Travis County Family Law & Divorce Attorneys
Whether you need an Austin divorce attorney, an Austin child custody lawyer or help with support, property or a change to an existing order, Barton & Associates represents families in the Travis County courts. Our attorneys prepare each case for hearing, explain your options in plain terms and tell you what to expect before you decide. We handle contested and agreed cases, from the first filing through final orders and later changes. Your first consultation is free, and you can call 512-THE-FIRM (843-3476).
Gary J. Barton & Associates, Attorneys at Law
Divorce, custody and support cases in Travis County are filed with the District Clerk and heard in the county’s civil and family district courts, which sit at 1700 Guadalupe Street downtown and hear other civil matters as well. Judges who manage a mixed docket want clear evidence and realistic proposals, so we build the file before the hearing, not at it. Our property division lawyer in Austin page explains how a marital estate is divided, our divorce mediation lawyer in Austin page explains how many cases settle without a trial, and our Austin child support lawyer page covers how support is set and enforced.
Our family law trial attorneys include Désirée Flye, a trial attorney on the firm’s family law team. Duane Graeff, our managing attorney, has practiced for more than 26 years in Texas state and federal courts and is a law professor and published scholar, and founding attorney Gary J. Barton has tried more than 100 cases to a jury. Our Austin law firm is at 316 W. 12th Street, Suite 400, where we meet with clients by appointment. Any Texas lawyer’s license and board certification can be checked in the State Bar of Texas directory, and we encourage you to check ours.
A good result in a family case starts with honest information. We tell you what the law allows, what the evidence supports and where the risk is, including the parts you may not want to hear, and we do not promise outcomes. If an existing order no longer fits your life, our divorce modification lawyer in Austin page explains when a change is realistic, and families caring for an incapacitated adult can read about a guardianship attorney in Austin. The first consultation is free.
Proven Results for Austin Families
Most family cases begin when someone files a petition with the Travis County District Clerk, whether it is a divorce, a suit affecting the parent-child relationship or a motion to change an order. The county’s civil and family courts are at 1700 Guadalupe Street. Filing rules and standing orders change, so confirm the current requirements with the clerk or a lawyer before you file or respond.
Texas is a community property state, and a divorce court divides the marital estate in the way it considers just and right under Family Code Section 7.001, which does not require an equal split. Following cases such as Murff v. Murff, judges can weigh fault, earning capacity, health and each spouse’s separate estate, which is why the line between community versus separate property matters so much. In Austin the estate can include stock options, restricted stock units, a startup interest or a home that gained value during the marriage, and an Austin prenuptial agreement lawyer can help a couple set rules in advance that a court will generally enforce.
Texas courts decide conservatorship, who holds the rights and duties of a parent, and possession, when each parent has the child, with the child’s best interest as the primary consideration. Texas presumes that naming both parents joint managing conservators serves that interest, and a history of family violence removes the presumption. Many schedules start from the standard possession order, but a parent who travels often, works nights or has a rotating schedule may need a schedule written around that work, and the details can matter as much as the label on the order.
Child support is set from the paying parent’s net resources under statutory guidelines, and an order is not necessarily permanent. Under Family Code Chapter 156, a court can modify custody, possession or support when circumstances have materially and substantially changed, which can follow a layoff, a new job or a move, and our page on modifying child support explains when an order can be adjusted. When a parent stops paying, child support enforcement is available through the court that signed the order.
When a child is in immediate danger, a court can issue a temporary restraining order, and in narrow cases it can do so before the other parent has notice. An order that takes possession of a child or excludes a parent from access requires a verified pleading or an affidavit. If a child is in immediate danger, call 911 first, then call us.
Judges decide family cases on evidence: financial records, school and medical records, messages, schedules and testimony. We build that record from the first week. We do not promise results, because the outcome depends on the facts, the evidence and the court. We tell you what is likely, what is at risk and what your options are.
A contested divorce or custody dispute rarely turns on one lawyer’s work alone. It takes a trial attorney who knows the courtroom, support staff who track every filing deadline, and careful preparation of the records a judge will rely on. Our family law team divides that work so that nothing waits on a single person’s calendar, and discovery responses, disclosures and scheduling-order dates are tracked from the first filing.
