Austin, Texas Family Law Attorneys in Travis County

What Is Family Law in Austin, Texas?

Family law addresses legal issues involving family relationships and domestic matters. These cases often arise during emotionally challenging times and can involve complex legal and personal considerations. In Austin, Texas, family law encompasses a wide range of matters, including marriage dissolution, conservatorship and possession of children, child support, adoption, paternity, and fathers’ rights.

At Stange Law Firm, PC, our attorneys help individuals and families navigate these difficult situations with care, diligence, and a thorough understanding of Texas family law and local court procedures.

Dissolution of Marriage in Austin, Texas

Dissolution of marriage is the legal process used to end a marriage. In Texas, marriage creates a legal relationship, and dissolving that relationship requires filing a petition with the appropriate court.

Texas is a no-fault dissolution state, meaning a spouse does not have to prove wrongdoing by the other party. It is sufficient to allege that the marriage has become insupportable due to conflict or discord. However, Texas law also recognizes fault-based grounds, such as cruelty, adultery, abandonment, felony conviction, separation, or institutionalization, which may impact issues like property division or spousal support.

Dissolution as Civil Litigation in Austin

Dissolution cases in Austin are handled in Travis County courts and are a form of civil litigation. Like other civil matters, these cases may involve discovery, including depositions, interrogatories, and subpoenas. Many cases also include mediation or other forms of alternative dispute resolution, such as the collaborative process.

While some dissolutions resolve through negotiation, others—particularly those involving contested issues or significant assets—may proceed to trial. Effective representation requires familiarity with court rules, procedures, and litigation strategy at every stage of the case.

Alimony and Spousal Support in Austin, Texas

Texas law distinguishes between “alimony” and “spousal maintenance.” Alimony generally refers to payments agreed upon by the parties, while spousal maintenance is court-ordered support governed by specific statutory requirements.

Spousal maintenance is not automatic and is available only when certain eligibility criteria are met. Courts consider factors such as the length of the marriage, each party’s earning ability, education, health, and efforts to become self-supporting when determining whether support should be awarded and in what amount.

Pre-Nuptial and Post-Nuptial Agreements in Austin

A prenuptial agreement is a contract entered into before marriage that outlines how certain financial matters will be handled during the marriage or in the event of dissolution. A postnuptial agreement serves the same purpose but is executed after the marriage has begun.

In Texas, prenuptial and postnuptial agreements may address issues such as property classification, asset division, and spousal support. However, matters involving child custody, visitation, and child support cannot be determined in advance. These agreements must also be entered into voluntarily and must not be unconscionable to be enforceable.

Child Custody (Conservatorship) in Austin, Texas

In Texas, child custody is referred to as “conservatorship.” Courts generally favor joint managing conservatorship, meaning both parents share rights and responsibilities related to major decisions affecting the child, such as education and healthcare.

One parent is typically designated as the primary managing conservator, who determines the child’s primary residence. The other parent is usually named the possessory conservator and is granted parenting time and access. Sole managing conservatorship may be awarded in certain circumstances, such as cases involving family violence, substance abuse, neglect, or abandonment.

Legal and Physical Custody in Austin

While joint managing conservatorship is common, it does not necessarily mean equal parenting time. In many cases, the child primarily resides with one parent, while the other exercises possession according to a court-ordered schedule.

Courts may also impose geographic restrictions, such as limiting the child’s residence to a particular county or school district, depending on the circumstances of the case.

Financial Support in Austin, Texas

Both parents are legally required to support their children. Texas courts use statutory guidelines to calculate child support, typically based on the net income of the obligor parent (the parent paying support).

Net income is determined after deducting items such as federal income taxes, Social Security taxes, union dues, and health insurance costs for the child. Once net income is calculated, courts apply a percentage based on the number of children involved. In some cases, courts may also order retroactive child support.

Abuse and Neglect Proceedings in Austin, Texas

Abuse and neglect proceedings involve allegations that a child has been harmed or is at risk of harm. Texas law defines abuse broadly and includes physical injury, emotional harm, sexual abuse or exploitation, and the use of controlled substances that negatively affect a child’s well-being.

Texas law requires individuals with knowledge or suspicion of child abuse or neglect to report it to the appropriate authorities. These cases are highly sensitive and can involve both family courts and state agencies. Because parental rights may be at stake, abuse and neglect matters require careful legal advocacy and a thorough understanding of Texas law.