Divorce in Austin: Your Complete Guide to Moving Forward

You’ve decided to divorce. Now what?

The choice is made, but dozens of questions remain. Will you and your spouse agree on everything, or will you fight over the kids and money? How long will it take? What will it cost? Which court will handle your case?

Here’s what you need to know about divorce in Texas, your options for moving forward, and how to make the best choices for your family.

Your Divorce Options in Texas

Not all divorces are created equal. The path you choose depends on your specific situation, how well you and your spouse can communicate, and what’s at stake.

Uncontested Divorce

You and your spouse agree on everything: who gets what, where the kids live, and how much support gets paid. This is the fastest, cheapest option when it works.

Best for: Couples with few assets, no kids, or those who can compromise effectively Timeline: 60-90 days minimum (Texas requires a 60-day waiting period) Cost: $500-$3,000 in attorney fees plus court costs

Collaborative Divorce

You each hire specially-trained attorneys who commit to staying out of court. Everyone works together to solve problems rather than fight about them.

Best for: Couples who want to protect their children from conflict while ensuring fair outcomes Timeline: 3-9 months typically Cost: $15,000-$40,000 per side, but often less than traditional litigation

Mediated Divorce

A neutral mediator helps you and your spouse reach agreements. You may or may not have attorneys present during mediation sessions.

Best for: Couples who can be in the same room but need help making decisions Timeline: 2-6 months Cost: $5,000-$20,000 per side depending on complexity

Traditional Contested Divorce

You file papers, exchange information formally, maybe go to trial. The judge makes final decisions about anything you can’t agree on.

Best for: High-conflict situations, cases involving abuse, or complex financial matters Timeline: 6 months to 2+ years Cost: $20,000-$100,000+ per side

Texas Divorce Basics You Need to Know

Grounds for Divorce

Texas allows both “no-fault” and “fault-based” divorce:

No-fault (most common): “Insupportability” means the marriage can’t be sustained because of conflicts that can’t be resolved.

Fault-based grounds:

• Adultery (cheating)
• Cruelty (physical or mental)
• Felony conviction with imprisonment
• Abandonment for one year
• Living apart for three years
• Confinement in mental hospital for three years

Most people file no-fault because it’s simpler and faster. Fault grounds might matter if they affected your finances or if you’re seeking a disproportionate share of property.

Residency Requirements

Either you or your spouse must have lived in Texas for at least six months before filing. You must file in a county where one of you has lived for at least 90 days.

Community vs. Separate Property

Texas is a community property state. Generally:

Community property (divided between spouses):

• Income earned during marriage
• Property bought with marital income
• Stock options that vested during marriage
• Retirement benefits earned during marriage

Separate property (stays with original owner):

• Property owned before marriage
• Gifts and inheritances
• Personal injury awards

The tricky part: Separate property can become mixed with community property, making division complex. A house owned before marriage might become partially community property if mortgage payments came from marital income.

Child Custody (Called “Conservatorship” in Texas)

Texas courts focus on the “best interest of the child.” Both parents usually become “joint managing conservators” sharing decision-making authority, but one parent typically has the right to determine where the child lives.

Factors courts consider:

• Each parent’s ability to provide a stable home
• The child’s emotional and physical needs
• Each parent’s willingness to encourage the child’s relationship with the other parent
• Any history of family violence
• The child’s preference (if 12 or older)

Spousal Support (Alimony)

Texas courts rarely award long-term spousal support unless:

• The marriage lasted 10+ years AND the receiving spouse lacks sufficient property or earning ability
• The receiving spouse has a disability
• The receiving spouse is caring for a disabled child
• The paying spouse was convicted of family violence

Even then, alimony is usually limited to three years and can’t exceed $5,000/month or 20% of the paying spouse’s gross monthly income.

Your Local Courts: What to Expect

Travis County

Family Court locations: 1000 Guadalupe Street (Civil Family Courts) and 425 East 5th Street (Associate Judges) Timeline: Uncontested cases move quickly; contested cases typically take 8-18 months Unique factors: Heavy caseload means you need to be prepared and punctual. Many judges require mediation before trial.

Williamson County

Family Court location: 405 ML King Jr Street, Georgetown Timeline: Generally faster than Travis County due to lower caseload Unique factors: More conservative court culture. Judges expect detailed financial documentation.

