Austin Divorce Lawyer

Experienced Representation for Divorce, Custody, Property Division, and Complex Family Law Matters in Texas

Divorce can affect nearly every aspect of a person’s life, including parenting arrangements, financial stability, property ownership, and future family relationships. Whether a divorce is resolved through agreement or litigation, the decisions made during the process can have long-term consequences for both spouses and children.

At Carroll Troberman, PLLC, our Austin divorce attorneys represent clients throughout Central Texas in contested and uncontested divorce matters involving child custody, property division, financial disputes, CPS allegations, and other complex family law issues. We understand that no two divorces are alike, and we work closely with clients to develop legal strategies tailored to their circumstances and long-term goals.

Understanding Divorce in Texas

Texas allows both fault and no-fault divorce. Most divorces proceed under “insupportability,” meaning the marriage can no longer continue because of conflict or discord. However, allegations involving adultery, cruelty, abandonment, or other misconduct may still affect issues such as property division or spousal maintenance.

The divorce process generally begins with the filing of a petition and may involve temporary orders, financial disclosures, negotiation, mediation, or trial proceedings. Texas law also imposes a mandatory 60-day waiting period before a divorce can be finalized, although contested divorces involving custody disputes or financial disagreements often take substantially longer. For many families, understanding what to expect during a contested divorce early in the process can help reduce uncertainty and avoid costly mistakes.

Temporary Orders During Divorce

Many divorce cases require temporary court orders while the case is pending. These orders may address issues such as child custody, temporary child support, use of the marital residence, financial obligations, or restrictions involving certain property or accounts.

Temporary orders hearings often occur early in a case and can significantly affect the direction of the proceedings, particularly when children or financial disputes are involved. Understanding how temporary orders in Texas divorce cases work can help spouses better prepare for the early stages of litigation.

Child Custody & Divorce

When children are involved, Texas courts make custody decisions based on the best interests of the child. Courts may evaluate factors such as parental involvement, stability, living arrangements, educational needs, and the emotional and physical well-being of the child.

Custody disputes during divorce may involve conservatorship arrangements, parenting schedules, relocation requests, modification proceedings, or allegations affecting parental rights. Although Texas law does not formally favor one parent over another, many parents have questions about whether fathers have equal rights in Texas custody cases and how courts determine what arrangement serves the child’s best interests.

Property Division & Financial Issues

Texas is a community property state, meaning most property acquired during the marriage is presumed to belong to both spouses unless proven otherwise. Courts divide marital property in a manner considered “just and right,” which does not necessarily mean an equal division.

Property disputes may involve real estate, retirement accounts, business ownership interests, investment accounts, debt allocation, or separate property claims. In some cases, the division of marital assets may also affect spousal maintenance or support issues. Understanding the relationship between property division and alimony in Texas can help spouses better evaluate the financial impact of divorce proceedings.

Divorce Mediation in Texas

Many Texas divorce cases are resolved through mediation before trial becomes necessary. Mediation allows spouses to negotiate issues such as custody, support, and property division with the assistance of a neutral third party.

In many situations, mediation can reduce conflict, lower legal expenses, and allow families greater control over the outcome of their case. However, mediation is not appropriate in every situation, particularly where domestic violence, intimidation, or serious power imbalances are involved.

For a closer look at the process, see our guide to divorce mediation in Texas.

Why Choose Carroll Troberman, PLLC

Divorce cases often involve some of the most personal and financially significant issues a person may face. Our attorneys represent clients in both negotiated divorce matters and high-conflict litigation involving custody disputes, CPS allegations, property division, and emergency court proceedings.

At Carroll Troberman, PLLC, we work closely with clients to explain the legal process, protect their interests, and help them make informed decisions about the future. Our team has experience handling complex family law matters throughout Austin and Central Texas, including cases involving contested custody disputes, substantial financial assets, and overlapping CPS investigations.

Frequently Asked Questions

How long does divorce take in Texas?

Texas requires a minimum 60-day waiting period before a divorce can be finalized, though contested cases may take several months or longer depending on the issues involved.

Does Texas require legal separation before divorce?

No. Texas does not formally recognize legal separation.

Will I have to go to court for divorce?

Not necessarily. Many divorce cases are resolved through negotiation or mediation without a contested trial.

How is custody decided during divorce?

Texas courts determine custody based on the best interests of the child, considering factors such as stability, safety, parental involvement, and the child’s overall well-being.

What happens if my spouse does not agree to the divorce?

A divorce may still proceed even if one spouse contests certain issues. If an agreement cannot be reached, the court will ultimately decide unresolved disputes.

Speak With an Austin Divorce Attorney

Divorce can involve difficult legal, financial, and emotional decisions. Understanding your rights and legal options early in the process can help you better prepare for what comes next.

Contact Carroll Troberman, PLLC to speak with an Austin divorce lawyer about your case.

This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.

‍