Divorce in Austin, Texas: What to Expect and How the Process Works

If you’re facing a divorce in Austin, it helps to understand the key steps, timelines, and common issues that come up in Texas divorce cases. This guide walks through the basics—so you can make informed decisions and know what questions to ask as your case moves forward.

If you’re looking for representation, visit our Austin divorce lawyer page to learn how Newberry Law, PLLC can help.

Divorce in Austin: The Big Picture

Divorce can feel overwhelming—especially when you’re trying to balance emotions, finances, parenting concerns, and major life changes all at once. In most cases, the process includes filing, temporary orders (when needed), information exchange (often called discovery), negotiation (sometimes through mediation), and then final orders.

At Newberry Law, PLLC, attorney Joe Newberry handles cases directly and focuses on clear communication and practical guidance throughout the process. Learn more about working with our team on the Austin divorce attorney page.

Divorce in Austin, Texas

Timeline for a Divorce in Austin, Texas

Texas requires a minimum 60-day waiting period from the date the divorce is filed before a divorce can be finalized (with limited exceptions). Beyond that minimum, the timeline depends on factors like:

Whether the case is contested or uncontested
How much community property must be identified and divided
Whether there are children and related custody/support issues
Whether both sides can reach agreement through negotiation or mediation

As a general range, contested divorces often take several months to a year (sometimes longer), depending on complexity and court scheduling.

Starting the Process: Filing and the 60-Day Waiting Period

Once a divorce petition is filed, the other spouse must be served (unless they waive service), and the case proceeds through required steps. During the 60-day waiting period, some cases move toward settlement quickly, while others require temporary orders and additional court involvement.

Temporary Orders in Austin Divorce Cases

Temporary orders can set rules and expectations while the divorce is pending. Depending on the situation, temporary orders may address issues like:

Use of the home and payment of household expenses
Temporary custody and visitation schedules
Temporary child support
Temporary spousal support (in appropriate cases)
Restrictions on transferring or hiding assets

Discovery: Gathering the Information That Matters

Many divorces require a period of information exchange to make sure decisions are based on complete and accurate facts. This phase may involve collecting and reviewing financial documents, property records, employment information, and other materials relevant to the issues in the case.

Discovery can be especially important when questions involve separate vs. community property, income, business ownership, or any concern that assets are incomplete or inaccurate.

Property and Finances: Identifying and Dividing Community Property

One of the most common issues in Texas divorce is identifying what qualifies as community property versus separate property, and determining a fair division under Texas law. Assets and debts may include real estate, bank accounts, retirement accounts, businesses, vehicles, and more.

For higher-complexity cases involving significant assets, business interests, or sophisticated financial structures, you may also want to review our High-Asset Divorce information.

Divorce and Children: Parenting Plans, Custody, and Support

If children are involved, the divorce will also address conservatorship (custody), possession and access (visitation), and child support. A workable parenting plan should be specific enough to reduce conflict while still allowing flexibility when appropriate.

Mediation in Austin Divorce Cases

Mediation is a structured negotiation process commonly used in Austin divorces to help parties reach agreement without a trial. Mediation can happen early, mid-case, or near the end depending on the circumstances.

You can learn more about mediation here: divorce mediation.

After the Divorce: When Can You Remarry?

After a divorce decree is signed, Texas law generally requires a 31-day waiting period before either spouse can remarry, with limited exceptions. In certain situations, it may be possible to request a waiver from the court for good cause.

Talk With a Divorce Lawyer in Austin

If you’re considering divorce or already have a case pending, getting clear legal guidance early can help you avoid expensive mistakes and reduce uncertainty. To discuss your situation, contact Newberry Law, PLLC.