Texas lawyers are licensed by the State Bar of Texas, and board certification, where a lawyer holds it, is awarded to an individual lawyer in a specific area by the Texas Board of Legal Specialization. Both can be checked in the State Bar’s public directory. Managing Attorney Duane Graeff has practiced for more than 26 years in Texas state and federal courts and is a law professor and published scholar. Credentials matter, but so does the work in front of you, so ask any lawyer you interview how many contested family cases they have tried and who will appear with you in court. We are glad to answer both questions.
Founding attorney Gary J. Barton has tried more than 100 cases to a jury, and our trial attorneys prepare for local procedure, not just the statute. We learn how a court sets its docket, how it handles temporary orders and what it expects at a pretrial conference, and we plan your case around those answers. Contested hearings and bench trials are won or lost on preparation, and the work starts long before the hearing date.
The Travis County civil and family courts hear a wide range of civil matters as well as divorce and custody, so your case is one of many on a busy docket. That is one reason we prepare evidence the way a judge with a full calendar expects: organized, tied to a legal standard and easy to follow. It is also why we ask early which court has your case, because a judge’s practices on scheduling, exhibits and hearing time change how a case should be prepared.
Behind every filing is research on the current statute and case law and a file organized for hearing day. Texas family law changes with each legislative session and with appellate decisions, so we check the current Family Code rather than rely on memory. When a case turns on a document, such as a prior order, a decree or a premarital agreement, we read it first, because its wording controls what can be enforced or changed.
A high-net-worth divorce or a contested custody dispute benefits from more than one perspective. Equity compensation, a family business, retirement benefits or a disputed valuation call for attorneys and legal researchers on our team to review the strategy together before anything is filed, so one lawyer is not carrying a complex file alone. The same second look applies to a simple filing, because small errors in a petition or a decree are expensive to fix later.
Clients have posted hundreds of reviews of our firm on Google, where each review is tied to a Google account, and you can read them on our Google reviews page. We point to them because a rating you can check is worth more than one we simply claim. Our reviews describe the experience most clients want from a family lawyer, including clear communication and preparation, better than any claim on this page can.
You work with the attorney handling your case, and you receive updates between hearings instead of being routed through layers of staff. When a deadline, an offer or a hearing date changes, you hear it from us. Family law decisions about custody, property and support are not decisions to make on secondhand information.
Families considering a divorce or custody case want to know two things up front: what it will cost and what is likely to happen. We explain the fee arrangement at the first consultation, along with what your case is likely to involve and where the uncertainty lies. Cases that involve complex assets take longer and usually cost more than an agreed filing, and you should hear that before you commit. No lawyer can guarantee a result in a family court, and we do not.
A good result depends on a client who is honest with the lawyer, keeps appointments, gathers documents and follows court orders. Bring pay records, account statements, school and medical information and any messages that matter, and tell us about problems early, including the ones that embarrass you. We would rather hear it from you than learn it in a courtroom.
Our Austin office is at 316 W. 12th Street, Suite 400, downtown, and we meet with clients there by appointment. You can get directions to our office or meet with an attorney by phone if you cannot travel. We tell you what to expect at the courthouse before your first appearance.
Primary Practice Areas
Family Law Division
Many Travis County family cases settle in mediation, where a neutral mediator helps both sides negotiate. A mediated settlement agreement that meets the requirements of Family Code Section 6.602 is binding, and a party is then entitled to judgment on it, so a lawyer should review the agreement before anyone signs. We prepare clients for divorce mediation with the financial records and priorities needed to negotiate, and we explain when a collaborative divorce may fit instead. Mediation communications are generally confidential, which many families value.
Dividing a marital estate starts with identifying what is community and what is separate, then valuing each asset and debt, and our page on the characterization of assets and debts explains that step. We handle the marital home, stock options and restricted stock, business interests, retirement accounts and investment property, and we involve valuation professionals when an asset’s worth is disputed. A decree can assign debt between spouses, but it does not bind a creditor, so how a debt is assigned and secured matters as much as how assets are split.
A decree is not always the end of the case. Orders can be enforced when a parent or former spouse does not comply, and some can be changed. A material and substantial change in circumstances is the usual starting point for modifying custody, possession or support, which can follow a job change, a move or a remarriage. Spousal support has its own rules, covered on our page about alimony and spousal support. Either way, we read the existing order first, because its wording controls what can be enforced or changed.
