How is spousal maintenance awarded in Texas?

Texas allows spousal maintenance in limited situations, such as disability, caring for a disabled child, or a marriage of 10 or more years. Amount and duration are restricted by state law.

Austin Family Law &
Personal Injury Attorneys

Q: How long does a divorce take in Texas?

Texas has a mandatory 60-day waiting period from the date the petition is filed. Contested divorces involving custody or property disputes can take several months or longer depending on complexity and the court schedule.

Q: Do I need to prove fault to get a divorce in Texas?

No. Texas is a no-fault divorce state, so you do not have to prove wrongdoing to file. Fault grounds such as adultery or cruelty may still affect property division or spousal support.

Q: How is property divided in a Texas divorce?

Texas follows community property laws. Courts aim for a just and right division, which does not always mean a strict 50/50 split. The outcome depends on factors like income, health, and contributions to the marriage.

Q: Who gets custody of the children in a Texas divorce?

Texas law prefers joint managing conservatorship, meaning both parents share rights and responsibilities. Custody arrangements are based on the best interest of the child.

Q: How is child support calculated in Texas?

Child support is typically based on the noncustodial parent’s net income and the number of children: 20% of net income for one child, 25% for two, increasing with more children up to legal caps.

Q: Can child custody orders be modified in Texas?

Yes. If there has been a material and substantial change in circumstances, such as relocation or safety concerns, you can request a modification. Courts evaluate whether the change is in the child’s best interest.

Q: What is the difference between legal separation and divorce in Texas?

Texas does not recognize legal separation. Couples may live apart under temporary orders, but only a final divorce decree legally ends the marriage.

Q: What happens if my spouse won’t sign divorce papers in Texas?

You can still proceed with a contested divorce. The court can rule on property, custody, and support after hearings and evidence are presented.

Compassionate, Experienced, and Local Legal Support for Your Family’s Future

Proudly serving Austin and Central Texas, including Travis, Williamson, and Hays counties.

Austin Divorce & Family Law Attorneys Focused on Your Future

When your family is in crisis, you don’t just need “a lawyer.” You need someone who actually listens, explains things in plain English, and helps you make smart decisions when emotions are running high. At SMB Law, PC, we guide Austin and Central Texas families through divorce, custody, and other family law issues with a blend of strategic thinking, local insight, and genuine compassion.

Whether you’re just starting to think about divorce, worried about what will happen with your kids, or stuck in a dispute that’s already turned ugly, our job is to give you a plan, not more stress. We’ll walk you through your options, talk honestly about risks and possible outcomes, and stand beside you while you protect what matters most: your children, your home, and your future.

If divorce is the question in front of you, start with our Austin divorce lawyer page. It walks through the Travis County process, what a divorce costs, and how custody and property get decided.

We represent clients across the greater Austin area, including Travis, Williamson, and Hays Counties: Austin, Round Rock, Cedar Park, Georgetown, Pflugerville, Buda, Kyle, San Marcos, and nearby communities. If your family is in the middle of a major change, you don’t have to go through it alone.

Why Austin Families Choose SMB Law, PC

Deep Focus on Texas Divorce & Family Law

Family law isn’t a side project here. It’s the core of what we do. SMB Law, PC focuses on Texas family law cases, including divorce, child custody, child support, property division, spousal maintenance, and related issues.

That focus means we stay current on the Texas Family Code, local court procedures, and the way judges in Travis, Williamson, and Hays Counties tend to approach family law cases.

Instead of spreading our attention across unrelated areas, we invest our time in learning what really works for families here in Central Texas and applying that knowledge to your case.

Local Knowledge of Austin Courts & Culture

Family law in Austin isn’t just about statutes. It’s about how those laws are applied on the ground. We understand how local courts handle temporary orders, mediation, final trials, and post-judgment enforcement.

We’re familiar with local expectations about parenting plans, property settlements, and practical realities like traffic, school zones, and co-parenting across different parts of town.

This local insight helps us set realistic expectations, avoid unpleasant surprises, and tailor your strategy to how things actually work here, not how they look in a textbook.

Straightforward, Honest Communication

You shouldn’t have to guess what’s going on in your own case. From your first consultation through final orders, we explain what’s happening, what your options are, and what we recommend, in clear, direct language.

If something isn’t realistic, we’ll say so. If you’re about to make a choice that could hurt you down the road, we’ll tell you that too.

You’ll always know:

What stage your case is in
What your next decision point is
What we’re doing to move things forward

Strategy That Fits Your Life — Not a Cookie-Cutter Plan

Some cases require firm, aggressive litigation. Others call for a calm, low-conflict approach. Many fall somewhere in between. We don’t push every client into the same model. Instead.

