Austin Divorce Lawyer

Written by Eric M. Willie, Austin family law attorney since 1998 · Legal content reviewed October 20, 2026

Types of Divorce in Austin, Texas

Texas recognizes both no-fault and fault-based grounds for divorce. In a no-fault divorce, you file on grounds of 'insupportability' — the marriage has become insupportable due to discord or conflict. No proof of wrongdoing is required. This is the most common ground used in Austin divorce cases.

Fault-based grounds include cruelty, adultery, felony conviction, abandonment, living apart for three or more years, and confinement in a mental hospital. Filing on fault grounds can influence how the court divides property and may be strategically advantageous. Eric evaluates each case to determine whether fault-based filing benefits your situation.

An uncontested divorce means both parties agree on all terms — property division, custody, support. These cases can finalize quickly after the mandatory 60-day waiting period. A contested divorce requires negotiation, mediation, or trial to resolve disagreements. Eric handles both with the same goal: the most efficient resolution that protects your interests, your finances, and your children.

Collaborative divorce is a third option where both parties commit to settling without litigation. Each spouse has a trained attorney, and neutral professionals (financial advisors, child specialists) help negotiate. If collaboration fails, both attorneys withdraw and the case starts over — creating strong incentive to reach agreement. Learn more on our collaborative divorce page.

The Austin Divorce Process — Step by Step

Step 1 — Filing: One spouse files an Original Petition for Divorce in the county where either spouse has lived for at least 90 days. Texas requires at least one spouse to have been a state resident for six months. In Travis County, family cases are filed with the District Clerk at the Civil and Family Courts Facility, 1700 Guadalupe Street in downtown Austin.

Step 2 — Waiting Period: Texas imposes a mandatory 60-day waiting period from the date of filing. No divorce can be finalized before this period expires. During this time, the court can issue temporary orders for custody, child support, spousal support, and exclusive use of property.

Step 3 — Temporary Orders: These protect both parties while the divorce is pending. They may address who stays in the family home, temporary custody and visitation schedules, temporary child support, temporary spousal support, and restrictions on selling or hiding assets.

Step 4 — Discovery: Both sides exchange financial documents, tax returns, bank statements, business records, and other relevant information. This phase is critical when complex assets, hidden income, or business valuations are involved. Eric's team conducts thorough discovery to ensure nothing is overlooked.

Step 5 — Mediation: Travis County courts require mediation in most family law cases before setting a trial date. The large majority of Austin divorce cases settle at mediation, saving significant time, expense, and emotional toll. Eric has extensive mediation experience in Travis, Williamson, and Hays counties. See our mediation page for details.

Step 6 — Trial: If mediation fails, the case proceeds to trial before a judge — or, uniquely in Texas, before a jury on certain issues such as conservatorship. Eric has tried cases in Austin family courts for over two decades and knows what each court prioritizes.

Step 7 — Final Decree: The judge signs a Final Decree of Divorce that becomes the binding order. This document addresses property division, custody, support, and all other terms. It is critical that the decree is drafted precisely — errors or ambiguities create enforcement problems for years.

How Much Does Divorce Cost in Austin?

Divorce costs vary dramatically based on complexity and cooperation. Uncontested divorce with agreement on all issues: $3,000 to $7,000. Standard contested divorce requiring negotiation and mediation: $10,000 to $25,000. Complex contested divorce with business valuations, hidden assets, or custody disputes: $25,000 to $75,000 or more. High-conflict cases involving trial, expert witnesses, and forensic accountants can exceed $100,000.

The biggest cost drivers are disagreement (more issues contested = higher cost), discovery complexity (more assets to trace = more attorney and expert hours), custody disputes (evaluations, guardian ad litem, and trial preparation are expensive), and expert witnesses (business valuators, forensic accountants, child psychologists). Eric offers a consultation where he assesses your situation and provides a clear, honest fee estimate before you commit.

Property Division in Austin Divorce

Texas is a community property state, but community property does not mean automatic 50/50 division. The court divides property in a manner that is 'just and right,' which can be unequal based on factors like fault, earning capacity, custody, health, and the size of each spouse's separate estate.

Community property includes everything acquired during the marriage — income, retirement contributions, real estate equity, vehicles, investments. Separate property — assets owned before marriage, inheritances, and personal gifts — belongs solely to that spouse, but you must prove it with documentation. For complex asset cases, see our property division page or high net worth divorce page.

