Austin, Texas Divorce Lawyers & Attorneys in Travis County

COMMON QUESTIONS FOR DIVORCE LAWYERS IN AUSTIN, TEXAS

What Are the Grounds for Divorce in Texas?

In Texas, spouses can file for a “no-fault divorce,” which means it is not necessary to prove wrongdoing by either party. The most frequently cited reason in these cases is insupportability, which refers to ongoing conflict or disagreement that makes it unlikely the marriage can be repaired.

Texas also provides for fault-based divorces. These grounds can play a role in how the court approaches decisions involving property division, spousal support, and custody matters. Fault-based reasons include:

• Cruelty: One spouse has acted in a way that makes continuing the marriage too difficult for the other.
• Adultery: One spouse has had a sexual relationship outside the marriage.
• Felony Conviction: A spouse has been convicted of a felony and sentenced to at least one year in prison.
• Abandonment: One spouse has left the other with no intention of returning, and has remained away for at least a year.
• Living Apart: The spouses have lived separately for at least three years without resuming their relationship.
• Mental Health Confinement: One spouse has been in a mental health facility for at least three years with little likelihood of improvement.

Although many choose the no-fault route because it is more straightforward, raising fault-based issues can affect how the court decides matters related to finances and children.

Residency Requirements for Divorce & Waiting Period in Austin, Texas

To begin the divorce process in Texas, certain residency requirements must be met. One spouse must have lived in the state for at least six months before filing. Additionally, the spouse submitting the petition must have resided in the county where the divorce is filed for at least 90 days.

After filing, there is a mandatory 60-day waiting period before a judge can finalize the divorce. This waiting period is intended to give both parties time to reflect on their decision. While some divorces can be completed relatively quickly, cases that involve child custody, property division, or unresolved disputes may take several months or even longer, depending on the situation.

Name of Court and Title of Action/Parties in Austin, Texas

Divorce cases in Texas are handled by the District Courts. The process begins when one spouse, known as the Petitioner, files a Petition for Dissolution of Marriage. The other spouse, referred to as the Respondent, is then given a set amount of time to file a response. If the Respondent does not reply within that period, the court may proceed with a default divorce and issue a ruling in favor of the Petitioner.

The divorce is finalized through a Judgment for Dissolution of Marriage. This court order officially ends the marriage and sets out the terms related to property division, parenting arrangements, child support, and spousal maintenance.

Legal Separation in Austin, Texas

Texas does not offer a legal separation option, so couples who choose to live apart are still considered legally married until a divorce is finalized. Even when spouses decide to live separately, the law does not treat them as legally separated in the way some other states might.

Spousal Support and Alimony in Travis County, Texas

In Texas, there is a clear distinction between spousal maintenance and alimony. Spousal maintenance refers to court-ordered financial support that one spouse may be required to pay the other. Alimony, on the other hand, is financial support that spouses agree to voluntarily, without a court order. 

Spousal maintenance is granted only under specific circumstances. It may be considered if the marriage lasted at least ten years and the spouse seeking support cannot meet their basic needs due to limited income or job skills. It may also apply if the spouse requesting support has a disability that prevents them from earning enough income to be self-sufficient. In addition, maintenance may be awarded if the spouse expected to pay was convicted of family violence within the past two years. Another possible basis is when the spouse seeking support is the custodial parent of a child with a disability that requires full-time care, making employment impractical or impossible.

Even when these conditions are met, courts usually limit maintenance in both duration and amount, awarding it only when there is a clear need.

Distribution of Property and Debt in Austin, Texas

Child Custody in Travis County, Texas

In Texas, child custody is referred to as “conservatorship.” The court’s primary concern is always the best interests of the child. Typically, conservatorship is granted as either:

• Joint Managing Conservatorship (JMC): Both parents share the authority to make decisions regarding the child’s education, healthcare, and overall well-being.
• Sole Managing Conservatorship (SMC): One parent is given primary decision-making power, often in cases involving issues such as abuse, neglect, or instability.

Even when both parents have legal custody, the child usually lives with one parent, who is considered the primary conservator. The other parent typically has visitation rights. In situations where there are safety concerns, such as abuse or drug use, the court may order supervised visitation or, in some cases, may deny access to the non-custodial parent entirely.

Child Support in Austin, Texas

Texas law mandates that both parents contribute financially to the support of their child. Typically, the non-custodial parent is required to pay child support, which is calculated as a percentage of their net income. The percentages are as follows:

Name Change in Travis County, Texas

A spouse may request a name change as part of the divorce process, and this will be included in the final divorce decree. However, if an individual wishes to change to a name other than their pre-marriage name or legally change a child’s name, they must file a separate petition with the court and provide valid reasons for the requested change.