Hays County

Family Court location: 111 E San Antonio Street, San Marcos Timeline: Moderate pace, 6-12 months for contested cases Unique factors: Growing rapidly but still maintains small-town court atmosphere

Property Division: What’s Really at Stake

Your Home

If you owned the house before marriage but made payments during marriage with marital income, your spouse may have a claim to some of the equity. The longer the marriage and the more payments made with joint funds, the stronger that claim becomes.

Retirement Accounts

401(k)s, pensions, and other retirement benefits earned during marriage are community property. You’ll need a Qualified Domestic Relations Order (QDRO) to divide them without tax penalties.

Stock Options and RSUs

Complex rules apply depending on when options were granted, when they vested, and whether they were incentive for past or future work. Don’t assume they’re automatically divisible.

Business Interests

If you or your spouse own a business, expect fights over valuation, whether it’s separate or community property, and how to handle ongoing operations post-divorce.

Debts

Community debts get divided just like community property. You’re generally responsible for debts in your name only, but credit cards and mortgages acquired during marriage are usually community obligations.

Protecting Your Children During Divorce

What Kids Need to Know

• The divorce is not their fault
• Both parents still love them
• Where they’ll live and when they’ll see each parent
• That their basic needs will be met

What Kids Don’t Need to Know

• Details about why you’re divorcing
• Financial problems
• Legal strategy or court dates
• Negative things about the other parent

Creating Stability

Keep routines as normal as possible. Continue school activities, sports, and time with friends. If you need to move, try to stay in the same school district.

Co-Parenting Communication

Use email or co-parenting apps for scheduling and logistics. Keep conversations focused on the children’s needs. Never put kids in the middle of adult conflicts.

How Long Will Your Divorce Take?

Minimum timeline: 60 days (Texas waiting period after filing)

Realistic timelines:

• Uncontested with agreement ready: 60-90 days
• Uncontested but need to work out details: 3-6 months
• Mediated divorce: 3-9 months
• Contested divorce: 6-18 months
• Complex contested divorce: 12-24+ months

Factors that slow things down:

• Disagreements about child custody
• Complex property division
• Hidden assets that require investigation
• High conflict between spouses
• Busy court dockets

What Will Divorce Cost You?

Attorney Fees

• Uncontested divorce: $500-$3,000
• Collaborative divorce: $15,000-$40,000 per side
• Contested divorce: $20,000-$50,000 per side
• Complex contested: $50,000-$100,000+ per side

Other Costs

• Filing fees: $300-$400
• Process server: $75-$150
• Mediation: $150-$500 per hour
• Parenting classes (required in some counties): $50-$100
• Property appraisals: $300-$800 each
• Business valuations: $5,000-$25,000+
• Expert witnesses: $300-$600 per hour

Ways to Control Costs

• Be organized with financial documents
• Communicate efficiently with your attorney
• Consider mediation before litigation
• Don’t use your attorney as a therapist
• Pick your battles wisely

Red Flags: When You Need Legal Help Immediately

Call an attorney today if:

• Your spouse threatens to take the children out of state
• You discover hidden assets or secret accounts
• There’s been domestic violence
• Your spouse empties bank accounts or maxes out credit cards
• You’re being pressured to sign papers you don’t understand
• Your spouse files for divorce first and you’re served with papers

After Your Divorce is Final

Immediate Tasks

• Update beneficiaries on life insurance and retirement accounts
• Change emergency contacts at work and schools
• Update your will and estate planning documents
• Notify banks, credit card companies, and other financial institutions
• Change passwords on shared accounts

Long-term Planning

• Consider whether to keep or sell the family home
• Rebuild your credit if necessary
• Update insurance coverage
• Plan for retirement with new financial reality
• Focus on co-parenting relationship if you have children

Comprehensive FAQ About Texas Divorce

Basic Requirements

Q: How long do I have to live in Texas before I can file for divorce? Either you or your spouse must have been a Texas resident for at least six months. You must file in a county where one of you has lived for at least 90 days.

Q: Can I file for divorce online in Texas? No. Texas requires proper legal documents filed with the court clerk. While some forms are available online, you’ll need to file in person or through an attorney.

Q: Do I need a lawyer to get divorced in Texas? Not legally, but it’s strongly recommended unless your divorce is truly uncontested with no children or significant assets.

Grounds and Process

Q: What’s the difference between no-fault and fault-based divorce? No-fault divorce (insupportability) means the marriage is unsalvageable due to conflicts. Fault-based grounds require proving misconduct like adultery or cruelty. No-fault is faster and cheaper.

Q: How long does divorce take in Texas? Minimum 60 days due to the waiting period. Uncontested cases can finish in 60-90 days. Contested divorces typically take 6-18 months.

