Austin Divorce Lawyers

Understanding the key stages of divorce can make the process more manageable and less overwhelming. Familiarizing yourself with these steps helps you prepare for what lies ahead and strive for a resolution that works for you.

For people contemplating divorce in Texas, the residency requirement is important to keep in mind. To file, either your spouse or you must have resided in Texas for a minimum of six months and in the specific county where you want the case to be handled for a minimum of 90 days. These requirements establish the jurisdiction of the state and the local court over your divorce proceedings.

Texas offers both "no-fault" and “fault” divorce. A no-fault divorce means that neither party needs to demonstrate wrongdoing by the other, while a fault divorce involves one spouse asserting that the other spouse caused the marriage's failure.

One of the grounds for divorce in Texas is “insupportability,” which means that a conflict between the spouses has caused the marriage to break down and will not allow them to reconcile. Other grounds include living apart for three years, abandonment of a spouse for a year, or confinement in a mental hospital for three years, as well as infidelity, domestic abuse, or going to prison for a year or more because of a felony conviction.

In addition to the distinction between no-fault and fault divorce, there’s a distinction between contested and uncontested divorce. A contested divorce happens when the couple can't agree on one or more issues. In this case, a judge will step in to make decisions for them. On the other hand, an uncontested divorce is when both spouses agree on all the terms and work together to settle any disagreements.

Strategies such as mediation or collaborative divorce can help the spouses turn what starts out as a contested divorce into an uncontested divorce. Mediation involves a neutral third party who helps facilitate discussions between your spouse and you about the areas where you disagree. The goal is to help you both come to an agreement without needing a judge to decide for you. Collaborative divorce is another option. Here, each spouse has their own attorney to help negotiate an agreement. It's a bit more formal than mediation but still generally less expensive and time-consuming than going to trial.

In Texas, the rules for dividing property during a divorce are a bit unique compared to most states. Texas is a community property state, which means that most assets acquired during the marriage are considered jointly owned by both spouses. However, unlike some other community property states that require an equal 50/50 split, Texas doesn't follow this strict rule. Instead, Texas courts aim to divide the community property in a way that is "just and right." Issues that a judge may consider include:

• The relative health of each spouse
• The relative financial situation of each spouse
• A difference in ages, incomes, or earning capacities
• How much separate (non-community) property each spouse holds
• The abilities and education of each spouse
• The type of property held as community property

Each spouse gets to keep their separate property after the divorce. Separate property consists of what you had before the marriage and certain other items, such as a gift that you received or an inheritance that your parents left you. It's important to clearly identify and document your separate property to ensure it is recognized and protected during the divorce proceedings.

It’s worth noting that you can make a premarital or postmarital agreement to provide for the division of property if you get divorced. If the court finds that it’s valid, this agreement will replace the default rules described above.

Texas uses the term “maintenance” to refer to what was traditionally called alimony. These are payments by one spouse to the other after the divorce. A judge may order maintenance only when the receiving spouse can’t provide for their minimum reasonable needs based on the property that they have after the divorce, and one of the specific situations described by the law applies. For example, maintenance may be available if the marriage lasted at least 10 years, and the receiving spouse can’t earn enough income to meet their minimum reasonable needs. Another example is when the receiving spouse has a physical or mental disability that prevents them from earning enough money to meet their needs.

The law also provides a list of issues that should be taken into account when a judge decides how much maintenance should be ordered, and for how long. These include:

• The age, work history, and earning capacity of the recipient spouse
• Property that each spouse held before the marriage
• How long the marriage lasted
• Whether a spouse contributed to the education or earning ability of the other spouse, or made contributions as a homemaker
• The education and skills of each spouse
• How much time the recipient will need to get education or training that will allow them to get a job to support them
• Marital misconduct by a spouse, such as cheating or abuse

You won’t need to keep paying maintenance to your ex-spouse if they marry someone else, or if they start living with a steady boyfriend or girlfriend.

Some of the most sensitive and challenging issues in a divorce involve any minor children in the marriage. The spouses will need to sort out child custody, which is known as “conservatorship” in Texas. Unless the relationship between the parents involved domestic violence, there’s a basic assumption that they should share parental rights and duties. Ideally, the parents will work out a parenting plan, which the judge will review to make sure it’s in the best interests of the child.

