Austin Contested Divorce
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If you are searching for an Austin contested divorce lawyer, something has already broken down at home, and you need a straight answer about what happens next. A contested divorce means you and your spouse cannot agree on one or more issues, so a Travis County judge may have to decide for you. That is a stressful place to be. It is also a solvable one. At SMB Law, PC in downtown Austin, we help people across Central Texas move through it with a clear plan.
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Key Takeaways
- Texas caps spousal maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income, with duration limits of five, seven, or ten years depending on the length of the marriage.
- A mediated settlement agreement that meets Section 6.602 is binding and not subject to revocation, and a party is entitled to judgment on it. That makes mediation day the most consequential day in most contested divorces, and it is why an experienced contested divorce attorney matters to the divorce process.
- Every divorce filed in Travis County is automatically covered by a standing order that restrains both spouses from moving money, changing insurance beneficiaries, or disparaging the other parent where the children can hear it. It is enforceable by contempt from the day the petition is filed.
Understanding Contested Divorce in Austin
A contested divorce simply means the two of you disagree on something the court cares about. It might be custody. It might be the house, a business, or how a retirement account gets split. Uncontested divorces settle every term by agreement. Contested cases do not, so they take more steps and more preparation.
No two divorces look alike. The emotional weight is real, and it can cloud good judgment right when clear decisions matter most. That is where an experienced contested divorce attorney earns their keep. Shane M. Boasberg has practiced Texas family law for more than two decades, and he keeps the focus on protecting your rights so you can think again.
Grounds for Divorce in Texas
Texas lets you divorce with or without assigning blame. Most petitions are filed on the no-fault ground the statute calls insupportability (Texas Family Code Section 6.001): the marriage no longer works because of discord or conflict of personalities, with no reasonable expectation of reconciliation.
Texas also recognizes fault grounds: cruelty that makes living together insupportable (Section 6.002), adultery (Section 6.003), a felony conviction with at least one year of imprisonment and no pardon (Section 6.004), and abandonment for at least one year (Section 6.005). Fault has to be proven with real evidence, and it can influence how a judge divides property.
Two further grounds are often miscounted as fault, and they are not. Living apart without cohabitation for at least three years (Section 6.006) and confinement in a mental hospital for at least three years (Section 6.007) require no misconduct by anyone. We help you decide whether a no-fault filing keeps things simpler or whether the facts of your case make a fault ground worth pursuing.
Why You Need an Austin Contested Divorce Lawyer
Contested cases have rules, deadlines, and pressure points that are easy to miss on your own. A skilled lawyer for a contested divorce protects your rights and steers negotiations toward a settlement you can live with. Discovery is where many people stumble, and a wrong move there costs leverage you never get back.
Good representation can also make a divorce cheaper, not just calmer: moving the case efficiently and heading off avoidable fights saves months and money. We know how Travis, Williamson, and Hays county courts actually run, from the downtown Austin family courts to the courthouses in Georgetown and San Marcos. If you live in Williamson County, our Round Rock divorce lawyer page explains how a contested case there is filed and heard in Georgetown.
How a Contested Divorce Works in Texas
First, the residency test. Under Section 6.301, a Texas court cannot hear your divorce unless one of you has been a Texas domiciliary for the preceding six months and a resident of the filing county for the preceding 90 days. Either spouse can satisfy it, and separate rules cover military service.
One spouse then files an Original Petition for Divorce and the other is formally served. The answer is due by 10 a.m. on the Monday after 20 days from the date of service, not from filing. Missing it does not hand the filer everything: under Section 6.701, a divorce petition may not be taken as confessed just because no answer was filed, so the petitioner still has to prove the case.
A 60-day waiting period runs from the filing date before a court may grant the divorce (Section 6.702). It is close to universal but not absolute: the wait does not apply where the respondent has a family-violence conviction or deferred adjudication against the petitioner or a household member, or where the petitioner holds an active protective order.