Contact Barton & Associates in Austin today for a free, confidential consultation about your family law matter. Complete this form to schedule a free consultation, or call us at 512-THE-FIRM (843-3476) to check attorney availability for a phone consultation.
We are selective about the cases we accept because we treat our clients like family, with respect, dignity and unwavering commitment. In return, we expect the same courtesy. We do not tolerate rudeness toward our staff, and we will withdraw representation from any client who exhibits inappropriate behavior, dishonesty or attempts to mislead our team.
FAQ Family Law Austin
Look for a lawyer who handles contested family cases in the Travis County courts, will explain the likely outcome candidly and will try the case if a fair agreement is not available. Ask who will appear with you in court and who you will speak with between hearings, and confirm any Texas lawyer’s license and discipline record through the State Bar of Texas. At our free consultation we listen to the facts, review any orders or papers you bring, explain the process and your options, and tell you where we see risk. Bring existing orders, a list of assets and debts, your children’s schedule and any recent messages that matter, and you can schedule a free consultation by phone or online.
Cost depends mostly on how much the other side contests and how much work the court requires. Many family law firms bill hourly against a retainer, and some uncontested matters can be handled for a flat fee. Disputes over custody, property or a business take more time than an agreed divorce, and no honest lawyer can promise a total in a contested case. A court may also award reasonable attorney’s fees and expenses in a divorce under Family Code Section 6.708, but that award is discretionary. Our article on divorce cost in Austin explains the main cost factors, and we discuss our fees at the free consultation.
Divorce and custody cases are filed with the Travis County District Clerk and heard in the county’s civil and family district courts at 1700 Guadalupe Street. The county currently lists twelve civil district courts: the 53rd, 98th, 126th, 200th, 201st, 250th, 261st, 345th, 353rd, 419th, 455th and 459th. Its website does not say which of them take family cases, and assignments change, so we confirm the court at the start of every case. Once a court signs a final order about a child, it generally keeps continuing, exclusive jurisdiction over later suits concerning that child under Family Code Section 155.001, so modification and enforcement motions usually return to the same court. The county’s Domestic Relations Office also works with the district courts on child support enforcement and monitoring and on family programs such as visitation dispute resolution.
To file in Travis County, either spouse must have been a Texas resident for the preceding six months and a resident of the county for the preceding 90 days (Family Code Section 6.301). A court generally cannot grant a divorce before the 60th day after the petition is filed (Section 6.702), with narrow exceptions tied to family violence. An uncontested divorce in which both spouses agree on every term can often be finished soon after that waiting period, while a contested case takes longer because of temporary orders, discovery, mediation and trial settings. Our article on divorce timeline in Travis County walks through the stages, and our article on a spouse who will not cooperate explains how a divorce can still move forward.
The court divides the community estate in a manner it considers just and right (Family Code Section 7.001), which is not an automatic 50-50 split. Property either spouse possesses during the marriage or when it ends is presumed to be community property, and a spouse who claims property is separate must prove it by clear and convincing evidence (Section 3.003). Judges can weigh fault, earning capacity, health and the size of each spouse’s separate estate. Debt is handled similarly, but a divorce decree does not bind a creditor, so assigning a debt to your spouse does not release you if your name is on the account. Our article explains how debt is divided and how to protect yourself in the decree.
Property acquired by either spouse during the marriage, other than separate property, is community property (Family Code Section 3.002), and equity compensation can fall on either side of that line depending on when it was granted, when it vested and what the plan documents say. An award that covers a period both before and during the marriage is often divided in part, and awards that have not vested, that depend on future service or that vest after the divorce raise the hardest questions. Startup and private company equity usually needs a valuation, and the plan or shareholder agreement may limit what can be transferred. Gather the grant agreements, vesting schedules and recent statements early, and see our page on a divorce for business owners if you own a company.
Texas calls it spousal maintenance, and it is limited. A court may order it only if the spouse asking for it will lack enough property, including separate property, to meet minimum reasonable needs, and a Chapter 8 condition applies. The main conditions are a marriage of 10 years or longer with an inability to earn enough, a family violence conviction or deferred adjudication within the statutory window, a disability that prevents self-support, or the care of a child with a disability (Section 8.051). Maintenance generally cannot exceed the lesser of $5,000 a month or 20 percent of the paying spouse’s average monthly gross income (Section 8.055), and its length is capped, generally from five to 10 years depending on the length of the marriage (Section 8.054). Our article on what courts award for spousal maintenance explains the rules, and spouses can also agree to alimony by contract.
