How much does divorce cost in Austin?

Divorce costs in Austin vary based on whether your divorce is contested or collaborative. Uncontested divorces can cost $500-$2,500, while contested divorces range from $5,000 to $30,000+. We offer transparent pricing and payment plans. Schedule a consultation for a realistic estimate based on your specific situation.

How long does divorce take in Travis County?

Texas has a mandatory 60-day waiting period after filing for divorce. In Travis County, most uncontested divorces take 2-3 months to finalize. Contested divorces typically take 6-12 months, though complex cases involving significant assets or custody disputes may take longer.

Do I need a lawyer for divorce in Texas?

While Texas law doesn't require you to have a lawyer for divorce, having experienced legal representation protects your rights and interests. An attorney ensures proper filing, fair property division, appropriate child support, and helps avoid costly mistakes that could affect you for years.

What are the grounds for divorce in Texas?

Texas is a no-fault divorce state, meaning you can file for divorce based on insupportability (irreconcilable differences). Fault-based grounds include adultery, cruelty, abandonment, felony conviction, confinement in mental hospital, or living apart for 3+ years.

How is child custody determined in Austin?

Travis County courts determine child custody based on the best interests of the child. Factors include each parent's ability to provide care, the child's physical and emotional needs, stability of home environment, and any history of family violence. Texas courts don't favor mothers or fathers but focus on what arrangement best serves the children.

LGBTQ Divorce Attorney Austin: Protecting Your Family's Future

Your family deserves protection under the law. As an LGBTQ person in Austin, you face unique legal challenges that most attorneys don’t fully understand. Whether you’re going through divorce, fighting for custody as a non-biological parent, or trying to protect your parental rights, you need an attorney who gets it.

Austin has a strong LGBTQ community and supportive legal environment, but Texas family law still creates hurdles for our families. Here’s what you need to know about your rights and how to protect them.

Protecting Non-Biological Parents: Your Rights Matter

The hardest calls I get are from non-biological parents who suddenly discover they have no legal rights to their own children. After years of parenting together, one partner files for divorce and the other learns they’re legally a stranger to the kids they’ve raised.

Don’t let this happen to your family.

Second-Parent Adoption: Your Best Protection

If your partner gave birth or adopted your child before you were married, you need a second-parent adoption. This gives you the same legal rights as if you were the biological parent. In Texas, this process involves:

Home study (yes, even though you already live with your child)
Background checks for both parents
Court hearing where a judge finalizes your parental rights
Updated birth certificate with both parents listed

Second-parent adoption protects you even if your relationship ends. Without it, you could lose all contact with your children overnight.

Joint Adoption: Starting Together

Married couples can adopt together from the beginning. This is simpler than second-parent adoption because you’re both adopting simultaneously. Texas courts treat same-sex married couples the same as different-sex couples for joint adoption.

Surrogacy and Donor Agreements

If you’re using a surrogate or donor, get proper legal agreements before conception. These protect your parental rights and prevent donors or surrogates from making claims later. Texas law recognizes gestational surrogacy agreements, but only if done correctly from the start.

Same-Sex Divorce in Austin: What’s Different?

Same-sex divorce in Texas follows the same basic rules as any divorce, but you may face unique challenges around:

Property Division: If you lived together before marriage equality in 2015, separating property from your unmarried years can get complicated. Texas doesn’t recognize common-law marriage for same-sex couples who lived together before 2015.

Retirement Benefits: Federal benefits now recognize your marriage, but some employer plans or military benefits might have gaps depending on when you married.

Name Changes: If one spouse changed their name for marriage, the divorce decree should address this clearly to avoid future complications with identity documents.

Timeline Expectations

Texas requires a 60-day waiting period from filing to final divorce. Most uncontested same-sex divorces take 3-6 months. Contested cases involving children or significant assets can take 12-18 months or more.

Custody for Non-Biological Parents: Fighting for Your Kids

If you didn’t complete a second-parent adoption, you’re facing an uphill battle for custody rights. But you’re not powerless.

Establishing Your Parental Role

Texas courts can recognize non-biological parents as having standing to seek custody if you can prove:

You lived with the child and provided daily care
You supported the child financially
The biological parent encouraged your relationship with the child
You acted as the child’s parent with the biological parent’s consent

Building Your Case

Document everything:

Photos of you with your children at school events, sports, holidays
Medical records showing you as an emergency contact or making healthcare decisions
School records listing you as a parent or contact
Financial records showing you supported the children
Text messages or emails discussing parenting decisions

Transgender Family Law: Your Rights as a Parent

Being transgender doesn’t affect your fitness as a parent, but some judges still hold outdated views. Here’s how to protect yourself:

During Divorce

Your gender identity can’t be the basis for custody decisions, but hostile ex-spouses sometimes try to use it against you. Be prepared to educate the court about transgender issues and have expert witnesses ready if needed.

