Divorce can be one of the most stressful transitions a person will ever go through. Very few couples walk away in full agreement about property, finances, or child custody. That is why it helps to speak with an experienced, Board Certified family law attorney as early as possible. If you need a trusted Austin divorce lawyer, Newberry Law can help. Call us to arrange a confidential consultation.
Here are a few frequently asked questions to help you get a step ahead:
Filing for Divorce in Austin and Travis County
How long do I have to live in Austin to file for divorce?
Texas law generally requires that at least one spouse has lived in Texas for the prior six months and has lived in the county where the divorce is filed for at least 90 days before filing.
Are there any Austin-specific laws that are different from how other family law cases around the state are handled?
In many Travis County divorce cases, a Standing Order Regarding Children, Property and Conduct of the Parties goes into effect when the Petition for Divorce is filed. The purpose is to set basic rules to protect the parties, children, and property while the case is pending.
There is no such standing order for divorces taking place in Williamson County. If similar protections are necessary, a judge can sign temporary orders or a temporary restraining order based on the facts of the case.
Divorce Timeline and Process
Now that I have an Austin divorce attorney, how long will my divorce take?
Texas law requires a minimum waiting period of 60 days for most divorces. That means there must be at least 60 days between the date the divorce is filed and the date the court can sign the Final Decree of Divorce.
Some uncontested cases may be completed shortly after the 60-day period ends. However, divorces commonly take longer when the parties need time to gather financial information, negotiate a settlement, or resolve disputes about children or property. Many cases take several months, and complex cases may take longer.
Property and Asset Division
How do we divide our property?
One of the first steps in dividing the community estate is creating a complete inventory of assets and debts. Common items include:
- Real property
- Vehicles
- Bank accounts
- Credit card balances
- Mortgages
- Inheritances
- Businesses
- Trust accounts
- Stocks and investments
Once information is gathered, each side exchanges disclosures. In many cases, the parties negotiate a settlement. If an agreement is not possible, the court can decide how to divide property in a manner it considers “just and right.” Having experienced counsel is especially important when the estate is complex or high-value.
Can an Austin divorce attorney help protect my business in a divorce?
Yes. Businesses created before marriage are often separate property, but businesses formed or grown during marriage may involve community interests that must be addressed. Determining whether a business is separate or community property can be fact-specific and documentation-driven. An experienced attorney can help protect the business and pursue a fair overall division.
How do you put a value on the business?
Business valuation often requires a qualified expert. Valuation methods vary depending on the type of business, revenue model, and available records. Your attorney can coordinate valuation, analyze financial documentation, and use that information to negotiate or litigate a fair result.
Child Custody and Conservatorship
What does divorce mean for my children?
Divorce can be difficult for children and parents. A major goal is minimizing disruption while protecting the child’s best interests. Parents may agree to a schedule such as 50/50 possession in appropriate situations, but every family is different. If parents cannot agree, the court will decide custody-related issues.
What is conservatorship in Texas?
Conservatorship is the legal term Texas uses for what many people call “custody.” Parents may be named joint managing conservators, or one parent may be named sole managing conservator while the other is a possessory conservator, depending on the circumstances.
Conservatorship typically involves three key areas:
- Rights and duties regarding the children
- A possession schedule outlining parenting time
- Financial support
Common Divorce Terms
What is a “no-fault” divorce?
A no-fault divorce is one where neither party is legally blamed for the breakdown of the marriage. In Texas, “insupportability” is commonly used when the marriage has become insupportable due to conflict or discord with no reasonable expectation of reconciliation.
What is the difference between an uncontested divorce and divorce litigation?
An uncontested divorce generally means the spouses agree on all issues, including:
- Division of community property
- Spousal support (if applicable)
- Child support
- Conservatorship and a possession schedule
If spouses cannot reach agreement, the case may proceed as contested and could involve litigation. Litigation does not always mean going to trial, but it does mean the dispute is handled through the court process until the parties settle or the court makes final decisions.
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