Learn your goals and your risk tolerance
Identify the issues that matter most to you
Recommend whether negotiation, mediation, or litigation is the best path
Adjust the strategy as your case and life evolve

We’re not here to create drama for its own sake. We’re here to help you get to a workable, durable outcome that lets you move forward.

Respect, Compassion, and Privacy

Divorce and family law issues can be embarrassing, stressful, and deeply personal. We respect your privacy and handle sensitive details carefully. We know you may be dealing with complicated emotions: anger, fear, guilt, relief, or all of the above.

We provide a professional, judgment-free space where you can talk openly, ask questions, and get honest feedback.

Transparent Fees & Practical Advice

We know legal fees are a real concern. During your consultation, we’ll explain how we bill, what to expect in terms of retainer and hourly work, and how you can help control your costs.

We’ll also be candid about whether a particular fight is worth the money, time, and emotional impact, or whether a smarter, more efficient solution is available.

Scales of justice beside the phrase “Focused Family Law Experience”
- “Icon of balanced scales representing experienced Austin family law attorneys.”
Outline of parents and child beside the phrase “Child-Centered Representation.”
- “Icon of parents and child representing child-focused custody and support advocacy.”
Map pin over a simple Texas/Austin outline next to the phrase “Local to Central Texas.”
- “Icon of Texas map with a pin over Austin showing local family law focus.”

Meet the Divorce & Family Attorney Behind SMB Law, PC

Decades of Experience Advocating for Austin, TX Families

Founding attorney Shane M. Boasberg has been helping Texans navigate tough legal situations for more than two decades. After earning his undergraduate degrees from the University of Texas at Austin, he earned his law degree from South Texas College of Law in Houston. Over the years, he has worked in a variety of legal roles, from clerkships and litigation positions to serving as government counsel, before focusing his practice on representing Central Texas families and individuals.

Today, SMB Law, PC brings together that range of experience to help clients handle divorce, custody, and other family disputes with a blend of legal knowledge, practical sense, and clear communication.

You’ll work directly with an attorney who:

Austin Family Law Services at SMB Law, PC

Family law rarely fits neatly into one box. You may start with divorce and quickly need help with temporary orders, property division, child support, or enforcement of existing orders. We handle a broad range of family law issues so you have one trusted point of contact as your situation evolves.

What It’s Like to Work With Austin Divorce Lawyers

Step 01. Confidential Consultation

We start with a confidential consultation where we:

Listen to your story, your concerns, and your goals
Ask focused questions about your family, finances, and current orders (if any)
Explain the legal framework that applies to your situation
Outline possible paths forward and what each might involve
Discuss fees and what to expect if you decide to move forward

By the time you leave, you should have a clearer sense of where you stand and how we can help.

Step 02. Strategy & Information Gathering

If you choose to work with us, we map out a strategy tailored to your case. This often includes:

We’ll give you a clear checklist so you know exactly what to provide and what we’re doing behind the scenes.

Step 03. Negotiation, Mediation, or Collaborative Efforts

Most cases resolve through some form of agreement. We’re skilled at negotiating and representing clients in mediation, which is often faster, more private, and more cost-effective than trial. We help you:

Step 04. Litigation When Necessary

When the other side is unreasonable, abusive, or simply won’t engage in good-faith negotiation, we’re prepared to go to court. In those situations, we:

Step 05. Long-Term Support and Follow-Through

Even after orders are signed, life keeps changing. We’re here as a long-term resource for questions, modifications, or enforcement issues. Our goal is not just to “close a file,” but to help you build a more stable next chapter.

Step 06. Resolution

Our goal is a clear, durable resolution, whether that comes through a negotiated settlement, a mediated agreement, or a final court ruling. When your case reaches the finish line, we make sure the outcome is not just “done,” but implemented correctly so you can move forward with confidence.

How We Approach Family Law in Austin

We know that family law cases are not just legal disputes; they are life events. That’s why we pair compassion with clear, strategic guidance. We help you focus on the bigger picture while we handle the legal complexities, allowing you to make decisions that support your long-term well-being.

The legal process can be confusing and intimidating. At SMB Law, we make it a priority to explain your rights, options, and obligations in plain language. We provide regular updates and encourage open communication so that you’re never left wondering what’s happening with your case.

While many cases can be resolved through negotiation, some require courtroom advocacy. Our team is experienced in trial litigation and knows how to build persuasive cases backed by evidence. If your matter goes before a judge, we are prepared to fight for you.

Family Law Firm That Puts Your Family First

Led by Shane M. Boasberg, licensed since 2003 and founder of SMB Law, PC in 2010, our firm has over two decades of experience securing just outcomes for Central Texans. Shane earned peer recognition as a Texas Monthly Rising Star in 2012, 2014 & 2016, placing him in the top 2.5% of attorneys statewide.

