Austin Divorce Lawyers
Compassionate Legal Support for Your Divorce Journey
At Diggs & Sadler, our Austin divorce attorneys provide trustworthy and compassionate legal counsel to locals facing the complexities and challenges of divorce and family law cases.
Top-Rated Austin Divorce Attorneys - Named in Super Lawyers®
Our team includes highly experienced and awarded lawyers with diverse backgrounds and insights, featuring individuals recognized by Super Lawyers® for outstanding legal services. When a legal conflict impacts your family's future, you want a law firm as knowledgeable and reputable as ours to lead you through it. We protect your best interests and pursue the results you want while maintaining respectful relationships with the other side, so you do not feel like you are losing someone important.
Understanding the emotional toll of divorce, our lawyers offer support that goes beyond legal advice. We take the time to learn your objectives and work closely with you to formulate strategies aligned with your needs. Our personalized approach ensures every action taken strives to reach your goals while minimizing stress and disruption in your life.
Our commitment to an individualized approach helps us identify potential issues early in the divorce process. By reviewing your specific concerns from the start, we can address challenges before they escalate. This proactive planning gives clients clarity and control throughout negotiations, whether your divorce involves complex financial arrangements, unique family situations, or both. We also provide ongoing updates, so you always know where your case stands and what to expect next.
Are you looking to file for divorce in Austin, TX? Call Diggs & Sadler today at (713) 766-5355 or contact us online to schedule a consultation.
Understanding the Divorce Timeline in Austin
Every divorce follows a unique timeline, but Austin’s legal environment creates some shared benchmarks. After filing, Texas law requires a minimum 60-day waiting period before the court can finalize a divorce. However, the complexity of negotiations, discovery, and child-related matters often extends that timeline well beyond the statutory waiting period. In Travis County, the courts prioritize cases involving child custody or urgent safety issues but also face high caseloads, which can lead to scheduling delays for hearings or mediation.
Your attorney will keep you informed about expected milestones and update you as your case progresses. As a client, staying responsive to requests for documents and decisions helps keep the process moving and minimizes surprises.
Working with a local attorney who understands Austin’s family court procedures allows you to set realistic expectations about upcoming steps and estimated case duration. Our lawyers communicate any changes in Travis County’s procedures quickly, helping you handle holidays, judge assignments, or unexpected scheduling delays. Anticipating these factors reduces uncertainty and lets you plan for your future with more confidence.
Divorce Services Tailored to Your Needs
Our Austin divorce attorneys can help with the following:
- Divorce: Divorce cases are often challenging and require significant resources and time to resolve. Our Austin divorce lawyers understand Texas divorce laws thoroughly and can help you choose the best path for your family.
- Child Custody: Your parental rights matter. We can discuss custody arrangements that help your child thrive after divorce changes the family dynamic.
- Property & Assets: Our team helps you protect valuable property and navigate your property division case.
- Mediation. Mediation can save time, reduce stress, and lower expenses during divorce. If you are interested in mediation or if a family court judge requires it before trial, let our Austin divorce attorneys know.
- International Divorce: If you are divorcing someone who lives in another country, you can rely on our decades of combined experience as Austin divorce attorneys to guide you through this complex process.
- Alimony: Whether you want to request spousal support or challenge a request, our law firm can provide professional guidance.
- LGBTQ+ Family Law: Diggs & Sadler proudly stands with the LGBTQ+ communities of Texas. Come to our law firm for help understanding your rights as an LGBTQ+ family member involved in a family law conflict, many of which may be new.
- Coronavirus (COVID-19) & Child Support Modification & Enforcement: At Diggs & Sadler, our attorneys have helped individuals with COVID-19-related child support modification and enforcement cases.
Our comprehensive approach ensures each client’s circumstances are carefully considered. We also provide guidance on pre-nuptial agreements and post-divorce modification requirements. We aim to offer a full suite of divorce services to support you throughout your transition.
When you work with our Austin divorce attorneys, you benefit from our team’s familiarity with the unique aspects of local law and the court system in Travis County. We understand the nuances of Texas Family Code, as well as how judges in Austin interpret these laws. This local insight allows us to guide clients through regional filing rules and any requirements unique to the area, so nothing catches you off guard during your case. We have supported families from neighborhoods like Hyde Park, East Austin, and Zilker through life’s major transitions, and we address the needs of those living throughout central Texas.
"Highly recommend Attorney Kristin Weaver."She will go above and beyond to ensure your needs are met!
