Austin, Texas Family Law Attorneys in Travis County

What is Family Law in Austin, Texas?

Family law in Austin, Texas is dedicated to assisting individuals with issues related to family relationships. It encompasses a broad range of topics, offering support and guidance to families during difficult times. Key areas of family law include dissolution, child custody, child support, adoption, paternity, and fathers’ rights.

Due to the emotional challenges that often come with these cases, the attorneys at Stange Law Firm are committed to helping you navigate these complex matters with compassion and care. Family law covers several key topics, including:

Dissolution of Marriage in Austin, Texas

Dissolution of marriage is the legal process of ending a marriage. When a couple is married in Texas, they enter into a legal union. To dissolve this relationship, one spouse must file a petition for dissolution with the court.

In Texas, the spouse filing for dissolution does not need to accuse the other party of wrongdoing or prove misconduct. It’s sufficient to state that the marriage is irretrievably broken, which is known as a “no-fault dissolution.” Although fault is not required for dissolution in Austin, it may affect factors like alimony, property division, and child support. Grounds for dissolution can include insupportability, separation, institutionalization, cruelty, adultery, felony conviction, and abandonment.

Dissolution is Civil Litigation in Austin, Texas

Dissolution cases are handled in the Travis County Civil Court in Austin. As with other civil litigation, the parties involved will work with their attorneys to gather evidence through depositions, interrogatories, and subpoenas. Mediation may also be used if both parties agree, along with other forms of alternative dispute resolution, such as the collaborative process. Many dissolution cases are resolved before reaching trial, but others may require a trial if there are contested matters or significant assets at stake.

Alimony and Spousal Support in Austin, TX

Texas law allows for the possibility of alimony during dissolution, though it’s important to distinguish between “alimony” and “spousal support.” Alimony refers to ongoing monthly payments from one spouse to the other, while spousal support is temporary assistance provided to help the receiving spouse become financially independent. Certain eligibility criteria must be met for courts to award spousal support.

Pre and Postnuptial Agreements in Austin, Texas

A prenuptial agreement is a contract made before marriage, outlining significant property and debt owned by each spouse. Prenuptial agreements can vary in length and complexity, depending on the nature of the assets involved. At Stange Law Firm in Austin, Texas, our lawyers work with you to create a prenuptial agreement tailored to your specific needs.

Certain topics cannot be included in a prenuptial agreement in Texas, such as child custody, support, or visitation, illegal activities, or overly unfair financial terms. Some factors can invalidate a prenuptial agreement, like if it was signed involuntarily. Consulting with our Austin attorneys can help ensure your agreement is thorough and legally sound. A postnuptial agreement is similar but is created after marriage.

Child Custody in Austin, TX

Child custody, or “conservatorship” in Texas, is often one of the most emotionally charged aspects of a dissolution case. In most situations, both parents are named joint managing conservators, meaning they share responsibility for making important decisions about their children’s lives. The “primary managing conservator” is the parent who has physical custody of the child for most of the time.

If one parent is awarded sole conservatorship, the other becomes the “possessory conservator,” retaining parental rights but without final authority on decisions regarding the child. Sole conservatorship may be granted due to issues like domestic violence, substance abuse, child abuse/neglect, or abandonment.

Legal and Physical Custody in Austin, Texas

Texas typically favors joint managing conservatorship, meaning both parents share decision-making responsibility for their child, covering areas like education and healthcare. However, this does not necessarily mean the child spends equal time with both parents. In most cases, the child will primarily live with one parent, called the “custodial parent,” while the other parent is the “non-custodial parent.”

In some joint conservatorships, a geographical area such as a school district or county can influence where the child lives, with neither parent holding the authority to make that decision.

Child Support in Austin

Texas law requires both parents to financially support their children, whether or not a court order is in place. Courts may order one parent to pay child support to the other, with payments beginning once the judge signs the order. In certain cases, retroactive child support (or “back” child support) may also be ordered. Child support is calculated using a specific formula based on the income of the obligor (the non-custodial parent).

This calculation considers deductions for things like Social Security taxes, federal income tax, state income tax, union dues (if applicable), and health insurance expenses for the children.

Once the net income of the parent paying child support is determined, Texas courts apply a percentage based on the number of children involved in the case.

Abuse and Neglect Proceedings in Austin, Texas

Texas child abuse laws make it a criminal offense to physically, emotionally, or sexually abuse minors. The law requires anyone with knowledge of abuse to report it to the appropriate authorities. This reporting duty applies to all individuals, including those with privileged communication, such as teachers and healthcare professionals.

Abuse in Texas is defined as causing or failing to prevent harm that negatively affects a child’s growth or emotional well-being, physical injury that causes significant harm or doesn’t match the provided explanation, sexual abuse or exploitation, or the use of controlled substances that harm the child physically or mentally.