Spousal Support: If transition affected your employment or earning capacity, this should be considered in spousal support calculations.

Protecting Your Children

If you’re transitioning during or after divorce, work with a family therapist who understands transgender issues. Having professional support helps demonstrate your commitment to your children’s wellbeing.

Marriage Equality and Ongoing Rights

The Supreme Court’s decision in Obergefell v. Hodges gave same-sex couples marriage equality nationwide. In Texas, this means:

Same-sex married couples have identical divorce rights as different-sex couples
All benefits, obligations, and protections apply equally
Texas must recognize same-sex marriages from other states
Joint adoption and second-parent adoption are available to married couples

But marriage equality doesn’t solve every problem. Non-biological parents still need legal protection through adoption, and transgender individuals may face discrimination despite legal protections.

Austin’s LGBTQ-Supportive Legal Environment

Austin offers advantages for LGBTQ families that you won’t find everywhere in Texas:

Progressive Judges: Travis County family court judges generally understand LGBTQ family issues better than in more conservative areas.

Supportive Services: Austin has therapists, social workers, and other professionals who specialize in LGBTQ families.

Community Resources: Organizations like Equality Texas and Austin LGBT Chamber provide support and referrals.

Inclusive Environment: Austin’s welcoming atmosphere can help reduce stress during difficult legal proceedings.

When to Take Action: Don’t Wait

Before Marriage: Set up legal protections for your relationship and any children.

Planning Children: Get proper surrogacy or donor agreements before starting the process.

After Children: Complete second-parent adoptions as soon as possible after birth or your partner’s adoption.

Relationship Problems: Don’t wait until you’re already separating. Protect your parental rights while you’re still working together.

Facing Discrimination: Document incidents and consult with an attorney who understands LGBTQ legal issues.

Get the LGBTQ Family Law Help You Need

You don’t have to face these challenges alone. As a board-certified family law specialist in Austin, I understand the unique legal landscape LGBTQ families face in Texas. I’ve helped same-sex couples through divorce, protected non-biological parents’ relationships with their children, and guided families through adoption processes.

Every family deserves legal protection. Every parent deserves recognition of their relationship with their children. Every person deserves to be treated with dignity and respect in the legal system.

Schedule a consultation to discuss your specific situation. I’ll give you straight answers about your options and help you take the next steps to protect your family.

Frequently Asked Questions

Do same-sex couples have the same divorce rights as different-sex couples in Texas?

Yes. Since the Supreme Court’s decision in Obergefell v. Hodges, Texas must treat same-sex marriages identically to different-sex marriages for all legal purposes, including divorce. You have the same rights to property division, spousal support, and child custody.

How can I protect my parental rights as a non-biological parent?

Complete a second-parent adoption as soon as possible. If you haven’t done this and are facing divorce, document your parental role thoroughly - save photos, school records, medical records, and financial records showing your involvement in your children’s lives.

Can transgender individuals lose custody because of their gender identity?

No. Texas law prohibits discrimination based on gender identity in custody cases. However, some judges may still hold biases, so it’s important to work with an attorney who understands transgender legal issues and can advocate effectively for you.

What makes Austin different for LGBTQ family law cases?

Austin’s Travis County has more progressive judges and better understanding of LGBTQ family issues than many other Texas counties. The city also offers more supportive services and resources for LGBTQ families going through legal proceedings.

Do I need an attorney for same-sex divorce in Austin?

While simple, uncontested divorces might not require an attorney, LGBTQ couples often face unique issues around non-biological parents, property from pre-marriage relationships, or discrimination concerns. An experienced attorney can identify and address these issues before they become problems.

How long does second-parent adoption take in Texas?

Most second-parent adoptions take 4-6 months from filing to completion. This includes time for home studies, background checks, and court hearings. The exact timeline depends on your county’s court schedule and how quickly you complete required steps.

Can my ex-spouse prevent me from seeing my children if I’m not the biological parent?

If you haven’t legally established your parental rights through adoption, your ex-spouse can potentially cut off your relationship with your children. This is why second-parent adoption is so critical - it gives you permanent legal rights that can’t be taken away.

What should I do if I’m facing discrimination in my family law case?

Document everything. Save emails, record conversations if legal in your state, and keep notes about discriminatory treatment. Work with an attorney experienced in LGBTQ legal issues who can advocate for your rights and, if necessary, file appropriate motions or appeals.