SMB Law, PC focuses its practice on representing clients primarily in Travis, Williamson, and Hays counties. Operating blocks from Travis County Civil and Family Courthouse, SMB Law, PC serves clients across Central Texas, including but not limited to Austin, Georgetown, and San Marcos in Travis, Williamson, and Hays counties.

You’re treated as a person, not a case. From initial consultation to resolution, we prioritize your values, goals, and peace of mind. Unlike high-volume “mills,” our firm takes time to listen, craft custom strategies, and keep you involved every step of the way.

Open communication, clear fee structures, and a focused strategy minimize stress as you pursue your best outcome. All terms are fully disclosed and explained before you commit.

Serving Austin & Central Texas Families

We are based in Austin and serve clients in communities across Central Texas, including:

Austin, West Lake Hills, Lakeway, Bee Cave, and surrounding areas
Round Rock, Cedar Park, Leander, Georgetown, and Hutto
Pflugerville, Manor, and nearby suburbs
Buda, Kyle, and San Marcos
Other areas within Travis, Williamson, and Hays Counties

We can meet in person at the office at your convenience, and we also offer phone and video consultations for clients who prefer to avoid traffic or live outside the immediate metro area.

Practical Tips If You’re Considering Divorce or a Custody Case

Don't panic — get informed

Talking to a lawyer early doesn't mean you're committed to filing anything. It just means you're getting clarity.

Gather documents now, if it's safe

Tax returns, pay stubs, bank and retirement statements, property records, and any existing court orders are helpful.

Watch what you post online

Social media screenshots can show up in court. Assume anything you share might be read by a judge someday.

Keep a simple timeline or journal

Note important events related to the kids, finances, or safety concerns. Details fade over time; your notes won't.

Take care of yourself

Counseling, support groups, and honest conversations with trusted friends or family can make a huge difference.

Ask questions

If you don't understand something, ask. You're not expected to know how family court works — that's what we're here for.

FAQ on Family & Divorce Law

How long does a divorce take in Texas?

In Texas, there is a mandatory 60-day waiting period from the date the petition is filed. However, contested divorces, especially those involving custody or property disputes, can take several months or longer depending on the complexity of the case and the court’s schedule.

Do I need to prove fault to get a divorce in Texas?

No. Texas is a “no-fault” divorce state, which means you don’t have to prove wrongdoing by your spouse to file. That said, fault grounds such as adultery or cruelty may affect issues like property division or spousal support.

How is property divided in a Texas divorce?

Texas follows community property laws, meaning most assets and debts acquired during the marriage are considered marital property. Courts aim for a “just and right” division, which doesn’t always mean a strict 50/50 split; it depends on factors like income, health, and contributions to the marriage.

Who gets custody of the children in a Texas divorce?

Texas law prefers joint managing conservatorship, meaning both parents share rights and responsibilities. However, custody arrangements are based on the best interest of the child, considering factors like stability, safety, and each parent’s ability to provide.

How is child support calculated in Texas?

Child support is typically based on the noncustodial parent’s net income and the number of children. For example, support for one child is 20% of net income, two children is 25%, and it increases with more children, up to legal caps.

Can child custody orders be modified in Texas?

Yes. If there’s been a material and substantial change in circumstances (such as relocation, job changes, or concerns about the child’s safety), you can request a modification of the Court Orders. Courts always evaluate whether the change is in the child’s best interest.

What is the difference between legal separation and divorce in Texas?

Unlike some states, Texas does not recognize legal separation. You are either married or divorced. Couples may live apart under temporary orders, but only a final divorce decree legally ends the marriage.

What rights do grandparents have in Texas custody cases?

Grandparents may petition for visitation or custody in limited circumstances, such as when a parent is unfit or the child has lived with the grandparent. Courts carefully weigh these cases, always prioritizing the child’s well-being.

What happens if my spouse won’t sign divorce papers in Texas?

If your spouse refuses to sign, you can still proceed with a contested divorce. The court can make rulings on property, custody, and support after hearings and evidence are presented.

How is alimony (spousal maintenance) awarded in Texas?

Texas allows spousal maintenance in limited situations, such as when one spouse cannot meet basic needs due to disability, caring for a disabled child, or a long marriage (10+ years). The amount and duration are restricted by state law.

Google Reviews

      EXCELLENT  
   Based on 41 reviews 
    
 
 
 
   
 
 
       Posted on Google  
   
   Carol Peters 
 
 
 
 Trustindex verifies that the original source of the review is Google. SMB Law, PC provided a professional and welcoming experience when I needed advice about divorce-related legal matters. The attorney took time to understand my concerns and explained the process, potential considerations, and necessary documentation. I appreciated the straightforward communication and practical guidance. The consultation helped me feel better informed about the decisions I needed to consider moving forward.

