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 any misconduct. The most common reason for a no-fault divorce is that the marriage has become insupportable, meaning persistent disagreements or conflict make reconciliation unlikely.

Texas also recognizes fault-based divorces, which can influence financial arrangements, property division, and parenting decisions. Examples of fault grounds include:

• Cruel Treatment: Behavior that makes living together intolerable.
• Infidelity: A spouse engaging in a sexual relationship outside the marriage.
• Felony Conviction: One spouse has been sentenced to a year or more in prison.
• Abandonment: A spouse leaves the marriage for at least one year with no intention of returning.
• Extended Separation: Living apart for three years or more without resuming marital relations.
• Mental Health Confinement: One spouse has been institutionalized for at least three years, with little chance of improvement.

While many couples pursue the no-fault route for simplicity, raising fault-based claims may impact how the court distributes property, determines support, or assigns parenting responsibilities.

Residency and Waiting Requirements

To file for divorce in Travis County, at least one spouse must have lived in Texas for six months, and the filing spouse must have resided in Travis County for at least 90 days.

Once a petition is filed, there is a 60-day waiting period before a divorce can be finalized. This delay allows both spouses time to reflect and prepare. Divorces that involve children, significant assets, or disputes can take longer to resolve, sometimes stretching for several months or more.

Austin, TX Court Process and Parties

Divorces in Travis County are handled in District Court. The spouse initiating the divorce is called the Petitioner, while the other spouse is the Respondent. The process begins with a Petition for Dissolution of Marriage, and the Respondent has a specific timeframe to respond. If the Respondent does not respond, the court may grant a default divorce.

The divorce concludes with a Judgment for Dissolution of Marriage, officially ending the marriage and outlining arrangements for property, child custody, child support, and spousal maintenance.

Living Apart Before Divorce in Austin

Texas does not have formal legal separation. Couples who live apart remain legally married until their divorce is finalized. However, they can put temporary orders in place to address finances, custody, and parenting arrangements while the divorce is pending. In cases involving domestic violence, protective orders can provide safety for a spouse and children. Couples may also use separation agreements to outline financial responsibilities and property arrangements during this time.

Spousal Support in Travis County

Spousal maintenance is financial support ordered by the court under certain conditions, while alimony is voluntary support agreed upon by the spouses. Maintenance may be awarded if:

• The marriage lasted 10 years or more and one spouse cannot meet basic needs due to limited income or skills.
• The requesting spouse has a disability preventing them from earning sufficient income.
• The paying spouse was convicted of family violence in the past two years.
• The requesting spouse is caring full-time for a disabled child, making employment impractical.

Courts typically limit the amount and duration of spousal maintenance to what is necessary.

Austin, Texas Property and Debts

Texas follows community property rules, meaning most assets and debts acquired during marriage are jointly owned. Courts aim for a fair distribution but may adjust based on:

• Each spouse’s earning potential and financial needs
• Custody arrangements
• Misuse or dissipation of marital assets

Property owned prior to marriage, gifts, inheritances, and certain personal injury settlements are generally considered separate property. Prenuptial and postnuptial agreements may also influence the division of property.

Custody (Conservatorship) in Austin, TX

Texas calls child custody conservatorship, with the child’s best interests as the guiding principle. Courts may award:

• Joint Managing Conservatorship (JMC): Both parents share decision-making authority for the child’s welfare.
• Sole Managing Conservatorship (SMC): One parent holds primary decision-making power, usually when concerns like abuse or neglect exist.

Even with shared legal custody, children generally reside primarily with one parent, while the other has visitation rights. Courts may require supervised visitation or restrict access if safety concerns are present.

Child Support in Austin

Parents are both financially responsible for their children. Support is calculated as a percentage of the non-custodial parent’s net income:

• 1 child: 20%
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%
• 5 or more: 40%

Net income includes wages, bonuses, and self-employment earnings after deductions for taxes, Social Security, and health insurance. Support usually continues until the child turns 18, graduates high school, becomes emancipated, or has a disability requiring continued support.

Austin, Texas Name Changes

A spouse can ask for a name change as part of the divorce decree. Requests to adopt a different name or change a child’s name require filing a separate petition with the court and providing justification.