Filing for Divorce in Austin
Diggs & Sadler is here to assist you with filing for divorce in Austin, including the first steps, such as serving divorce papers or knowing how to respond if you have been served. At our firm, you can feel confident that your divorce will begin with the correct filing process. Many of the biggest obstacles in a divorce can be avoided with careful preparation, so the risk of complications or delays remains low.
Filing for divorce in Austin usually involves:
- Residency Requirements: Before you file for divorce, you must be a legal resident of Texas for at least six months. To file in Austin, you must also live in Travis County for at least 90 days. Time spent in military service counts as residency time, even if you are stationed elsewhere.
- Petition Creation & Filing: A divorce is technically a lawsuit in Texas. You must first create a petition outlining what you expect from the divorce, such as property division. Our Austin divorce lawyers can help you prepare and file this petition with the appropriate family law court.
- Official Service: After filing in court, the petition must be formally served to your spouse. The respondent can accept or contest the petition. Either way, your spouse must respond within 20 days. We can help arrange official service to prevent claims that your spouse never received the divorce papers.
- Discovery Process: You and your spouse will need to make detailed disclosures about your financial situations and assets that could impact the divorce. This information is exchanged and reviewed for accuracy.
- Mediation: A Texas family law court often orders both spouses to attempt good-faith mediation before moving to litigation. Our team of Austin divorce lawyers will be by your side during mediation, so you do not need to worry about giving up more than you wish.
- Litigation: If you cannot reach a compromise in mediation, going to court for litigation and trial might be necessary. Your attorney will advocate for you in court, using experience and knowledge to present your case.
Throughout the filing and negotiation process, clear communication and documentation with your divorce attorney in Austin are essential. This helps ensure all aspects of the divorce remain transparent and thoroughly addressed, reducing potential disputes. Understanding post-divorce financial planning and necessary adjustments can also be crucial for your financial stability moving forward.
Our team knows the process of working within the Travis County courts. Filings take place at the Travis County Civil & Family Courts Facility on Guadalupe Street, and each step is governed by both statewide guidelines and local procedures. From submitting the initial petition to scheduling hearings, our understanding of these requirements helps our clients avoid delays. We also advise on how changes in Travis County policy or local rules may affect your case, so you can plan ahead for every stage. If you are moving to Austin or are new to the area, we can clarify differences from other Texas counties so you can make confident decisions.
Fault & No-Fault Divorces in Texas
In Texas, you can file for a fault-based or no-fault divorce, depending on why you want to end your marriage. Our experienced Austin divorce lawyers can help you determine which option makes the most sense for your situation.
For a fault-based divorce, you must cite specific, legally recognized reasons for the divorce petition. This means you assert your spouse caused the end of your marriage.
Common fault grounds for divorce in Texas include:
- Adultery: You can file based on adultery if you can show the other spouse engaged in extramarital affairs during the marriage. Adultery may justify a fault-based divorce.
- Cruelty: If you can show that your spouse was cruel or abusive during the marriage, this can be grounds for a fault divorce. Cruelty includes both physical and emotional abuse.
- Felony Conviction: If your spouse is convicted of a felony and sentenced to at least one year in prison, you can file for divorce on the basis of a felony conviction.
- Abandonment: Abandonment applies if your spouse has left the marital home with the intent to abandon for at least one year.
- Living Apart: If you and your spouse have lived apart without cohabitation for at least three years, this can be grounds for divorce in Texas. While it is a no-fault ground, it differs from the standard no-fault divorce option.
In a no-fault divorce, you state that your marriage is irretrievably broken and that divorce benefits both parties. In this case, you do not blame your spouse but acknowledge that the marriage no longer serves either of you.
In many cases, filing for a no-fault divorce and switching to fault-based only if necessary is a strategic approach. This is because a fault-based filing may make your spouse defensive, delaying the process. Still, citing wrongdoing may help if you want the court to consider issues such as domestic violence and custody rights.
Choosing between fault-based and no-fault divorce requires careful consideration of your circumstances and the likely consequences for both parties. A fault-based approach may result in a larger share of marital assets or favorable terms, but it can also extend the proceedings. Understanding the nuances of both options will help you make an informed decision.
To schedule a consultation with our Austin team and receive the legal support you deserve, contact us online or via phone at (512) 548-8355.