A Travis County standing order takes effect the moment you file. Every divorce and custody case here is automatically subject to it. It runs as a restraining order for 14 days, then as a temporary injunction, and it is enforceable by contempt. It bars both spouses from moving or hiding money, changing insurance beneficiaries, accessing the other spouse’s accounts, altering records, and disparaging the other parent where the children can hear it.
The court can issue temporary orders under Section 6.502 covering support, attorney’s fees, exclusive use of the residence, and a sworn inventory. Discovery follows, and if you still cannot agree the case heads to trial. Timelines vary more than most pages admit: Office of Court Administration figures for fiscal 2025 show Travis County family cases splitting roughly into thirds, with about 39 percent resolved within three months and about 23 percent taking longer than a year.
Key Issues in Contested Divorces
Most contested divorces turn on a few familiar fault lines: child custody, spousal support, and property division. Each needs careful negotiation, and sometimes a judge, to resolve. Our advice is consistent: aim for resolution, not for winning every point.
Child Custody Disputes
In Texas, custody is decided around one question: the best interest of the child, which Section 153.002 makes the court’s primary consideration. Texas frames custody as conservatorship, and Section 153.131 creates a rebuttable presumption that appointing both parents joint managing conservators is in the child’s best interest. Most parents share joint managing conservatorship, with one parent holding the exclusive right to designate the child’s primary residence.
A finding of a history of family violence between the parents removes that presumption outright. Section 153.004 goes further: with credible evidence of a history or pattern of child neglect or physical or sexual abuse, a court may not appoint joint managing conservators at all, and family violence within the two years before filing can bar access entirely absent a safety order.
Beyond that, Texas courts weigh the Holley factors, first set out in a parental-rights case and since applied broadly to best-interest questions: the child’s wishes, their present and future needs, any danger, each parent’s abilities and plans, and the stability of each home. In high conflict custody cases, testimony about day-to-day involvement carries real weight, because a judge can see who actually shows up.
Spousal Maintenance and Child Support
Spousal maintenance, sometimes called alimony, is harder to get in Texas than in most states, and the numbers are capped by statute. Under Section 8.051 the spouse asking for it must first lack sufficient property, including separate property, to meet their minimum reasonable needs. That gate applies to every route. Then one of four things must be true: the other spouse was convicted of or received deferred adjudication for family violence within two years before filing or during the case; the spouse seeking support has an incapacitating disability; the marriage lasted 10 years or longer; or that spouse cares for a child of the marriage, of any age, whose disability requires substantial care.
The cap is firm. Section 8.055 bars a court from ordering more than the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. Duration is capped too, under Section 8.054: five years for marriages of 10 to 20 years (or a family-violence award on a shorter marriage), seven years for 20 to 30 years, and 10 years for 30 years or more. Those are ceilings, not entitlements, because the statute also directs courts to order the shortest reasonable period. Awards based on a disability, the spouse’s or a child’s, can run as long as eligibility lasts.
Child support is a separate calculation. Texas guidelines apply a percentage of the paying parent’s monthly net resources: 20 percent for one child, 25 for two, 30 for three, 35 for four, and 40 for five. Since September 1, 2025 the guidelines apply to the first $11,700 of monthly net resources, up from $9,200. Above that figure a court may order more, but only on proof of the proven needs of the child under Section 154.126.
Property Division
Texas is a community property state, and Texas Family Code § 7.001 calls for a division of the marital estate that is just and right. Just and right does not mean 50/50, and the statute contains no presumption of an equal split.
What the law does presume is the opposite of what most people expect. Under Section 3.003, property either spouse possesses during or at the end of the marriage is presumed to be community property, and that presumption can only be overcome by clear and convincing evidence. If you owned something before the wedding or received it by gift or inheritance, it stays yours, but the burden of documenting it is on you. That single rule decides more contested Austin property cases than any other.
The counterweight is that a court cannot take your separate property away and give it to your spouse. Texas established that for separate real property in Eggemeyer v. Eggemeyer and extended it to separate personal property in Cameron v. Cameron. In deciding what is just and right within the community estate, Murff v. Murff lets a judge weigh each spouse’s earning capacity, education, physical condition, relative finances, ages, the size of each separate estate, and fault in the breakup.