Children and Austin Divorce

When children are involved, the court determines conservatorship (custody), possession schedules (visitation), and child support based on the best interest of the child. Texas presumes Joint Managing Conservatorship — both parents share decision-making rights — with one parent's home designated as primary residence.

The Standard Possession Order (SPO) gives the noncustodial parent the 1st, 3rd, and 5th weekends, Thursday evenings, alternating holidays, and extended summer possession. Modifications to the SPO are common. Eric helps parents negotiate custody arrangements that work for their family while protecting their rights. Learn more on our child custody page and child support page.

Contested vs. Uncontested Divorce — Which Do You Need?

Uncontested divorce works when both spouses agree on property division, custody, and support. These cases are faster (60-90 days), cheaper ($3,000-$7,000), and far less stressful. Even uncontested divorces need an attorney to ensure the agreement is fair and legally sound.

Contested divorce is necessary when spouses disagree on one or more major issues. The process involves negotiation, mediation, and potentially trial. Most contested cases still settle before trial — the question is how much negotiation is required to get there. Eric's approach is settlement-focused when possible and prepared for trial when necessary.

Why Austin Families Choose Eric M. Willie

The attorney who prepares your case is the attorney who stands with you in court. With a Pepperdine law degree and 28 years of Central Texas courtroom experience, Eric knows the Travis County judges, the local process, and the most effective strategies for each situation.

Eric's approach balances aggression with efficiency. Litigation is expensive and emotionally draining. When a fair settlement can be reached, Eric pushes for it. When the other side refuses to be reasonable, he is fully prepared for trial. This approach has earned him 4.9 stars across 350+ Google reviews from Austin families.

Texas Residency Requirements for Filing Divorce in Austin

To file for divorce in Texas, at least one spouse must have been a resident of the state for at least six continuous months before filing. Additionally, the filing spouse must have been a resident of the county where they file for at least 90 continuous days. If you recently moved to Travis County, you must wait until the 90-day requirement is met — or file in the county where the requirement is satisfied.

If both spouses live in different Texas counties, either county is a valid filing location. Strategy matters — different courts have different judges with different tendencies. Eric has practiced in Travis, Williamson, Hays, and Bastrop county courts and can advise on the most favorable venue for your case.

Alimony and Spousal Support in Austin Divorce

Texas is one of the most restrictive states for court-ordered spousal maintenance. Eligibility requires a marriage of 10 or more years, and the requesting spouse must demonstrate inability to earn sufficient income. Court-ordered maintenance is capped at $5,000 per month and limited to 5-10 years depending on the marriage duration.

Contractual alimony — negotiated as part of the divorce settlement — has no statutory caps and is the far more common form of spousal support in Texas. Eric negotiates for fair support terms, whether you are seeking support or defending against an excessive claim. Learn more on our alimony page.

How Long Does Divorce Take in Travis County?

The absolute minimum is 60 days due to the mandatory waiting period. Realistic timelines: uncontested divorce with agreement on all issues takes 60 to 90 days from filing. Standard contested divorce requiring mediation takes 4 to 9 months. Complex contested divorce with custody disputes or extensive assets takes 9 to 18 months. High-conflict cases that go to trial can take 12 to 24 months.

Travis County's family law courts handle a high volume of cases. Eric knows how to navigate the docket efficiently — setting realistic expectations while pushing for the fastest resolution your case allows.

Military Divorce and Special Circumstances in Austin

Active-duty service members and military spouses face additional legal requirements under the Servicemembers Civil Relief Act (SCRA), including the right to delay proceedings during deployment. Military retirement is often the most valuable marital asset, governed by the Uniformed Services Former Spouses Protection Act. Eric has extensive experience with military-specific issues. Visit our military divorce page for detailed information.

Protecting Your Credit and Finances During Divorce

Steps to protect yourself financially during an Austin divorce: close or freeze joint credit cards to prevent new charges; open individual bank accounts and redirect your direct deposit; document all marital assets and debts with current statements; change passwords on personal accounts and email; monitor your credit report for unauthorized activity; do not make large purchases or transfers that could appear as asset dissipation.

Texas temporary restraining orders — issued automatically in most Travis County divorce filings — prohibit both parties from destroying records, hiding assets, canceling insurance, or harassing each other. Violations can result in contempt of court and sanctions.

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