Prenup Lawyer in Austin

To file for divorce in Austin, you must have lived in Texas for at least six months and in Travis County for at least ninety days. You must first file a Petition for Divorce with the district clerk’s office, then serve your spouse, and follow court procedures for property division, custody, and support.

A contested divorce occurs when spouses disagree on divorce terms like property division, child custody, or support. A contested divorce requires legal intervention. On the other hand, an uncontested divorce is a situation in which both spouses agree on all terms, making the process faster and less expensive.

You can file pro se (on one's own behalf) by submitting a Petition for Divorce, serving your spouse, and completing court-required documents. That said, errors in paperwork can cause delays and drag the process out, so we highly recommend legal guidance.

In some cases, courts in Travis and Williamson Counties may order one spouse to pay the other’s attorney fees. Judges typically consider factors such as financial disparity between spouses, whether one party is at fault for the breakdown of the marriage, and whether either side acted in bad faith during the divorce. However, it’s best to assume you’ll be responsible for your own legal costs and plan accordingly.

Texas is a community property state, meaning marital assets are generally divided equally unless a judge finds a different division is fair. Separate property (owned before marriage or received as a gift/inheritance) is not divided.

The cost of a divorce in Texas varies from county to county. Filing fees for both Travis and Williamson counties are typically around $350, with additional costs for service fees, mediation, and attorney representation. Uncontested divorces are far less expensive, while contested cases can cost thousands of dollars depending on the complexity of the case. Disclaimer: For the most accurate and up-to-date filing fees, please refer to the official website of your local county court.

In Texas, spousal support (or spousal maintenance) is not automatic. A spouse must prove they cannot meet basic financial needs and meet criteria, such as a marriage lasting 10+ years, disability, or being a caregiver for a dependent.

Here are some of our top recommendations for making your divorce process smoother and less stressful: Stay organized – Keep track of important documents, deadlines, and financial records. Communicate clearly – Approach discussions with your spouse calmly and focus on practical solutions. Consider mediation – Avoiding court can save time, money, and emotional strain. Know your rights – Understanding Texas divorce laws helps you make informed decisions. Get legal guidance – Having an experienced divorce attorney ensures the process is handled correctly and protects your interests.

Divorce can quickly get expensive, but there are ways to keep costs under control. Pursue settlement when possible – Resolving issues through mediation instead of litigation can significantly reduce the cost of the divorce. Organized is key – Gather financial documents, records, and information ahead of time. Choose your battles wisely – Don’t spend thousands fighting over small, replaceable items. When possible, consider an uncontested divorce – If you and your spouse can agree on terms, the process is much faster and more affordable. Use your attorney strategically – Don’t use your lawyer as a therapist. Keep communication focused on legal issues to avoid unnecessary billing.