AUSTIN DIVORCE — TEXAS FAMILY LAW EXPLAINED
Texas is a community property state — generally, all property and debt acquired during the marriage belongs equally to both spouses. Austin's hot real estate market, tech industry equity compensation, and business ownership make property division complex. An experienced Austin divorce attorney protects your share of marital assets.
Austin has a 60-day waiting period. Texas law requires a minimum 60-day waiting period between filing and finalizing a divorce. Contested divorces can take 1–2 years. The earlier you retain an attorney, the better positioned you are for the outcome.
Key Issues in Austin Divorce Cases
Community property divisionFair division of marital assets — home, retirement accounts, investments, vehicles, and debt
Child custody & conservatorshipLegal and physical custody arrangements for your children
Child supportTexas uses a percentage-based formula — 20% for one child, up to 40% for five or more
Spousal maintenanceAlimony in Texas is limited and fact-specific — duration depends on marriage length and circumstances
Business valuationAustin's tech community creates frequent divorce issues around equity, stock options, and business interests
Retirement account divisionQDROs are required to divide 401(k)s and pensions without tax penalties
Types of Divorce Cases We Handle in Austin TX
1
Uncontested Divorce
Both spouses agree on all terms. Fastest and least expensive path to finalizing your divorce.
2
Contested Divorce
Spouses disagree on one or more issues — requires negotiation, mediation, and potentially trial.
3
High-Asset Divorce
Complex division of real estate, tech equity, businesses, and investment portfolios.
4
Divorce with Children
Child custody, conservatorship, possession schedules, and support arrangements.
5
Military Divorce
Special rules apply to military retirement, deployment considerations, and jurisdiction.
What to Do When Facing Divorce in Austin
Gather all financial documents — tax returns, bank statements, investment accounts, mortgage statements
Document all separate property you brought into the marriage with evidence of pre-marital ownership
Do not move out of the family home without understanding the legal implications
Preserve text messages, emails, and other communications that may be relevant
Open individual bank and credit accounts before filing to protect your finances
Contact an Austin divorce attorney before signing any separation agreements
Frequently Asked Questions
How long does a divorce take in Austin TX?▾
Texas requires a minimum 60-day waiting period after filing. Uncontested divorces often complete in 2–3 months. Contested divorces typically take 6 months to 2 years.
Is Texas a community property state?▾
Yes. All property and debt acquired during the marriage is presumed community property subject to equal division. Separate property is generally protected.
How is child custody decided in Texas?▾
Texas courts use the "best interest of the child" standard. Factors include each parent's relationship with the child, stability of each home, and the child's preferences if 12 or older.
What is the difference between legal and physical custody in Texas?▾
Legal custody (conservatorship) is the right to make decisions about the child's education, healthcare, and activities. Physical custody (possession) determines where the child lives.
How is child support calculated in Texas?▾
Texas uses a percentage of the paying parent's net monthly income: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more.
Can I keep the house in an Austin divorce?▾
Possibly — if you can afford to buy out your spouse's share or refinance in your name alone. An attorney helps you evaluate whether keeping the house makes financial sense.