Find The Best Divorce Lawyer In Austin, TX (November 2024)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • The Texas divorce process requires a 60-day waiting period
  • Choose an Austin divorce lawyer experienced in community property division
  • Divorce costs vary widely; mediation can reduce expenses

Both new and longtime residents of Austin value the city’s thriving art and cultural scene, food, subtropical climate, outdoor activities, great economy and good schools. However, as you and your family change and grow, you might one day need an Austin divorce lawyer.

When that time comes, picking the right lawyer matters. You want someone who's seen it all before. And that's where we come in. At ConsumerShield, we connect people with the right lawyer for their situations. We've vetted the top divorce attorneys in Austin so that you don't have to.

In this guide, we'll cover the following:

  • Typical costs for an Austin divorce lawyer
  • How to choose the best attorney for your case
  • Average divorce settlements in the area
  • The process of filing for divorce in Texas
  • How divorce cases typically unfold in Austin courts
  • Common types of divorce cases we see

Let's dive in.

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How Much Does a Divorce Lawyer Cost in Austin, TX?

How much does a divorce cost in Austin? Attorney fees can vary widely. For a simple, uncontested divorce, you might pay $2,000 to $5,000 in legal fees. But a high-asset, high-conflict divorce could easily cost $50,000 or more.

Most Austin divorce lawyers charge hourly rates between $200 and $500, while some offer flat-fee packages for uncontested divorces. The total cost depends on factors like:

  • How much conflict exists between you and your spouse
  • Whether you have complicated assets and debts
  • Whether you have children
  • Whether your case goes to trial

One way to keep costs down is mediation. Austin has some great divorce mediators who can help you and your spouse reach an agreement outside of court.

How to Hire an Austin, TX, Divorce Attorney

Choosing the right divorce lawyer is crucial. Here are some tips:

  • If you have a high-net-worth divorce, find someone who specializes in those.
  • Interview multiple lawyers.
  • Check each attorney’s track record.
  • Discuss strategy—a good Austin divorce lawyer should outline a game plan for you.
  • Consider personality fit.
  • Ask the lawyer how they plan to keep costs manageable.

In a divorce, the stakes are high. It's worth paying for quality representation.

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Average Divorce Settlement in Austin, TX

Every case is unique, but we can look at some common scenarios.

Child support is a factor in many divorces. Texas courts use the noncustodial parent’s income to calculate child support. For example, a noncustodial parent who makes $5,000 per month might pay around $1,000 monthly in support for one child.

For a childless couple with modest assets, settlements typically include the division of bank accounts, cars and household items. Spousal support (alimony), on the other hand, is less common in Texas. Spouses whose marriages lasted longer than 10 years or who divorce under certain special circumstances may ask for alimony.

The biggest divorce settlement in the U.S. involved business magnate Jeff Bezos, who paid $36 billion to ex-wife MacKenzie Scott.

Although not many Austin divorce settlements reach into the billions, the city has no shortage of tech millionaires and successful entrepreneurs. Divorces among high-net-worth Austinites may involve complicated divisions of stock options, businesses and real estate.

Filing a Divorce in Texas

There’s much more to learn about how to file for divorce in Texas. For example, at least one spouse must have lived in the state for six months and in the county where you're filing for 90 days.

Texas allows both no-fault and fault divorces. Most people choose no-fault, citing irreconcilable differences. Fault grounds include adultery, cruelty and abandonment.

You can expect to follow these steps when filing for divorce in Austin:

  • File an Original Petition for Divorce with the Travis County District Clerk.
  • Pay the filing fee, which is currently $350.
  • Serve your spouse with divorce papers.
  • Wait at least 60 days; Texas has a mandatory waiting period.
  • Negotiate a settlement or prepare for trial.
  • Attend a final hearing to have a judge approve your divorce.

If you and your spouse agree on everything, you can file an uncontested divorce. This is faster and cheaper than a contested divorce. However, if you don’t consult a lawyer before signing your divorce papers, you could end up with less than you deserve.

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How Does a Divorce Work in Austin, Texas?

Here's how a typical contested Austin divorce case unfolds:

  • Temporary Orders: These orders may cover things like who lives in the house and pays bills during the divorce process.
  • Discovery: Both sides exchange financial information and other relevant documents.
  • Negotiation: Lawyers attempt to hammer out a settlement agreement, which often involves back-and-forth proposals.
  • Mediation: Spouses generally try mediation when negotiations stall.
  • Trial Prep: If you can't reach an agreement, your lawyer will prepare for trial.
  • Trial: A judge will hear both sides and make rulings on property division, custody and support.
  • Final Decree: The judge signs off on the final divorce terms, making it official.

Most Austin divorces settle before trial. Going to court is expensive and unpredictable, so good lawyers push for fair settlements when possible.

Types of Divorce Cases in Austin, Texas

While there are many reasons for divorce, we see some common types in Austin:

  • High-Asset Divorces: With Austin's booming tech scene, we see many divorces involving complex compensation like stock options and RSUs.
  • Business Owner Divorces: Splitting up a family business adds another layer of complexity.
  • Military Divorces: Austin's proximity to Fort Hood means that we see many military divorce cases.
  • Same-Sex Divorces: Since 2015, these have followed the same legal process as opposite-sex divorces.
  • Gray Divorces: Divorces among couples over 50 may involve retirement asset division.
  • Divorces With Child Custody Issues: These tend to be the most emotionally charged cases.

Each type of divorce requires a different approach. That's why it's crucial to find a lawyer experienced in your specific situation.

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Contact ConsumerShield for Guidance on Austin Divorce Lawyers

If you want to set yourself up to thrive after your divorce, you should clearly understand your legal rights. At ConsumerShield, we provide that clarity, along with connections to legal counsel. Contact us for a free case review.

Frequently Asked Questions

  • Texas has a minimum waiting period of 60 days. Simple, uncontested divorces might wrap up in a few months. Complex cases can take a year or more.

  • Texas is a community property state, which means that each spouse has equal ownership of assets acquired during a marriage. However, judges have discretion to deviate from a 50/50 split of assets if the division is "just and right."

  • While you can file pro se (without a lawyer), it's rarely a good idea. A good lawyer knows how to protect your rights and could save you money in the long run.

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