Contested & Uncontested Divorces
Divorces in Texas can be contested or uncontested:
- Contested: A divorce is contested when the respondent does not agree to every term in the original divorce petition. Even a single point of disagreement makes the divorce contested.
- Uncontested: A divorce is uncontested when the respondent agrees to each term in the petition and is ready to proceed without changes.
Our Austin divorce lawyers assist with contested and uncontested divorces. In both situations, reviewing every term is critical for protecting your interests. If your divorce is contested, do not worry—a skilled divorce attorney can often help resolve disputes in mediation rather than litigation.
There are significant emotional and financial benefits to settling a divorce as uncontested. Even with cooperative settlements, legal guidance ensures every issue receives attention and documentation to prevent surprises later. For contested matters, your Austin divorce attorney can use negotiation and preparation to help you avoid the complexity of trial.
You may also encounter differences within Austin’s courts on how judges handle contested versus uncontested divorces. At the Travis County Civil & Family Courts Facility, uncontested divorces may conclude more quickly, often without a lengthy hearing. However, contested cases may involve several hearings and close review of child custody, property, and financial matters. Understanding these procedural distinctions lets clients set realistic expectations before the process begins. Our team can describe the likely steps for each case type and offer clarity so you feel prepared for each phase.
High-Asset Divorce Considerations in Austin
Divorces involving substantial wealth, valuable real estate, or complex investments require careful planning and a thorough review of marital and separate property. In Austin, the area’s growth in tech, energy, and creative industries means many couples bring startup shares, intellectual property rights, or crypto assets into divorce. These assets may need appraisal or professional opinions to establish valuation before division. Our attorneys remain informed about valuation strategies accepted by Travis County courts and collaborate with reliable financial professionals as needed.
Community property law in Texas requires an equitable division, but “equitable” does not always mean equal. Judges in Austin may consider factors such as business interests, career contributions, and disputes over separate property during negotiations. We manage confidential financial disclosures and recommend approaches that balance ongoing business operations with fair financial outcomes. High-asset divorces often use early mediation or alternative dispute resolution to give families privacy and more control over their financial details. Our firm’s experience with complex family and business structures in Austin helps protect clients’ long-term interests while adhering to local and state requirements.
Navigating High-Conflict Divorces
High-conflict divorces often involve serious disputes over assets, child custody, or allegations such as substance abuse, domestic violence, or neglect. Navigating these cases requires legal guidance, emotional strength, and strategic planning. In Austin, courts focus on the child's best interests, so high-conflict cases often require substantial evidence and may involve social services to ensure safety and fairness.
The Diggs & Sadler Difference A Tradition of Excellence
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A Team-Based ApproachWhen you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
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Always Prepared for TrialOur attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
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Strategic RepresentationEach case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
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We Put Clients FirstAt our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.
Austin Divorce FAQ
How Long Do Divorces Take to Finalize in Austin?
No concrete answer exists for exactly how long a divorce will take in Austin, as every case differs. Some divorces may conclude in a few months, while others last more than a year. The timeline depends on factors such as fault, contested issues, child custody, and whether both spouses cooperate throughout the process.
Legal processes like discovery and the required waiting period influence the court schedule. Timely resolution relies on proactive communication and effective negotiation between parties to minimize drawn-out disputes.
Is Filing for Divorce Expensive?
The average divorce may cost several thousand dollars. The total cost depends on the specifics of your case and the amount of legal counsel required. The more complex the divorce, the more involved your Austin divorce attorney will be, especially if your case proceeds to court. Court-related fees may add to costs for divorces requiring litigation.
Legal fees are significant, but you should also budget for other costs, such as expert consultations, appraisals, or counseling services that can arise during legal proceedings. Planning your finances before filing helps prevent financial strain later.
Does Texas Recognize Common-Law Marriage?
Texas recognizes common-law marriage as a valid way to marry. Typically, two people can marry through common law if they agree to be married, cohabit, present themselves as married to the public, and fulfill other legal requirements. People in a common-law marriage can also seek a divorce, just like with traditional marriage.
Knowing common-law marriage is legally recognized is important for property division, as it brings the same rights and obligations as a formal marriage. Understanding these details protects both parties' interests during separation.
Do I Have to Go to Court for a Divorce?
You can sometimes finalize a divorce outside of court if both parties agree on all issues, but many cases require at least one court appearance, especially when disputes exist.
Alternative dispute resolution methods such as mediation or collaborative law are increasingly popular, as they allow parties to settle without traditional court proceedings. These approaches encourage cooperation and often result in more amicable resolutions.