Owner's reply
Carol, thank you so much for he kind words. We really appreciated you as a client.
  
 
      Posted on Google  
   
   Harry Kerr 
 
 
 
 Trustindex verifies that the original source of the review is Google. I had a positive experience with SMB Law, PC while seeking guidance on a family law matter in Austin. The attorney explained the legal process clearly, answered my questions patiently, and helped me understand the options available. Communication was professional throughout, and I appreciated the time taken to address my concerns. It was reassuring to have knowledgeable legal guidance during a stressful situation.

Owner's reply
Thank you so much for the great review. We appreciate the appreciation.
  
 
      Posted on Google  
   
   Stephanie Edmunds 
 
 
 
 Trustindex verifies that the original source of the review is Google. After dealing with a personal injury situation, I wanted to understand my legal options and what steps I could take next. The legal team provided helpful information, explained the process clearly, and made sure my questions were addressed. I appreciated their professional attitude and attention to detail throughout the consultation. Having a better understanding of my options made the situation feel more manageable.

Owner's reply
Thank you so much!
  
 
      Posted on Google  
   
   Victoria Marshall 
 
 
 
 Trustindex verifies that the original source of the review is Google. Going through a divorce can be emotionally challenging, so having clear legal information makes a real difference. The lawyer I consulted was professional, attentive, and understanding of the sensitive nature of my situation. They explained the paperwork and important steps in straightforward language. I appreciated the respectful communication and the effort to make a complicated process easier to understand.

Owner's reply
Thank you. We really appreciate the great review.
  
 
      Posted on Google  
   
   Anthony Bailey 
 
 
 
 Trustindex verifies that the original source of the review is Google. I needed legal guidance regarding a family matter, and the consultation was informative from beginning to end. The attorney listened carefully, explained the relevant legal considerations, and answered my questions without making me feel rushed. Everything was discussed in a clear and organized manner. I would recommend this firm to anyone in Austin looking for professional family law guidance.

Owner's reply
Anthony, thank you for the kind words.
  
 
      Posted on Google  
   
   Aleksey S 
 
 
 
 Trustindex verifies that the original source of the review is Google. I've known Shane for five years, and throughout that time, he has consistently demonstrated exceptional tenacity, diligence, and thoroughness as counsel. He is an excellent attorney -- one I would trust with my most serious matters. I would recommend him to friends and family without hesitation, and I strongly encourage anyone seeking a dedicated advocate to retain his services. He is a winner.

Owner's reply
Aleksey, Thank you very much for the thoughtful review. It has been a pleasure to represent you twice over the last five years and consider you a friend. I really appreciated the kind words. Hopefully, this will be the last time I'm representing you:-)
  
 
      Posted on Google  
   
   Steven Pride 
 
 
 
 Trustindex verifies that the original source of the review is Google. Shane and his team handled my case with professionalism, honesty, and genuine dedication. They worked hard to make sure everything was handled in my best interest. They even helped coordinate the medical care I needed and kept me informed throughout the entire process. I was very satisfied with both their service and the final outcome.

Owner's reply
Thank you Steven! I really appreciate the positive review, You know where to find me if you need anything else.
  
 
      Posted on Google  
   
   Trevor Woodfield 
 
 
 
 Trustindex verifies that the original source of the review is Google. Shane was great! He gave me a lot of practical and thoughtful advice during our time together. Definitely recommend.

Owner's reply
Trevor, It was a pleasure speaking to you this morning. You know where to find me if you need anything. Best of luck!
  
 
      Posted on Google  
   
   Julia Ginman 
 
 
 
 Trustindex verifies that the original source of the review is Google. SMB Law and Shane Boasberg were awesome to work with.  My friend was involved in a nasty divorce and was looking for a divorce lawyer in Austin when she was referred to Shane by a friend.  Shane was incredible easy to work with and always seemed to be on top of the case.  If you’re looking for tough, aggressive divorce attorney, look no further.  I highly recommend SMB Law!

Owner's reply
Thank you for the kind words! We always aim to strive to take care of our clients. Please feel free to reach out of you need anything.
  
 
      Posted on Google  
   
   Angela Edwards 
 
 
 
 Trustindex verifies that the original source of the review is Google. SMB Law, PC is the best law firm for divorce and child custody cases. Shane Boasberg is an amazing attorney who is knowledgeable, compassionate, and deeply committed to his clients. He takes the time to understand my situation and works to achieve the most favorable outcome. The entire team is professional, responsive, and highly skilled. If you're looking for a firm that genuinely cares and gives results, I highly recommend them.

Owner's reply
Angela, Thank you for the kind words. You were a great client and I appreciate the chance at representing you as an Austin divorce lawyer. Please feel free to contact me if you need anything again.