Divorce
Austin Divorce Lawyer | Divorce Attorney in Austin, TX
If you are considering divorce in Austin, Texas, working with an experienced divorce lawyer can make a significant difference in your outcome. Divorce affects your finances, your family, and your future; having the right legal guidance matters.
At Carroll Troberman, PLLC, our Austin divorce attorneys help clients navigate both contested and uncontested divorces, including cases involving child custody, property division, and CPS-related issues. Whether your situation is straightforward or highly complex, we are prepared to protect your rights every step of the way.
The Divorce Process in Texas: What to Expect
Understanding how divorce works in Texas can help you feel more prepared and in control.
The basic divorce process includes:
- Filing a petition for divorce
- Serving your spouse
- Temporary orders (if needed)
- Negotiation or mediation
- Final agreement or trial
Texas requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized. However, contested cases can take several months—or longer—depending on the issues involved.
Working with an experienced Austin divorce lawyer can help you avoid delays and protect your interests throughout the process.
Contested vs. Uncontested Divorce in Texas
Divorces in Texas generally fall into two categories:
Uncontested Divorce
- Both spouses agree on all terms
- Faster and more cost-effective
- Often resolved without court
Contested Divorce
- Disagreements over custody, property, or support
- May involve mediation or litigation
- Typically takes longer and requires more legal strategy
Even in contested cases, many disputes can be resolved outside of court with the help of skilled legal representation.
Key Issues in an Austin Divorce
Every divorce is different, but most cases involve one or more of the following:
Child Custody & Visitation
Texas courts prioritize the best interests of the child when determining custody. We help parents build strong cases to protect their parental rights.
Child Support
Child support is calculated based on Texas guidelines, but factors like income, custody arrangements, and special needs can affect the final amount.
Alimony (Spousal Support)
Spousal support may be awarded depending on the length of the marriage, financial need, and other factors.
Property Division
Texas is a community property state, meaning assets acquired during the marriage are subject to division. However, courts aim for a division that is “just and right,” not necessarily equal.
Divorce with Children in Texas
Divorce becomes more complex when children are involved. In addition to custody and support, courts evaluate:
- Living arrangements
- Parenting responsibilities
- Emotional and physical well-being of the child
If CPS becomes involved due to allegations of abuse or neglect, your case may become significantly more serious.
Our firm has experience handling divorce cases involving CPS investigations, and we work to protect both your parental rights and your child’s best interests.
Collaborative Divorce & Mediation in Austin
Not all divorces need to be resolved in court.
A collaborative divorce or mediation process allows both parties to work toward an agreement in a more controlled and less adversarial environment.
Benefits include:
- Faster resolution
- Lower costs
- Reduced conflict
- Greater control over outcomes
- Better long-term co-parenting relationships
We guide clients through mediation while ensuring their rights remain protected.
How Long Does a Divorce Take in Texas?
The timeline for a divorce depends on the complexity of the case.
- Minimum: 60 days (required by Texas law)
- Uncontested divorce: 2–3 months
- Contested divorce: Several months to over a year
An experienced Austin divorce attorney can help streamline the process and avoid unnecessary delays.
How Much Does a Divorce Cost in Austin?
The cost of a divorce varies based on factors such as:
- Whether the divorce is contested
- Complexity of property division
- Custody disputes
- Need for litigation
Uncontested divorces are generally more affordable, while contested cases involving court proceedings can be more expensive. During your consultation, we can provide a clearer estimate based on your situation.
Why Hire an Austin Divorce Lawyer?
Divorce involves legal, financial, and emotional challenges. Having the right attorney can make a significant difference in your outcome.
At Carroll Troberman, PLLC, we:
- Protect your rights and financial interests
- Advocate for favorable custody arrangements
- Handle complex or high-conflict cases
- Provide clear, strategic legal guidance
- Offer experience in both negotiation and trial
With over 30 years of combined experience, our team understands how to navigate Texas divorce law effectively.
Frequently Asked Questions
What are the residency requirements for divorce in Texas?
You or your spouse must have lived in Texas for at least 6 months and in the county of filing for at least 90 days.
Can I get divorced without going to court?
Yes. Many divorces are resolved through mediation or agreement without a trial. For more on the mediation process, see our Divorce Mediation 101 blog.
What happens if my spouse doesn’t agree to the divorce?
You can still proceed with a contested divorce, and the court will ultimately decide unresolved issues.
Will I have to share all my property?
Not necessarily. Separate property (owned before marriage or received as a gift/inheritance) is typically not divided.
How is child custody decided?
Courts focus on the best interests of the child, considering factors like stability, parental involvement, and safety. See our blog on how Texas courts decide child custody.
Contact an Austin Divorce Lawyer Today
Divorce is one of the most important legal decisions you will make. Having the right guidance can help you move forward with confidence.
Contact Carroll Troberman, PLLC today to speak with an experienced Austin divorce lawyer. We are here to help you understand your options, protect your rights, and work toward the best possible outcome.
Call now on (512) 478-3800 or contact us online to schedule your consultation.
