Contested Divorce Attorney Austin
Contested Divorce Attorney in Austin, Texas
Sometimes cooperation isn’t possible. When your spouse refuses to be reasonable about property, custody, or support, you need someone who knows how to fight for your rights in court.
I’m Cristi Trusler, a board-certified family law specialist who has handled hundreds of contested divorces in Travis, Williamson, and Hays County. When mediation fails and collaboration won’t work, litigation may be your only option to protect your future.
What Makes a Divorce Contested?
A divorce becomes contested when you and your spouse can’t agree on major issues:
Property and Debts
- Who gets the house, retirement accounts, or business
- How to divide credit card debt or loans
- Hidden assets your spouse won’t disclose
Children
- Which parent gets primary custody
- Visitation schedules and decision-making authority
- Child support amounts beyond state guidelines
Spousal Support
- Whether alimony should be paid and for how long
- Temporary support during the divorce process
Other Disputes
- Your spouse won’t sign papers for an uncontested divorce
- Your spouse hired an aggressive attorney
- Domestic violence or substance abuse issues
The Reality of Contested Divorce in Austin
Don’t let anyone sugarcoat this. Contested divorce is expensive, time-consuming, and emotionally draining. But sometimes it’s the only way to protect your children and your financial future.
Here’s what you’re facing:
Timeline: 6 months to 2+ years depending on complexity Cost: $15,000-$50,000+ per spouse (varies by case complexity) Court appearances: Multiple hearings, possibly a trial Discovery: Formal exchange of financial documents and information Depositions: Sworn testimony outside of court
How Contested Divorce Works in Texas Courts
Filing and Temporary Orders
One spouse files the divorce petition in the district court where they’ve lived for at least 90 days. In Travis County, that’s usually the 98th, 126th, 200th, 201st, or 250th District Court.
We immediately request temporary orders for:
- Custody and visitation schedules
- Child and spousal support
- Who stays in the house
- Payment of bills and attorney fees
Discovery Phase
This is where we gather evidence to support your case:
Financial Discovery
- Bank statements, tax returns, pay stubs
- Retirement account statements
- Business records and valuations
- Hidden asset investigations
Custody Discovery
- School and medical records
- Social media posts and communications
- Witness statements about parenting
- Child custody evaluations if needed
Court Hearings and Trial
Most contested cases settle before trial, but you need to be prepared to go the distance.
Temporary Hearings: Quick decisions on urgent issues Mediation: Court-ordered attempt to settle Trial: Full presentation of evidence to the judge
Travis County Specific Procedures
Each county has its own local rules:
Travis County: Uses Alternative Dispute Resolution (ADR) - you’ll try mediation before trial Williamson County: Requires parenting classes for cases with children Hays County: Smaller docket allows for more personal attention from judges
What to Expect Financially
Property Division
Texas is a community property state, but “equal” doesn’t always mean 50/50. The court considers:
- Length of marriage
- Each spouse’s earning capacity
- Fault in the marriage (adultery, cruelty)
- Custody arrangements
- Each party’s separate property
Spousal Support (Alimony)
Texas has strict limits on alimony:
- Maximum 5 years for marriages under 20 years
- Marriage must be at least 10 years long
- Limited to $5,000/month or 20% of payor’s income
Child Support
Based on Texas guidelines:
- 20% of net income for one child
- 25% for two children
- 30% for three children
- Caps at income of $9,200/month
Protecting Your Interests
In contested divorce, every decision matters. Here’s how I protect my clients:
Strategic Approach
- Focus on your top priorities (usually custody and finances)
- Know when to fight and when to compromise
- Build a strong evidence file from day one
Aggressive When Necessary
- Challenge hidden assets
- Fight unreasonable custody demands
- Expose inappropriate behavior
Settlement-Minded
- Push for resolution when it serves your interests
- Avoid unnecessary court costs
- Keep children out of the conflict
What Makes My Approach Different
Board Certification: Only 1% of Texas lawyers are board-certified in family law Local Experience: I know the judges, opposing counsel, and court procedures in all three counties Trial-Ready: Many lawyers avoid trial. I prepare every case like it’s going to court Cost-Conscious: I track every dollar spent on your case
Cost and Payment Options
Contested divorce is expensive, but not knowing what you’re getting into is worse.
Retainer Fees: $7,500-$15,000 to start Hourly Rates: $450-$550 depending on case complexity Additional Costs: Court filing fees, expert witnesses, depositions
Payment Options Available
- Payment plans for retainer fees
- Credit card payments accepted
- Some cases qualify for limited scope representation
When You Need a Contested Divorce Attorney
Immediate Consultation Required If:
- Your spouse hired an attorney
- Domestic violence is involved
- Your spouse is hiding assets
- Complex business or property issues
- High-conflict custody situation
Don’t Wait If:
- Your spouse filed first
- Temporary restraining orders are in place
- Your access to money is cut off
- You’ve been served with papers
Your Next Steps
Call me immediately if your spouse won’t cooperate or has already hired an attorney. Every day you wait gives them an advantage.
Free 15-Minute Strategy Call: I’ll tell you if you need contested representation or if there’s still hope for an easier path.
What to Bring to Your Consultation:
- Any papers you’ve been served
- Recent tax returns
- List of assets and debts
- Questions about custody arrangements
Sometimes the only way through a divorce is to fight. When that time comes, you need someone who knows how to win.
Schedule your strategy call today or call (512) 920-3171.
Cristi Trusler is a board-certified family law specialist serving Travis, Williamson, and Hays County. She has successfully represented clients in hundreds of contested divorce cases throughout Central Texas.
Ready to discuss your case?
Schedule a consultation with our experienced attorneys today.