Travis County, TX · Free Consultation
Lakeway, TX Contested Divorce Lawyer
In a contested divorce, few issues are fought over harder than who gets what. Texas is a community property state, and how that rule is applied can shape your financial future. SMB Law, PC protects what is rightfully yours in a Lakeway divorce.
Lakeway households often hold significant assets — homes, retirement accounts, and investments — which makes a correct property characterization and division especially consequential here.
Where a Lakeway contested divorce is filed
Lakeway is in Travis County, so a divorce is filed with the Travis County District Clerk at the Civil and Family Courthouse on Guadalupe Street in Austin, once the residency requirements are met. A 60-day waiting period applies before finalizing.
Community property and a ‘just and right’ division
Texas law presumes that property acquired during the marriage is community property owned by both spouses, while property owned before marriage or received by gift or inheritance is separate property that stays with the owning spouse. In a contested divorce, the court divides the community estate in a manner that is just and right — which does not automatically mean 50/50. A judge can award an unequal share based on factors like each spouse’s earning capacity, fault in the breakup, who has the children, and the size of each separate estate. The most important early work is characterization: proving what is community and what is separate, since commingled accounts and appreciated assets can blur the line. We build the tracing and valuation a Lakeway property fight requires so your share reflects the law, not the other side’s wishful accounting.
Characterization and valuation win property cases
A Lakeway property division is usually won in the details of characterization and valuation, not in a courtroom speech. A house bought before marriage but paid down with community income, a retirement account that grew throughout the marriage, a business started along the way, an inheritance deposited into a joint account — each raises a community-versus-separate question that can move large sums. We reconstruct the financial history, trace separate property through commingled accounts, and value the marital estate accurately, bringing in appraisers or forensic accountants where the assets warrant it. That groundwork is what lets us argue credibly for a just-and-right division that protects your interests, and it is exactly the work an under-prepared spouse skips — usually to their cost.
Experienced advocacy when a divorce turns adversarial
A contested divorce is one of the hardest things a person goes through, and it rewards a steady, experienced hand. You work directly with attorney Shane M. Boasberg, who has represented Texans for more than two decades and has been licensed by the State of Texas since 2003. He fights for what matters to you while keeping the case focused and moving, explains every step in plain English, and keeps you informed from your first confidential consultation through the final decree.
Working with us from Lakeway
Our office is in downtown Austin, an easy reach from Lakeway. We handle most consultations and case updates by phone and video, and there is no fee for your first confidential consultation. If travel is difficult, we can meet by video.
Why clients choose SMB Law, PC
- Direct attorney access — you talk to Shane, licensed since 2003, not a call center.
- A clear strategy — we fight where it counts and settle where it makes sense.
- Honest advice and transparent fees explained before you commit.
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.
- Final decree entered correctly so you can move forward.
Frequently asked questions
Is Texas a 50/50 divorce state?
Not exactly. Texas divides community property in a way that is ‘just and right,’ which is often but not always equal, based on several factors.
What is the difference between community and separate property?
Community property is generally what was acquired during the marriage; separate property is what a spouse owned before marriage or received by gift or inheritance.
Can one spouse get more than half?
Yes. A court can order an unequal division based on factors like fault, earning capacity, and who cares for the children.
Do I have to travel to your office from Lakeway?
No. Our downtown Austin office is about 20 miles east via TX-71 and RR-620, and we handle most of a Lakeway divorce remotely.
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