Divorce & Separation: Your Guide to Ending a Marriage in Austin, Texas

Deciding to end a marriage is one of the most difficult decisions a person can make. The emotional weight of dissolving a relationship that was built on love and commitment is matched only by the practical challenges that lie ahead: dividing a lifetime of shared assets, determining the future of your children, and establishing a new financial foundation. In a community as vibrant and dynamic as Austin, where families are as diverse as the neighborhoods they call home, no two divorces are exactly alike.

At Barton & Associates, Attorneys at Law, we help families throughout Austin and Central Texas navigate the divorce and separation process with clarity, compassion, and strategic focus. From the neighborhoods of Central Austin to the communities of Round Rock, Cedar Park, Lakeway, Kyle, and Dripping Springs, our attorneys bring decades of experience to family law matters. We understand that behind every legal filing is a family in transition—and that our role is to guide you through that transition with skill and respect.

Whether you are contemplating divorce, in the midst of separation, or seeking to understand your options, we provide the guidance you need to make informed decisions about your future and the future of your family.

Understanding Divorce in Texas

Divorce is the legal process by which a marriage is dissolved. In Texas, divorce is governed by the Texas Family Code, which sets forth the requirements for filing, the grounds for divorce, and the procedures for resolving issues such as property division, child custody, and support.

Residency Requirements:

To file for divorce in Texas, at least one spouse must have been a resident of Texas for the preceding six months and a resident of the county where the divorce is filed for the preceding 90 days. In Travis County, this means you or your spouse must have lived in the county for at least 90 days before filing.

Grounds for Divorce:

Texas is a no-fault divorce state, meaning you can seek a divorce without proving that either spouse did something wrong. The no-fault ground is “insupportability”—the marriage has become insupportable due to discord or conflict of personalities. Fault grounds—such as cruelty, adultery, or abandonment—are also available but are less commonly used.

The Divorce Process:

The divorce process typically involves:

• Filing an Original Petition for Divorce

• Serving the other spouse

• Temporary orders (if needed)

• Discovery (exchanging information)

• Negotiation and mediation

• Final hearing or trial

• Entry of Final Decree of Divorce

For families in Austin, understanding the divorce process is the first step toward a successful outcome.

What Is the Difference Between Divorce and Legal Separation in Texas?

Unlike many other states, Texas does not recognize “legal separation” as a distinct legal status. While couples can live apart, there is no court-sanctioned status of “legally separated.”

Living Apart:

Couples may choose to live apart without formally divorcing. During this time, they may enter into informal agreements about finances and parenting. However, these agreements are not enforceable by the court unless they are formalized in a written agreement or court order.

Temporary Orders:

While a divorce is pending, the court can enter temporary orders that address issues such as:

• Who stays in the family home

• Temporary child custody and visitation

• Temporary child support

• Temporary spousal support

• Payment of bills and expenses

Temporary orders provide structure during the divorce process and are enforceable by the court.

Annulment:

An annulment is a legal declaration that a marriage was never valid. Annulment is available only in limited circumstances, such as when one spouse was underage, the marriage was entered into under duress, or one spouse was already married.

For families in Austin, understanding the alternatives to divorce is essential to making informed decisions.

How to File for Divorce in Travis County

Filing for divorce in Travis County involves several steps. While the process can be complex, understanding the basic framework can help you prepare.

Step 1: Determine Eligibility

Ensure that the residency requirements are met. At least one spouse must have lived in Texas for six months and in Travis County for 90 days.

Step 2: Prepare the Petition

The Original Petition for Divorce is the document that initiates the divorce. It states the grounds for divorce and outlines the relief being sought, including property division, child custody, and support.

Step 3: File the Petition

File the petition with the Travis County District Clerk. The filing fee varies; fee waivers are available for those who qualify.

Step 4: Serve the Other Spouse

The other spouse must be served with the petition and given notice of the proceedings. Service can be by personal service, by waiver of service, or by publication if the other spouse cannot be located.

Step 5: Wait the Required Period

Texas law requires a 60-day waiting period from the date of filing before a divorce can be finalized. This waiting period can be waived in certain circumstances, such as cases involving family violence.

Step 6: Resolve Issues

The parties must resolve all issues in the divorce—property division, child custody, child support, spousal support—either by agreement or by court order.

Step 7: Finalize the Divorce

Once all issues are resolved, the court enters a Final Decree of Divorce. The divorce is final when the decree is signed by the judge.

For families in Austin, working with an experienced attorney can streamline the filing process and ensure that all requirements are met.

Types of Divorce: Contested vs. Uncontested

Divorce cases fall into two broad categories: uncontested and contested.

Uncontested Divorce:

An uncontested divorce is one in which the parties agree on all issues—property division, child custody, child support, and spousal support. Uncontested divorces are typically faster, less expensive, and less stressful than contested divorces.

Contested Divorce:

A contested divorce is one in which the parties cannot agree on one or more issues. Contested divorces may require:

• Discovery (exchanging financial and other information)

• Temporary orders hearings

• Mediation

• Trial

Collaborative Divorce:

Collaborative divorce is an alternative to traditional litigation. In collaborative divorce, the parties and their attorneys commit to resolving the case without going to court. If the collaborative process fails, the collaborative attorneys must withdraw, and the parties must start over with new counsel.

Mediation:

Mediation is a form of alternative dispute resolution in which a neutral mediator helps the parties reach agreement. In Travis County, mediation is often required before a case can proceed to trial.

For families in Austin, choosing the right approach—uncontested, collaborative, or contested—is essential to achieving a successful outcome.

