Divorce Lawyer in Austin

Understanding the Divorce Process in Texas

Divorce can be a complex and emotional process, but having a clear understanding of the legal requirements and steps involved can help alleviate some of the stress. In Texas, you must meet specific residency requirements before filing for divorce, and the process can vary depending on whether the divorce is contested or uncontested.

As an experienced Austin divorce lawyer, I guide you through each step of the divorce process, including:

• Meeting Texas Residency Requirements
• Filing the Necessary Divorce Paperwork
• Negotiating & Reaching Agreements on Property Division, Child Custody, & Support
• Resolving Any Disputes Through Mediation or Litigation
• Finalizing the Divorce Decree

Whether you are considering filing for divorce or have already started the process, The Law Firm of T. Wade Jefferies is here to provide the legal support and guidance you need during this challenging time. 

The Texas Family Code forms the basis for all divorce proceedings throughout the state, including in Travis, Williamson, and Hays counties. County courts may have different procedures or scheduling guidelines, so working with someone familiar with your local courts helps your case avoid unnecessary delays. In Austin, the Travis County Civil and Family Courts Facility handles most divorce matters, and understanding local filing processes keeps paperwork moving. Additionally, if you have minor children, Austin courts require you to complete a parenting course tailored to the needs of local families before child custody orders can be finalized.

The divorce process in Texas can differ depending on whether the case is contested or uncontested. In an uncontested divorce, both parties agree on all terms, which can speed up the process and reduce court involvement. In a contested divorce, you may face disputes over asset division, custody, or support, possibly requiring mediation or litigation.

Texas community property law means assets acquired during the marriage are generally divided equally. Knowing this allows you to prepare for negotiations and helps support fair distribution. However, each spouse's financial situation and personal contributions can affect the court's decision on dividing property. Careful assessment and planning can significantly impact your settlement.

Navigating High-Asset Divorce & Complex Property Division in Austin

High-asset divorces present unique challenges, especially for families in Austin and Central Texas who own real estate, businesses, retirement accounts, or investment portfolios. Accurately valuing these assets is critical to a fair outcome, and local courts may ask for further documentation or expert opinions when businesses or property are involved. I draw on decades of litigation experience to help you understand the value of complex assets, the tax implications, and the obstacles you might face during negotiations.

In Travis County, divorces with significant financial assets might require testimony from appraisers or forensic accountants. These qualified professionals help clarify what’s at stake so both parties have access to complete financial information. With open communication and strategic planning, I help clients spot financial issues early to ensure transparency and proper analysis. For high-asset divorce in Austin, you receive personal guidance at every phase and tailored advice based on years of handling contested and uncontested cases in the area.

Same-Sex & Military Divorce Considerations in Central Texas

Same-sex spouses and military families in Austin may face unique rules and timelines in divorce. Texas courts apply equal property, custody, and support laws for all couples, but same-sex divorces can include special issues regarding parental rights or property acquired before legal marriage. I address these nuances so every family receives careful attention and up-to-date guidance under Texas law and recent court decisions.

Military divorce comes with special legal and procedural questions, including how the Servicemembers Civil Relief Act impacts court deadlines and military pension division. Travis County courts consider federal law as well as Texas statutes—especially for active-duty personnel. Preparing for these differences takes planning, especially when arranging parenting schedules, dividing military benefits, or establishing eligibility for Tricare or housing. I deliver clear, client-focused guidance so military and same-sex families feel prepared and supported through every step in the process.

How Long Does It Take to Get a Divorce in Texas?

The length of a divorce case depends on whether both parties can agree on critical issues. If both sides agree, then the divorce process may take only a few weeks or up to a year, but actual timing also depends on the specific circumstances of your case. However, both parties do not have to agree to end a marriage in Texas.

Several factors affect how long divorce proceedings last, including the complexity of assets, both parties' willingness to cooperate, and the court's schedule. Submitting documentation early and drafting clear terms for custody or support can help keep negotiations on track and expedite approval.

Texas law applies a mandatory 60-day waiting period after you file for divorce. This waiting period allows both parties time to consider their options. Some cases—such as those with complicated custody or large assets—may last longer. Taking timely action and staying in touch with your divorce attorney in Austin can help avoid unnecessary delays.

In Travis County, your case may go to a particular family court based on your address or the case’s details. Court schedules and dockets can influence how soon you receive hearing dates. When the case involves business interests, extensive property, or military service, you may need appraisers or custody evaluators, and these requirements can extend the timeline. If you live in Austin, promptly submitting financial documents increases the likelihood of your case progressing without avoidable errors or postponements.

The Law Firm of T. Wade Jefferies can assist with:

• Alimony
• Child Support
• Child Custody & Possession
• Property Division
• Enforcement
• Many Other Family Law Matters

You can get a divorce in Texas even if your spouse disagrees with the decision to end the marriage. If both sides resolve their issues through negotiation, a trial is not necessary.

As a family law firm representing clients in Travis, Williamson, Hays, Bexar, and Dallas Counties, divorce attorney T. Wade Jefferies can help you navigate the divorce process, regardless of the complexity of your unique divorce matters.

What Are the Texas Residency Requirements for Divorce?

To file for divorce in Texas, you or your spouse must have lived in the state for at least six months and in the county where you file for at least 90 days before filing.

These residency rules give Texas courts jurisdiction over your divorce. If you do not meet the requirements, you may need to file in another state. Meeting the state and county residency criteria speeds up your divorce and reduces future legal issues.

After you file, Texas law requires a minimum of 60 days before your divorce may be finalized. The Law Firm of T. Wade Jefferies can guide you through Texas divorce requirements and look out for your best interests while helping to minimize stress and complications during your case.

Community Property & Financial Planning in Divorce

Community property laws in Texas consider almost all assets acquired during marriage as jointly owned, so judges typically split them evenly during divorce. Some assets, such as gifts or inheritances, can remain separate and not be divided. Knowing which assets fall under community property laws helps create fair settlements for both spouses.

Financial planning during a divorce includes creating a full list of your assets and debts, evaluating future support responsibilities, and preparing for post-divorce finances. Financial planners can clarify how to divide complicated assets and safeguard your long-term well-being. Complete financial data makes negotiations smoother, especially when dealing with complex assets like businesses or investment properties in Austin.

High-asset divorces in Austin often involve additional steps, such as working with business appraisers or uncovering hidden property. Travis County courts may ask for expert reports or financial records to ensure an accurate settlement. If your case involves spousal maintenance or child support, your legal approach may consider local living costs, changing property values, and tax responsibilities. Careful financial planning helps protect your best interests and supports smart, informed decisions during the divorce.

Understanding Alimony in Texas Divorce Cases

Alimony, also called spousal maintenance, is available in Texas divorces only when specific conditions are met. Courts look at the length, each spouse's ability to earn income, financial contributions, and any domestic violence when deciding on support. Most often, support applies if you have been married for over 10 years and do not have enough resources or income.

The amount and length of alimony depend on the duration of the marriage and both parties' financial needs. Sometimes, one party pays temporary support while the divorce is ongoing. Understanding how Texas law handles alimony helps shape your expectations and lets you make informed decisions when you negotiate with your divorce attorney.

In Austin and across Travis County, judges review alimony cases based on Texas statutes and local economic factors. Things like rising housing costs, job availability, and access to resources after divorce can influence support decisions. Spouses who own a business or serve in the military may need to document income and benefits more thoroughly. Careful planning, up-to-date records, and clear communication make the process smoother and help ensure the outcome meets both parties' needs.