Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Austin may have a reputation as a progressive Texas city full of unconventional people, but many Austinites still get married—and some of them get divorced. Divorce might sometimes be the best path forward if your marriage is facing challenges.
Forbes Advisor presents this list of the best divorce lawyers in Austin to help you choose a qualified, experienced professional who can answer your questions and help you with your family law needs.
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Best Divorce Attorneys in Austin, Texas
Compare Top Divorce Attorneys
Filing for Divorce in Texas
Obtaining a divorce in Texas may seem daunting, but it doesn’t need to be. Regardless of the reason the marriage is ending, every divorce in Texas proceeds through the same general sequential steps.
However, you shouldn’t hesitate to speak with one of the best divorce lawyers in Austin for guidance, especially when you and your spouse disagree on the terms of your divorce.
Texas Divorce Requirements
The process of filing for divorce in Texas begins by determining whether you are eligible to file in this state. You or your spouse must have lived in Texas for six months. If that condition is met, either spouse can file in the local county district court where they have lived for the previous 90 days. You are not required to live separately for any length of time before filing.
You can also file for divorce in Texas even if you no longer live in the state or if you live abroad, as long as your spouse meets the Texas residency requirements.
Types of Divorce and Separation in Texas
Texas recognizes several different types of divorce. An Austin divorce lawyer can help you decide which type is best suited to meet your needs:
- Fault-Based Divorce: Fault-based divorces may be appropriate if your spouse has committed some wrongful act, such as abuse or adultery. However, very few divorces filed in Texas are fault-based.
- No-Fault Divorce: A court can grant a divorce if it finds that you and your spouse are no longer compatible and the marriage relationship is irreparably broken.
- Uncontested Divorce: In an uncontested divorce, you and your spouse agree on each issue, including why the divorce should be granted, how property should be divided and what parenting schedule you will follow.
- Contested Divorce: When the couple cannot agree on certain issues, they can try to work out a compromise through mediation. In rare cases, mediation can fail. If it does, a judge will decide the terms during a divorce trial.
If you wonder whether Texas offers legal separation, the answer is no. No Texas law allows a court to grant legal separation.
Child Custody, Support and Visitation in Texas
The divorce court must enter child custody and visitation orders if you and your spouse have children in common. The orders will include which parent the child will primarily reside with and how often the other parent will see the child. The court will consider any agreement you and your spouse reach but must ultimately ensure any arrangements are in the child’s best interests.
The parent who does not primarily live with the child will be ordered to pay child support to the other parent. This support is calculated based on the noncustodial parent’s financial situation. As your child grows and your financial picture changes, the court can modify this child support order to more accurately reflect your current situation.
Property Division in Texas
Texas is a community property state, and this system affects how and what property is divided by the court. In Texas, most of the property you and your spouse acquire during the marriage will be considered community property and subject to division. This includes income or property one spouse or the other acquired solely in their name.
Many believe that property in a divorce must be divided 50/50. Instead, in Texas, a divorce court must divide community property between you and your spouse in a fair manner.
Filing and Serving Your Papers
The forms you need for a divorce in Texas depend on whether you and your spouse have children in common. You can find these forms on the Texas State Law Library’s website or the state’s electronic filing portal, selfhelp.efiletexas.gov.
If you have retained a divorce lawyer in Austin, that attorney can prepare your forms for you. You or your lawyer must file the forms with the appropriate court and include a filing fee of approximately $350.
After filing the petition, you must serve your spouse with divorce papers. Many filers pay the local constable or sheriff a fee to deliver the petition. Service can also be accomplished by certified mail. If you have tried to locate your spouse but have not been able to, a court may allow you to serve them by publishing a legal notice in the newspaper.
Finalizing Your Divorce
Texas law requires you to wait at least 60 days from the date your divorce paperwork is filed. You, your spouse and your attorneys will prepare and finalize the agreement you will present to the court. You will likely attend just one short court hearing.
If there are contested issues in your divorce, you might attend one or more court hearings before a final hearing is held. During these hearings, the court may take evidence or testimony of witnesses. The court may also order one spouse to pay the other spousal support as part of its order dividing your community property.
How Can an Attorney Help You?
Your attorney can explore the various options for divorce with you and help you decide which is in your best interests. Your attorney can also assist you by completing legal forms and drafting agreements that can be used to resolve a collaborative or uncontested divorce.
Legal counsel is especially important when your divorce is contested. Your attorney can seek temporary orders to protect your parental and property rights while your divorce is pending. A skilled divorce lawyer in Austin can also help move your case through the divorce process more swiftly.
How to Find the Best Divorce Lawyer in Austin, TX
When searching for the best Austin divorce lawyer to represent you, consider more than just how much the attorney charges or how long they have practiced. Look for an attorney who has the skills you need.
- Relevant Experience. Identify the issues you need help with, such as high-value property division, and look for attorneys with experience handling those matters.
- Courtroom Skills. Many family law cases eventually settle, but there may be one or more court hearings wherein you will want an attorney who is prepared to argue for your interests.
- Clear Communication. Your Austin divorce lawyer should appreciate that you will have questions and keep in regular contact with you as your case progresses.
- A Fee Structure You Understand. An attorney should never hide or try to confuse you about their fees. You should know up front what the attorney charges for their representation.
Finally, you should have confidence in your attorney and be able to trust their decisions and advice. You do not want to be guided through the divorce process by a lawyer you do not believe has your best interests at heart.
Methodology
To come up with the best divorce lawyers in Austin, TX, of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
As Hard As Divorce Might Be, An Online Divorce Service Can Make It Easy
Let a professional, reasonably priced online divorce service help you with all matters pertaining to your divorce.
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Frequently Asked Questions (FAQs)
How long will it take to get divorced in Austin?
It will take at least 60 days before your divorce can be finalized. This waiting period applies to all divorces in Texas. However, contested divorces may take much longer than 60 days to resolve.
Is Texas a community property state?
Yes. Most property that either you or your spouse acquired during the marriage is considered community property. If you cannot agree on the division, a Texas divorce court will divide the community property between you and your spouse in a fair manner.
Will I have to go to court to get a divorce?
Likely, yes. In an uncontested divorce, there will likely be at least one hearing where the court will review your and your spouse’s terms and adopt them. Contested issues like child support, alimony or property division may require additional court hearings.