The child’s best interest is the court’s primary consideration under Family Code Section 153.002. The Code does not list factors, so courts rely on case law, which looks at the child’s needs, each parent’s abilities, the stability of the home and any danger to the child. Texas starts from a presumption that appointing both parents as joint managing conservators is in the child’s best interest (Section 153.131), but a finding of a history of family violence removes it. One parent usually receives the exclusive right to designate the child’s primary residence, and the other receives a possession schedule. An unmarried father must first establish legal parentage through a signed acknowledgment of paternity or a court order (Section 160.201). Our article explains how conservatorship works in practice.
Possibly, if a child is in immediate danger. Under Family Code Section 105.001 a court can issue temporary orders and a temporary restraining order, and in narrow cases it can do so before the other parent has notice, when immediate and irreparable injury would result before notice can be served and a hearing held. An order that takes possession of a child or excludes a parent from access requires a verified pleading or an affidavit. Judges set a high bar because the other parent has a right to be heard, and these orders are temporary. If a child is in immediate danger, call 911 first. Then gather what shows the danger, such as police reports, medical records, photographs and messages, and read our page on emergency custody orders before you call us.
Guidelines apply a percentage to the paying parent’s monthly net resources: 20 percent for one child, 25 for two, 30 for three, 35 for four and not less than 40 for five or more (Family Code Section 154.125), up to a cap on net resources that the state adjusts about every six years. A court can depart from the guidelines when they would be unjust or inappropriate, and medical support is ordered in addition. An order can be modified when circumstances have materially and substantially changed, or when three years have passed and the amount differs from the guideline amount by 20 percent or $100 a month (Section 156.401). You can estimate a figure with our child support calculator, and our article explains how child support is calculated in more detail.
A court can modify conservatorship or possession only if the change is in the child’s best interest and one of three grounds in Family Code Section 156.101 applies: a material and substantial change in circumstances, a child 12 or older who has told the court in chambers which parent the child prefers to designate the primary residence, or a primary-residence parent who has voluntarily given up primary care and possession for at least six months. A request to change who designates the primary residence within one year of the last order also needs a supporting affidavit (Section 156.102). Many orders also limit where the child’s primary residence may be, so a parent who wants to move outside that area needs the other parent’s agreement or a court order. To enforce an order, you file a motion for enforcement or contempt in the court that signed it. Our articles on parental relocation and how modifying custody in Travis County explain the process.
Mediation is a negotiation led by a neutral mediator, and it is how many family cases settle. Under Family Code Section 6.602, a mediated settlement agreement in a divorce is binding if it states prominently that it is not subject to revocation and is signed by each party and by each party’s attorney who is present, and a party is then entitled to judgment on it. Section 153.0071 sets similar requirements for agreements about children, though a court may decline to enter judgment in limited cases involving family violence or a person with a history of abuse, if the agreement is not in the child’s best interest. Because the agreement is binding once signed, have a lawyer review it first. Our article explains what to expect in mediation.
Family violence can affect almost every decision in a family case. In a custody case, Family Code Section 153.004 requires the court to consider evidence of abuse or family violence, bars joint managing conservatorship where credible evidence shows a history or pattern of abuse or neglect, and limits a parent’s access to a child where the court finds a history or pattern of family violence in the two years before filing or during the suit, unless the court finds that access would not endanger the child. A party who objects to mediation because of family violence has a statutory right to raise it (Section 6.602). A protective order can be sought through the court, and our article on family violence charges in Texas explains what follows an arrest. If you are in danger, call 911.
Our Austin office is at 316 W. 12th Street, Suite 400, downtown, and we meet clients there by appointment. The firm also has offices in San Antonio and Corpus Christi. Where a family case is filed depends on where the parties and children live, and a divorce requires 90 days of residence in the county where it is filed (Family Code Section 6.301). Cedar Park, Leander and Round Rock are mostly in Williamson County, while Buda, Kyle and Dripping Springs are in Hays County, so a family there may belong in a different county’s courts. If you live outside Travis County, call us with your county and the kind of case, and we will tell you at the start whether we can take it so you do not lose time finding the right lawyer.
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316 W 12th St Suite 400, Austin, TX 78701
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