However, the parents might not be able to work out a plan and might need to leave the decision up to the court. A judge will make them “joint managing conservators” if they find that this furthers the child’s best interests. In making this decision, a judge will consider issues like whether the parents can prioritize the child’s welfare and make decisions together, whether each parent can encourage the child to have a strong relationship with the other parent, whether both parents helped raise the child previously, and whether the needs and development of the child would benefit from having joint managing conservators.

Texas is different from many states in how it calculates child support. Most states take the incomes of both parents into account, but Texas only looks at the monthly net resources of the paying parent. It provides certain guidelines that a judge usually will follow. The law still allows a judge to deviate from the amount provided in the guidelines if they feel that sticking to the formula would lead to an inappropriate result. As with custody, moreover, the parents can reach an agreement on child support and ask the judge to approve it.

To get the ball rolling on your divorce, you can file your petition with the Travis County District Clerk Family Division. You can use an electronic filing service provider, or you can mail the documents to the Travis County District Clerk or make an appointment to file them in person. You’ll probably need to pay a fee to file, but you can ask for a waiver if you’re facing significant financial hardship and can’t afford the fee.

Divorce papers usually need to be “served” on the non-filing spouse. This just means delivering them. (Service isn’t necessary if they complete a waiver form and sign it in front of a notary, or if they complete and sign a Respondent’s Original Answer form.) You can’t handle this process yourself. It’s usually best to arrange for personal service, which means that someone like the sheriff or a private process server will take the papers to your spouse in person and complete a form showing that they delivered them. However, you can also use service by registered or certified mail, return receipt requested. The clerk will mail the papers to your spouse and fill out a form showing that service was completed when they get the return receipt.

If you agree with your spouse on all the issues in your divorce, you can give the judge a proposed divorce decree. The judge generally will approve this type of request. The arrangement on which you agreed will become legally binding on your spouse and you. On the other hand, if you can’t agree on all the terms, the judge will hold a hearing where they listen to each side of the story and decide the disputed issues.

You generally won’t be able to get your final divorce judgment for at least 60 days after you file the divorce papers. This is true regardless of whether the divorce is contested or uncontested. If there’s a record of domestic violence, though, a spouse might be able to get a divorce sooner.

Navigating a divorce can be a challenging and stressful experience. Spouses in Austin and the surrounding areas may want to explore various services and resources offering both legal and practical support.

The Travis County District Clerk provides a list of resources that might assist someone going through a family law matter, such as:

• Travis County Law Library Self-Help Center (legal resources and information, free self-help forms, and assistance from staff attorneys for uncontested cases)
• Texas Law Help (free legal information and self-help legal forms)
• Telephone Access to Justice (screening for eligibility for free legal services)
• Texas Legal Services Center (legal service programs and a legal line for people who are over 60 or living with a disability)
• MATCH Program (reduced-fee private attorneys for people with a low income)
• Lawyer Referral Service (private attorney referrals)
• State Bar of Texas (free legal publications and online referrals to attorneys)

If you represent yourself in a divorce case, a reference attorney at the Travis County Law Library will review your forms.

If you're going through a divorce and have experienced physical or psychological abuse from your spouse, it's important to prioritize your safety. One way to do this is by seeking a protective order. A protective order can place specific rules on the abusive spouse to help protect you and potentially others. If you think that you may want a protective order, you should apply as soon as possible to maximize your chance of success. The Travis County Attorney’s Office can help you with this process.

More generally, someone who has experienced domestic violence may want to consult the Texas Advocacy Project or the SAFE Alliance in Travis County. Texas Rio Grande Legal Aid provides free legal services to people in this challenging situation. Asian women living in Austin can consult Asian Family Support Services. Also, the Austin/Travis County Family Violence Task Force provides numerous resources, such as hotlines, shelters, and legal options.

For a basic reference, you can check out the free legal information at the Divorce Law Center in the Justia Legal Guides. This resource also contains 50-state surveys on laws related to key aspects of divorce. You can explore the Texas entries for:

• Uncontested divorce
• Property division
• Maintenance (alimony)
• Conservatorships (child custody)
• Child support

You also might have a question or two about a certain issue that has come up or seems likely to come up in your divorce. Our Justia Ask A Lawyer platform allows you to post your question for Texas attorneys to answer. (Be aware that Justia isn’t a law firm, and an attorney who answers your question doesn’t automatically become your lawyer.) Once you’re ready to look for an attorney to guide you through the process, this page on the Justia Lawyer Directory will help you sort through your options.

