Divorce Lawyers Serving Central and North Central Austin

Our Austin office is located along North Lamar Boulevard in Central Austin. This location allows us to serve clients who live or work near Rosedale, Bryker Woods, The Triangle, Hyde Park, and other nearby Austin neighborhoods, while also representing individuals throughout Travis County.

Choosing a divorce attorney is an important decision. For some clients, having a law office conveniently located near where they live or work can make meetings and other aspects of a domestic relations matter easier to manage.

Whether you live near our North Lamar office or elsewhere in the Austin area, our attorneys can assist with divorce, parenting time and conservatorship issues, financial arrangements and support, property division, spousal maintenance, and other domestic relations law matters.

Austin, Texas Divorce Support and Helpful Resources

Divorce can be one of the most emotionally difficult times in a person’s life. The divorce attorneys at Stange Law Firm recognize the personal challenges that often come with these cases. Our team in Austin is ready to stand by your side, whether your divorce is uncontested or involves significant disputes.

No matter if your case is resolved through negotiation or moves forward to trial, we are here to support and represent you throughout the process.

Individuals dealing with divorce or another domestic relations law matter in Austin may also find the following local resources useful:

• Travis County, Texas — Official information about Travis County government, departments, services, and resources.

• Travis County Courts — Information concerning the courts serving Travis County.

• Travis County Civil and Family Courts Facility — Information about the local court facility where domestic relations matters may be heard.

• Texas Judicial Branch — Statewide information concerning Texas courts and the judicial system.

Common Divorce Questions in Austin, Texas

Divorce in Austin, Texas: Grounds and Process

Couples in Texas may end their marriage through a no-fault divorce, which does not require proving misconduct. The most common basis for a no-fault divorce is that the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Texas also recognizes fault-based grounds for divorce. Depending on the circumstances, fault may be relevant to issues in a divorce, including the division of property. Grounds recognized under Texas law can include:

• Cruelty

• Adultery

• Felony conviction

• Abandonment

• Living apart

• Confinement in a mental hospital

While many couples pursue divorce based on insupportability, the circumstances surrounding the end of a marriage can vary considerably. An Austin divorce attorney can help a client understand which issues may be relevant to a particular case.

Additional information about divorce in Texas is available through the Texas State Law Library.

Residency and Waiting Requirements

Generally, a divorce may be filed in Texas when either spouse has been domiciled in the state for the preceding six months and has been a resident of the county in which the case is filed for the preceding 90 days.

Texas also generally requires at least 60 days to pass after a divorce petition is filed before a court may grant the divorce, subject to certain statutory exceptions. Divorces involving children, significant assets, contested issues, or other complexities can take substantially longer to resolve.

Those considering a divorce can learn more through our divorce and separation resources.

Austin, TX Court Process and Parties

Divorce cases in Travis County proceed through the Texas court system. The spouse who files the divorce is generally known as the Petitioner, while the other spouse is the Respondent.

A Texas divorce case generally begins with the filing of an Original Petition for Divorce. The Respondent then has an opportunity to participate in the case and respond to the petition.

During the case, the parties may address issues involving property and debts, conservatorship, parenting time, possession and access, financial arrangements and support, spousal maintenance, and other matters depending on their circumstances. Some cases are resolved through negotiation or mediation, while contested cases may require hearings or trial.

When the divorce is completed, the court signs a Final Decree of Divorce setting forth the terms of the divorce and the court’s orders concerning the issues in the case.

Information about the local court system is available through the Travis County Courts.

Living Apart Before Divorce in Austin

Texas does not recognize a formal legal status of legal separation. Couples who live apart generally remain legally married until their divorce is finalized.

However, courts can enter temporary orders while a divorce is pending to address issues involving finances, conservatorship, parenting time, possession and access, use of property, and other matters. In appropriate circumstances involving family violence, protective orders may also be available.

Because the legal consequences of living separately can depend on the circumstances, individuals considering divorce should speak with an attorney about their particular situation.

Spousal Support in Travis County

Texas law distinguishes court-ordered spousal maintenance from contractual arrangements between divorcing spouses. Whether a person may qualify for spousal maintenance depends upon statutory requirements and the particular facts of the case.

Factors can include the length of the marriage, the financial resources and earning abilities of the spouses, certain disabilities, responsibilities involving a child with a disability, and circumstances involving family violence.

Texas law also places limitations on the amount and duration of court-ordered maintenance. An Austin divorce attorney can help individuals understand how these rules may apply to their circumstances.

You can also learn more about spousal support and maintenance and the financial issues that can arise during divorce.

Austin, Texas Property and Debts

Texas is a community property state. Generally, property acquired by either spouse during the marriage is presumed to be community property unless it qualifies as separate property under Texas law.

When granting a divorce, a Texas court divides the marital estate in a manner the court determines to be just and right, considering the rights of each party and any children of the marriage. The division does not necessarily have to be exactly equal.

Property owned before marriage and certain property acquired during marriage by gift or inheritance may qualify as separate property. Characterizing property can become particularly important in divorces involving businesses, real estate, retirement accounts, investments, or substantial assets.

For cases involving substantial property or complicated financial circumstances, our high-asset divorce resources provide additional information.

Prenuptial and Postnuptial Agreements in Austin

Austin’s growing economy has attracted entrepreneurs, technology professionals, business owners, and individuals relocating from across the country. As couples build careers, acquire property, and accumulate assets, some choose to create prenuptial or postnuptial agreements to establish financial expectations.

A prenuptial agreement is entered into before marriage, while a postnuptial agreement is entered into after the parties are already married. These agreements may address separate property, business interests, investment accounts, real estate, debt obligations, and other financial matters.

For individuals in Austin with businesses, investments, real estate, or other significant assets, these agreements can provide greater clarity about financial rights and responsibilities.

Additional information is available through our prenuptial agreement resources.

Parenting Time and Conservatorship in Austin, TX

Texas uses the concept of conservatorship when addressing many of the parental rights and duties that arise when parents separate or divorce. Courts make decisions concerning conservatorship based on the best interests of the child.

Parents may be appointed joint managing conservators, or in appropriate circumstances one parent may be appointed sole managing conservator. The particular rights and duties assigned to each parent can vary based upon the court’s orders and the circumstances of the family.

Texas also uses the terms possession and access when addressing parenting time. Parenting arrangements can vary significantly depending upon the facts of a case.

For parents in Austin and throughout Travis County, understanding these Texas-specific terms can be an important part of navigating a divorce or other domestic relations law matter involving children.

Financial Arrangements and Support for Children in Austin

Financial arrangements and support for children can be an important issue when parents divorce or separate. Texas has statutory guidelines that generally consider the obligor’s net resources and the number of children before the court, among other factors.

For many cases, guideline financial support for children before the court is calculated using percentages of net resources, including:

• 1 child: 20%

• 2 children: 25%

• 3 children: 30%

• 4 children: 35%

• 5 children: 40%

• 6 or more children: not less than the amount for five children

Different calculations and considerations may apply when an obligor has children in more than one household or when other circumstances are present.

Financial arrangements involving children can also include health insurance, medical expenses, and other financial responsibilities. Because these calculations can depend on income, deductions, insurance, and other circumstances, individuals should obtain advice concerning their particular situation.

The Texas Attorney General provides additional information concerning financial support obligations involving children in Texas.

Austin, Texas Name Changes

A spouse may request restoration of a prior name as part of a Texas divorce. Other types of adult name changes or requests involving a child’s name may require a separate legal proceeding and additional requirements.