Hiding assets is a losing strategy. Section 6.707 voids transfers made to injure the other spouse’s rights, and concealment invites sanctions and a lopsided split. If you suspect your spouse is moving property, tell us early. When the estate is complex we work with forensic accountants and valuation experts.
High Net Worth and Business Owner Divorce
Business divorce and high-net-worth cases carry their own risks. Dividing closely held companies, real estate, investment portfolios, retirement accounts, stock options, and intellectual property takes analysis and a plan. Valuing a private business is where these cases get delicate, and you want an Austin divorce attorney who understands valuation and can push for a defensible number rather than a convenient one.
One provision matters here more than most: Section 3.402 allows a reimbursement claim for the time, toil, talent, and effort a spouse poured into growing separate property beyond what was reasonably necessary to manage it, without adequate compensation to the community. For a founder whose company predates the marriage, that claim is often the whole argument.
LGBTQ+ Divorce and Annulments
Texas recognizes same-sex marriages, but LGBTQ+ couples can still hit unique legal wrinkles, especially when they lived together or shared assets before marriage equality. Property division, parental rights, and older agreements can all be more complicated.
Annulment is a different path. It treats a marriage as if it never legally existed, and Texas allows it on seven specific grounds: marriage of someone under 18 without consent, intoxication at the ceremony, permanent impotency, fraud or duress or force, mental incapacity, concealment that the other party was divorced within the preceding 30 days, and marriage less than 72 hours after the license issued. Several carry short deadlines — 30 days for the 72-hour ground, one year for a concealed divorce — so it is worth knowing early whether you qualify. No 60-day wait applies to an annulment.
Accurate valuation and classification of assets matter in every one of these cases. And if you were in an informal or common-law marriage, you can still divorce, and the same community property rules apply. Be aware of the clock: under Section 2.401, if no proceeding starts within two years of separating, Texas rebuttably presumes there was never an agreement to be married.
Alternative Dispute Resolution Methods
Not every contested divorce ends in a courtroom, and in Travis County most do not. Mediation, collaborative law, and direct settlement talks all encourage workable compromise before a judge ever has to rule.
Mediation
Mediation brings in a neutral third party who helps the two of you find agreement. The mediator decides nothing; they guide the conversation and surface compromises both sides can accept. Travis County courts routinely order mediation before trial.
Understand what signing means. Under Section 6.602, a mediated settlement agreement is binding if it says in boldfaced type, capital letters, or underlining that it is not subject to revocation, and it is signed by both parties and by any attorney present. If it meets those requirements, a party is entitled to judgment on it notwithstanding Rule 11 or any other rule of law. Compare an ordinary settlement agreement under Section 7.006, which either spouse may repudiate before the judge signs and which binds the court only if it is just and right. A properly drafted mediated settlement agreement has neither escape hatch, so walk into mediation prepared.
Collaborative Divorce
In a collaborative divorce, governed by Chapter 15 of the Texas Family Code, both spouses commit in writing to settling every issue outside of court, each with specially trained counsel. Filing the agreement stays the court proceeding.
The incentive to make it work is built in and stronger than most descriptions suggest. If the collaborative process ends and the matter goes to litigation, both collaborative lawyers are disqualified, whether or not they were being paid, and the disqualification extends to every lawyer in their firms. Narrow exceptions let collaborative counsel ask a court to approve the agreement or seek an emergency order while successor counsel is found. For many couples it is calmer and more affordable than a courtroom fight.
Going to Trial, Including Your Right to a Jury
Texas is one of a small number of states where you can demand a jury in a divorce (Section 6.703), and it is worth knowing exactly what a jury can and cannot do. Under Section 105.002, a jury verdict is binding and cannot be overridden on whether conservatorship is sole or joint, which parent has the exclusive right to designate the child’s primary residence, and whether a geographic restriction applies. A judge, not the jury, sets child support and the specific terms of possession and access.
Either way, preparation decides a lot: understanding how the hearing will run, gathering financial records and communications, and building arguments with your trial attorney well ahead of time. We walk you through every step so you are ready before you reach the courthouse on Guadalupe Street.
