Williamson County, TX · Free Consultation
Leander, TX Contested Divorce Lawyer
What Our Clients Say
Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated September 2026
Texas lets you end a marriage without blaming anyone, and most people should. But fault still exists in the statute, and it occasionally moves money. Knowing which of those is true in your case is most of what a Leander contested divorce lawyer is for early on. Shane M. Boasberg has been licensed in Texas since 2003 and gives that assessment himself.
Leander’s fast-growing young families often bring contested divorces centered on a recently purchased home and the parenting schedule, where strategy about fault and finances goes hand in hand.
Where a Leander contested divorce is filed
Leander sits mostly in Williamson County with part of the city reaching into Travis, so most petitions go to the Williamson County District Clerk in Georgetown. The county line runs through the city, so we confirm the venue for your address before anything is filed.
Tex. Fam. Code § 6.301 sets the threshold: one spouse must have been a Texas resident for the preceding six months and a resident of the filing county for the preceding ninety days. In a city where a large share of residents arrived in the last few years, that ninety-day county requirement comes up more often than you would think.
No-fault, fault, and why the choice is strategic
Texas allows divorce on the ground of insupportability under Tex. Fam. Code § 6.001, which is the no-fault option. It requires no wrongdoing, no agreement, and no proof beyond discord that has destroyed the marriage. Most Texas divorces are granted on this ground and should be.
The fault grounds are still in the code. Cruelty under § 6.002. Adultery under § 6.003. Abandonment under § 6.005, which requires leaving with intent to abandon and remaining away for at least one year. Conviction of a felony and confinement for a year is another under § 6.004.
Raising fault matters because § 7.001 asks for a division that is just and right rather than equal, and a court may weigh fault in the breakup when dividing the estate. Proven adultery can also bear on spousal maintenance.
When pleading fault is worth it, and when it is not
We will say the unpopular thing plainly, because it saves people money.
Fault is worth pleading when it is provable, when it moved community money — an affair funded from the joint account is a specific, documentable claim — or when the conduct itself created the disparity a court is being asked to correct. In those cases fault is not vengeance; it is evidence.
Fault is not worth pleading when the proof is a feeling, when the marriage was going to end regardless, or when pursuing it triples the discovery bill to move a division from fifty-fifty to fifty-five forty-five on a modest estate. We have watched people spend more proving an affair than the finding was ever going to earn them. A cheating spouse deserves worse than they will get from a Texas court, and the honest advice is usually to take the deal and keep the money.
The debt on the house
In Leander a lot of contested divorces involve a home bought within the last few years, and that changes the shape of the property fight. When there is little equity, or none, the argument is about liability rather than assets.
The critical thing to understand: a decree ordering your spouse to pay the mortgage does not bind the lender. If both names are on the note and your ex stops paying, the bank comes to you and reports to your credit. The decree gives you a claim against your ex, not a defense against the bank. That is why the practical answer to a jointly financed house is usually sale or refinance rather than a promise, and why the deadline for that refinance belongs in the decree with teeth on it.
The sixty-day floor
Under § 6.702 no divorce is granted until sixty days after the petition is filed, with a narrow exception for cases involving a protective order or a family-violence conviction. A contested Leander case with property or custody disputes commonly runs six months to a year.
What will this actually cost?
Our divorce cost calculator walks through the factors that drive a Texas divorce bill and gives you a realistic range before you commit to anything.
Try the Texas Divorce Cost CalculatorWorking with us from Leander
Our office is roughly 22 miles southeast in downtown Austin. We default to phone and video for Leander clients and meet in person when it helps.
At SMB Law, PC you work with Shane M. Boasberg directly. He has been licensed in Texas since 2003 and has spent those years in Central Texas family courts. You get his read on your case in plain English, including the parts you may not want to hear.
Why clients choose SMB Law, PC
- Direct attorney access — you talk to Shane, not a call center or a rotating case manager.
- Straight answers about cost — if a position will cost more to litigate than it is worth, we say so before you spend the money.
- Settlement where it serves you, trial where it does not — most of these resolve at mediation, and the cases that should be tried get tried.
- Fees in writing — the rate and the retainer, explained before you sign.
What working with us looks like
- Confidential consultation to understand your goals and the law that applies.
- Strategy and records tailored to your situation.
- Negotiation or court — we settle when we can and litigate when we must.
- Resolution implemented correctly so you can move on.
Divorce in Leander touches many issues at once — we also represent clients in an uncontested filing, protecting significant assets, and parenting and custody rights, and our contested divorce lawyers in Austin can walk you through your options.
Frequently asked questions
Do I have to prove fault to get divorced?
No. Tex. Fam. Code § 6.001 allows divorce on the ground of insupportability, which requires no wrongdoing and no agreement from your spouse. Fault grounds remain available and are worth raising when they are provable and when they would actually change the division. Most Texas divorces are granted no-fault.
Can my spouse refuse to let the divorce happen?
No. A spouse who will not sign can make a case slower and more expensive, but cannot prevent it. If they refuse to respond at all after being properly served, the case proceeds by default. Silence is not a veto.
My spouse is supposed to pay the mortgage under our decree and stopped. Now what?
Two separate problems. Against your ex you have an enforcement action, because the decree is a court order. Against the lender you have very little, because a divorce decree does not release you from a note you signed. The bank can pursue you and report the delinquency on your credit regardless of what the decree says. This is exactly why a refinance or sale deadline, with a consequence attached, belongs in the decree in the first place.
What does a contested divorce cost in Leander?
Family cases are billed hourly against a retainer. What drives the total is how much you and your spouse disagree, and for how long. A case that settles at mediation costs a fraction of one that is tried. The rate and retainer go in writing before you commit, and we will tell you when a position is not worth what it will cost to hold.
Do I have to travel to Austin from Leander?
No. Our office is about twenty-two miles southeast, and we handle Leander consultations and case updates by phone and video whenever that is easier for you.
A contested divorce is a negotiation with a courtroom behind it, and the best outcomes usually come from deciding early which fights are worth having. If you are considering filing, or you have just been served, the most useful thing you can do this week is get an honest read on where you stand. Call SMB Law, PC at (512) 561-5003 for a free and confidential consultation.