In some uncontested divorces, one party may still need to appear at a final hearing. However, mediation and collaborative divorce offer another path to resolve conflicts outside the courtroom.
What Is the Process for Determining Child Custody in Texas?
In Texas, child custody is called “conservatorship.” Courts focus on the child's best interests when deciding custody. Factors include each parent’s role in the child's life, the child’s preferences if age 12 or older, and each parent’s ability to support the child's needs. Joint custody may be possible, but the court can grant sole custody if that serves the child's best interests.
Understanding the details of conservatorship proceedings can shape the outcome for your child. Prepare for hearings by gathering records of your involvement, schedules, and communications that show your role in your child’s well-being.
Can I Get Spousal Support in a Divorce in Texas?
Texas allows spousal support in limited situations. One spouse must demonstrate financial need and satisfy certain criteria, such as being married for at least 10 years and unable to meet reasonable minimum needs. The court may also award spousal support if the spouse requesting it has a disability, cares for a disabled child, or if the other spouse was convicted of family violence.
Spousal support is determined by financial necessity and each spouse’s contributions to the marriage, including homemaking or supporting a spouse’s education or career. Considering these points leads to a fair review of need and eligibility.
Can I Modify My Divorce Order After Finalization?
Yes, if there is a significant change in circumstances, you may modify certain divorce decree elements like child custody, support, or spousal support. Changes like a new job, relocation, or shifts in a child's needs might qualify. Typically, however, property division remains final and is not subject to modification after the divorce.
To modify your decree, you need substantial documentation of changed circumstances. Careful legal support ensures you present a strong petition for any updates to the original terms.
What Is the Cost of Getting a Divorce?
Divorce costs vary by complexity and whether issues are contested. Filing fees range from $300 to $400, and attorney fees increase if you have disputes about custody or property. Uncontested divorces cost less, particularly if the parties can reach an agreement without extended legal intervention.
When preparing for divorce, consider both direct expenses and the possible impact on your finances. You may need a new housing setup, tax planning, or long-term financial adjustments after divorce.
Can I Represent Myself in a Divorce?
Texas law allows you to represent yourself, called proceeding “pro se.” However, this is best suited for simple, uncontested divorces with no children or major assets. Divorce law can be complicated, and small mistakes in paperwork or strategy can create lasting consequences. Most people choose to work with an attorney for support and guidance.
Contact Our Austin Divorce Attorneys Today
Divorce should not feel so intimidating that you avoid filing a divorce petition or neglect to consider important terms. With the support of our Austin divorce attorneys, you can see that divorce creates a path toward a brighter future for your family. Let us know your situation and your goals, and we can help you determine the next steps.
Understanding the legal process does not have to feel overwhelming. We work to clarify each stage of divorce so you can make informed decisions. Our role is to represent you in legal matters and offer the support and guidance you need. Through open communication and strategic insights from your divorce lawyer in Austin, we strive to reduce anxiety and build confidence in the path forward for your private and family life.
We have supported clients throughout the Austin area, handling a broad range of divorce and family law matters in the local courts. Our attorneys stay informed about changes to Travis County filing requirements and guide clients through local differences, from electronic submissions to preferred scheduling practices. Whether you reside in downtown Austin, South Congress, or the surrounding neighborhoods, our team knows the details of divorce proceedings in this city and stands ready to advise you with care and attention.
Resolving Divorce Through Mediation in Austin
Mediation gives divorcing couples in Travis County a chance to resolve disputes outside the formal courtroom setting. Austin judges often refer cases to mediation, particularly when child custody or property division issues remain. Mediation allows both parties to collaborate and find solutions in a confidential, neutral environment. Unlike the rigid schedule of a trial, mediation offers flexibility and can move at a pace that suits both participants. This process often reduces emotional strain, saving time and expense for families who wish to maintain more control over their agreements.
Our attorneys help clients prepare for mediation by reviewing all required documents, clarifying your goals, and anticipating possible areas of disagreement. We explain the local expectations for mediation outlined by Travis County courts and coach clients on how to communicate effectively at the table. While not every case settles at mediation, many families appreciate having one final attempt to resolve the issues through negotiation before relying on a judge’s orders. The experience also encourages problem-solving skills that often support co-parenting relationships after divorce.
Need an experienced Austin divorce lawyer to guide you through this challenging time? Contact us today for a consultation!
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