The Travis County District Courts hear divorce cases in the Civil and Family Court Facility at 1700 Guadalupe Street in Austin. The building is open from 8 AM to 5 PM Monday through Friday. The mailing address is:

P.O. Box 1748
Austin, TX 78767

There are 12 separate courts in this system: the 53rd, 98th, 126th, 200th, 201st, 250th, 261st, 345th, 353rd, 419th, 455th, and 459th District Courts.

Divorce is often a challenging and emotionally charged experience. A skilled attorney can be invaluable during this time, providing crucial support and guidance. They can help gather essential evidence, including financial documents, witness statements, and even digital evidence if necessary, and build strong legal arguments. Attorneys also manage the procedural aspects of the case, ensuring deadlines are met, paperwork is handled correctly, and the case progresses smoothly. Their familiarity with local courts and judges can be particularly beneficial. Prior experience with a specific judge may offer insights into their preferences, potentially leading to a better outcome for you. Your attorney will understand the nuances of local rules and procedures, which can be critical in navigating the legal system effectively.

Even in seemingly amicable situations where your spouse and you anticipate a settlement, legal counsel remains important. An attorney can thoroughly review proposed agreements, ensuring that you understand all the terms and that your rights are protected. Their presence can also encourage fair treatment and good-faith negotiation from your spouse. It signals that you are serious about the process and are prepared to fight for your rights if necessary.

Even if your spouse and you agree on all the key issues, a lawyer's review of your agreement is still recommended. They can identify potential oversights, such as unforeseen tax implications or ambiguities in the language, and advise on addressing any issues that might hinder judicial approval. They can also help anticipate potential future conflicts and draft language that minimizes the risk of further disputes down the road. Their objective perspective helps ensure the agreement is fair and protects your future interests.

Locating the ideal divorce attorney in the Austin area is a task that takes time and careful thought. Each attorney has a unique skill set and approach, making it essential to find a lawyer whose qualifications align with your individual needs and preferences. Relevant experience is a critical consideration. You should seek an attorney with a history of success in cases similar to yours. For instance, if your spouse is falsely accusing you of abusing or neglecting your child, you might want to hire an attorney who has navigated this type of issue before.

Client testimonials and reviews can offer valuable insights into a lawyer’s strengths and weaknesses. Additionally, reviews and recommendations from fellow attorneys can shed light on a lawyer's reputation among their peers. These can be found on sites such as the Justia Lawyer Directory.

An attorney's ethical standing is of utmost importance. While an isolated, minor ethical lapse in the past might not be a disqualifier, a history of disciplinary actions or a significant ethical violation should be a red flag. Your future is in this person's hands, so you must have complete confidence in their integrity and adherence to professional ethics. Checking with the state bar for any disciplinary history is a crucial step.

Most divorce attorneys offer initial consultations, providing a valuable opportunity to discuss the fundamentals of your case and determine if the attorney is a good fit. This meeting allows you to assess their understanding of your situation, their communication style, and your comfort level in sharing sensitive information. Meeting with multiple attorneys before making a decision is often advisable. This allows you to compare different approaches, personalities, and fee structures. You should select someone you trust to advocate effectively for your best interests.

1. Can I use the same lawyer as my spouse if the divorce is uncontested?

   No, you can’t use the same lawyer as your spouse, even if you agree on all the terms of your divorce. This would create a conflict of interest that would cause ethical problems for the lawyer and potentially undermine the quality of their representation.

2. How much will I need to pay my divorce lawyer?

   This probably depends on the amount of time that they spend on your case. Divorce attorneys generally charge hourly fees for their services. If your case is simple, though, or if you only want an attorney to handle a specific aspect of the case, they might offer a flat fee. People who are concerned about financial issues might ask whether an attorney offers a payment plan to spread out the bill over time.

3. Can I change my lawyer during my divorce case?

   Yes, you can change your lawyer if you feel that your current lawyer isn’t working out. It might be smart to share your concerns with your lawyer and hear their explanation before making a move. Even if you do, you’ll need to pay them for the time that they spent on your case.

4. What happens if my spouse doesn’t want to get a divorce?

   You can still get a divorce even if your spouse wants to stay married. The court just needs to find that one of the grounds for divorce is met. If your spouse refuses to get involved in the process, the court will issue the final divorce decree based on the forms and other evidence that you provide. This is often called a “default divorce.”

5. Can I get a legal separation instead of a divorce?

   Texas doesn’t offer a legal separation. Divorce is essentially the only way to end a marriage. There’s also an alternative process called an annulment, but the grounds for getting an annulment are very narrow and hard to meet. An annulment means that the marriage is void, while a divorce simply dissolves the marriage.