alimony work after a divorce.

Children and the parenting plan

When you have children, the divorce also decides conservatorship, possession, and child support. The law presumes that naming both parents joint managing conservators is in a child’s best interest, and the Standard Possession Order gives courts a default schedule. Many families adjust that schedule to fit school, work, and the distance between homes. Child support usually follows the statutory guidelines, a percentage of the paying parent’s net resources based on the number of children (§ 154.125). Our pages on custody and possession schedules and how Texas calculates support go deeper on each.

Offices for divorce clients in Central Texas

Key Law Office is a family law firm that meets divorce clients at five offices: our Austin office on West Avenue, the Buda office on FM 967, our Bastrop office on Chestnut Street, the New Braunfels office on Loop 337, and our newest office in downtown Victoria. Most divorces are filed in the county where you or your spouse lives, so we usually work from the office closest to your courthouse.

If you would like legal advice before deciding anything, request a consultation and tell us what is going on. We will listen first, explain your legal options under Texas family law, and help you choose a next step that makes sense for you.