Q: What happens during the 60-day waiting period? You can negotiate agreements, attend mediation, or work on temporary orders for support or custody. You cannot finalize the divorce until 60 days after filing.

Q: Can we reconcile after filing for divorce? Yes. You can dismiss the divorce case at any time before the final decree is signed.

Property and Finances

Q: How is property divided in Texas divorce? Texas follows community property law. Property acquired during marriage is divided in a “just and right” manner, which is usually 50/50 but not always.

Q: What if my spouse hides assets? Courts have tools to discover hidden assets, including formal discovery requests, depositions, and subpoenas. Hiding assets can result in sanctions and disproportionate property division.

Q: How are retirement accounts divided? 401(k)s, pensions, and other retirement benefits earned during marriage are community property. You’ll need a Qualified Domestic Relations Order (QDRO) to split them.

Q: What about stock options and RSUs? The division depends on when they were granted, when they vest, and whether they’re compensation for past or future work. Complex rules apply.

Q: Who pays the mortgage during divorce? Usually whoever lives in the house, but this should be addressed in temporary orders early in the case.

Q: What happens to our joint debts? Community debts are divided between spouses. However, creditors can still pursue either spouse for joint debts regardless of the divorce decree.

Children and Custody

Q: What does “joint custody” mean in Texas? Texas uses the term “joint managing conservatorship,” where both parents share decision-making authority. However, one parent usually has the right to determine the child’s primary residence.

Q: How is child support calculated? Texas uses guideline percentages of the paying parent’s net income: 20% for one child, 25% for two children, 30% for three, etc. The court can deviate from guidelines in certain circumstances.

Q: Can child support be modified? Yes, if circumstances have materially changed or it’s been three years since the last order and the new amount would differ by $100/month or 20%.

Q: What if my ex won’t pay child support? The Attorney General’s Office can enforce child support through wage garnishment, asset seizure, license suspension, and even jail time.

Q: Can I move out of state with my children? Generally not without court permission or the other parent’s consent. Texas courts are reluctant to allow moves that would interfere with the other parent’s relationship with the child.

Q: At what age can a child choose which parent to live with? There’s no magic age. Courts may consider a mature child’s preference (usually 12+), but it’s just one factor among many.

Spousal Support

Q: Will I receive alimony in Texas? Texas courts rarely award long-term spousal support. It’s generally limited to marriages of 10+ years where one spouse lacks sufficient property or earning ability.

Q: How much spousal support can I receive? Maximum $5,000/month or 20% of the paying spouse’s gross income, whichever is less. Duration is usually limited to three years.

Q: Can spousal support be modified? Yes, but only in limited circumstances and only if the original order specifically allows modification.

Special Situations

Q: What if there’s domestic violence? You can request a protective order immediately. The court can award temporary custody, support, and exclusive use of the home. Document all incidents and seek help from local resources.

Q: How does adultery affect divorce? Adultery can influence property division if marital funds were spent on the affair. It rarely affects child custody unless it harmed the children.

Q: What about military divorce? Special rules apply for military retirement benefits, deployment issues, and residency requirements. Military families have unique protections under federal law.

Q: Can I get an annulment instead of divorce? Annulments are rare and only available in specific circumstances like fraud, impotence, underage marriage, or mental incapacity.

Working with Attorneys

Q: How much do divorce lawyers cost in Austin? Hourly rates range from $300-$600. Total costs depend on complexity: $500-$3,000 for uncontested cases, $20,000-$100,000+ for contested divorces.

Q: What should I look for in a divorce attorney? Board certification in family law, experience with cases like yours, clear communication style, and a reasonable fee structure.

Q: Can I change lawyers during my divorce? Yes, but it can be expensive and may delay your case. Choose carefully from the beginning.

Is Divorce Right for You?

Only you can make this decision, but consider:

• Have you tried counseling?
• Are your problems solvable with professional help?
• What would successful marriage look like to you?
• How would divorce affect your children?
• Can you financially support yourself post-divorce?

If you’ve honestly answered these questions and divorce still feels right, it’s time to move forward with clarity and purpose.

Your Next Step

You don’t have to figure this out alone. Whether you need help choosing the right divorce process, understanding your rights, or protecting your children, an experienced board-certified family lawyer can provide the guidance you need.

Schedule a consultation to discuss your specific situation and explore your options. You’ll leave with a clear understanding of the process, realistic timelines, and next steps tailored to your family’s needs.

The decision to divorce is hard enough. Let’s make everything that comes after as clear and manageable as possible.