Key Issues in Divorce

Every divorce involves several key issues. Understanding these issues is essential to protecting your rights.

Property Division:

Texas is a community property state. All property acquired during marriage is presumed to be community property, subject to division by the court in a “just and right” manner. Separate property—property owned before marriage or acquired by gift or inheritance—is not subject to division.

Child Custody:

Child custody—known in Texas as conservatorship—determines which parent has the right to make decisions about the child’s life. Possession (visitation) determines when the child will be with each parent.

Child Support:

Child support is determined by statutory guidelines based on the paying parent’s net income and the number of children. Child support generally continues until the child turns 18 or graduates from high school.

Spousal Support:

Spousal support—known in Texas as spousal maintenance—is available in limited circumstances, such as when the marriage lasted at least 10 years and the requesting spouse lacks sufficient property to meet their minimum reasonable needs.

Attorney’s Fees:

The court may order one spouse to pay the other spouse’s attorney’s fees based on the parties’ financial circumstances and the conduct of the parties.

For families in Austin, addressing these issues thoroughly is essential to a fair and sustainable divorce.

How Long Does a Divorce Take in Texas?

The timeline for a divorce depends on several factors, including whether the divorce is contested and the complexity of the issues.

Minimum Waiting Period:

Texas law requires a 60-day waiting period from the date of filing before a divorce can be finalized. This means the earliest a divorce can be finalized is 61 days after filing.

Uncontested Divorce:

In an uncontested divorce, the case can often be finalized shortly after the 60-day waiting period expires. Total time is typically 2-4 months.

Contested Divorce:

In a contested divorce, the timeline depends on the complexity of the issues and the court’s docket. Simple contested cases may take 6-9 months. Complex cases involving business valuation, high assets, or custody disputes can take a year or more.

Factors Affecting Timeline:

• Whether the parties agree on issues

• Complexity of property division

• Need for business valuation or other experts

• Court’s docket

• Cooperation of the parties

For families in Austin, understanding the timeline helps in planning for the future.

Protecting Your Rights During Divorce

Throughout the divorce process, it is essential to protect your rights and your financial interests.

Do Not Hide Assets:

Hiding assets is not only unethical but also illegal. If you are found to have hidden assets, the court can impose sanctions, including awarding the hidden assets to the other spouse.

Document Everything:

Keep records of all financial accounts, property, and debts. Documentation is essential to proving the character and value of assets.

Avoid Major Financial Changes:

Unless ordered by the court, avoid making major financial changes during the divorce—such as selling property, closing accounts, or making large purchases.

Focus on Children:

If you have children, prioritize their well-being. Avoid involving them in the conflict, and focus on creating a stable environment.

Work with an Experienced Attorney:

Divorce is one of the most significant legal events you will experience. Working with an experienced family law attorney ensures that your rights are protected and that you achieve the best possible outcome.

For families in Austin, taking these steps can help ensure a smoother divorce process.

Frequently Asked Questions About Divorce & Separation in Austin, Texas

When clients come to our office—whether from Austin’s central neighborhoods, the suburbs to the north and south, or the Hill Country communities—they often have questions about divorce. Here are the answers to the most common inquiries we receive.

Do I need a reason to get a divorce in Texas?

No. Texas is a no-fault divorce state. You can seek a divorce on the ground of “insupportability”—meaning the marriage has become insupportable due to discord or conflict of personalities. You do not need to prove fault.

How long do I have to live in Texas to file for divorce?

At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for 90 days. In Travis County, this means you or your spouse must have lived in the county for 90 days before filing.

What is the 60-day waiting period?

Texas law requires a 60-day waiting period from the date of filing before a divorce can be finalized. This waiting period cannot be waived in most cases.

Can I date during my divorce?

While there is no law prohibiting dating during divorce, it can complicate the proceedings. If you are dating, it is best to be discreet and avoid introducing new partners to your children until the divorce is final.

How is property divided in a Texas divorce?

Texas is a community property state. All property acquired during marriage is presumed to be community property, subject to division by the court in a “just and right” manner. Separate property—property owned before marriage or acquired by gift or inheritance—is not subject to division.

How is child custody decided?

The court decides child custody based on the best interest of the child. Factors include each parent’s ability to provide a safe and stable home, the child’s relationship with each parent, and the child’s needs.

How long does spousal support last?

Spousal support—spousal maintenance—is limited by statute. For marriages of less than 20 years, support cannot exceed 5 years. For marriages of 20-30 years, support cannot exceed 7 years. For marriages of 30 years or more, support cannot exceed 10 years.

Why Barton & Associates for Divorce & Separation in Austin

Divorce is one of the most significant events in a person’s life. The decisions made during divorce will shape your financial future and your relationship with your children for years to come. The attorneys at Barton & Associates bring decades of experience to divorce and separation matters, helping clients navigate this complex process with skill and compassion.

We are deeply rooted in the Austin legal community. We have handled divorce cases in Travis County family courts for decades and understand the local procedures, the judges, and the strategies that lead to successful outcomes. This local knowledge allows us to advise clients accurately and advocate effectively.

We are also committed to a client-centered approach. We take the time to understand your goals, your concerns, and your priorities. We explain your options in clear, straightforward language, and we provide honest advice about the best path forward.

Take the First Step Toward Your New Beginning

If you are considering divorce or separation, you do not have to navigate this difficult time alone. At Barton & Associates, we are here to help you understand your rights, protect your interests, and move forward with confidence.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced family law attorney about your situation. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you begin your new chapter.

Main Category: Family Law Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)