Emotional and Financial Considerations
Divorce takes a toll well beyond the legal file. Financial strain feeds real stress, and children feel it too, which is why protecting their stability matters throughout the case. Drawn-out disputes also cost more, in money and in energy. Part of our job is to be a steady presence, handling the legal pressure so you can look after your health and your family.
Texas Divorce Cost Calculator
What will your divorce actually cost? It depends on four things more than anything else: whether you and your spouse agree, whether children are involved, how complicated your property is, and whether the case settles or goes to trial. Answer those four questions below for a ballpark range based on published Texas averages — then talk to us about what your specific case would really take. Want a version you can bookmark or share? Use the standalone Texas divorce cost calculator page.
Estimated Total Cost
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| Attorney fees & case costs (est.) | $0 – $0 |
| Court & filing fees (Travis County) | $0 – $0 |
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Every divorce is different — the way to keep costs down is a clear strategy from day one. In a free consultation, we can give you a real number for your specific situation.
Disclaimer: This calculator provides a rough educational estimate based on published Texas market averages — it is not a quote, a flat fee, or legal advice, and it does not reflect SMB Law, PC’s specific rates. Actual costs depend on the facts of your case, how contested it becomes, and factors no calculator can predict. Texas requires a minimum 60-day waiting period for most divorces. Use of this tool does not create an attorney–client relationship.
Post-Divorce Modifications and Enforcement
A final decree is not always the last word, and post-divorce disputes are common. Texas lets you ask the court to change custody, support, or possession terms, but you must show a material and substantial change in circumstances since the order was rendered. The standard is technical and the evidence matters, which is why these cases turn on preparation rather than argument.
Enforcement is the other side of the coin: when an ex ignores the decree, the court has real tools, including contempt. One deadline people miss entirely — Texas bars remarriage to anyone other than your former spouse until the 31st day after the divorce is granted, absent a waiver for good cause.
Choosing an Austin Contested Divorce Attorney
The right attorney does more than know the law. They listen, they explain, and they treat you like a person, not a case number. Look for real experience in contested divorces and reviews you can actually read.
Shane M. Boasberg founded SMB Law, PC in 2010 and has practiced Texas family law for more than two decades. His background runs wider than most, including work with the Texas Legislature and the Office of the Texas Attorney General, and peers have named him a Texas Monthly Rising Star. Our office sits at 1204 San Antonio Street in downtown Austin, a few blocks from the Travis County Civil and Family Courthouse, and we represent clients throughout Travis, Williamson, and Hays counties.
Summary
A contested divorce asks a lot of you, and the details decide outcomes. Community property is presumed unless you can prove otherwise by clear and convincing evidence. Maintenance is capped at the lesser of $5,000 a month or 20 percent of gross income. A mediated settlement agreement meeting Section 6.602 binds the moment it is signed. A Travis County standing order constrains both spouses from the day of filing.
Mediation and collaborative divorce offer calmer paths where they fit, and thorough preparation is what carries the cases that go to trial. If you want a contested divorce lawyer who is diligent, candid, and accessible, call SMB Law, PC at (512) 561-5003 for a free consultation.
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Frequently Asked Questions
What is a contested divorce?
A contested divorce happens when spouses cannot agree on one or more key issues, such as custody, support, or how to divide property. Because those disagreements have to be resolved, often with the court’s help, these cases take more steps than an uncontested divorce.
How long do I have to file an answer after being served?
Your written answer is due by 10:00 a.m. on the Monday after 20 days have passed from the date you were served (Texas Rule of Civil Procedure 99). The clock starts on the date of service, not the date your spouse filed. If you miss it, your spouse can ask for a default judgment, although in a divorce the petition cannot be taken as confessed, so the other side still has to prove the case. An experienced contested divorce attorney can file your answer on time, calendar every later deadline, and protect your rights from the first day.
What are the key issues in contested divorces?
Most contested divorces center on child custody, spousal support, and property division, and in Austin a growing share also involve a closely held business or equity compensation. Each issue calls for careful negotiation, and sometimes a judge, to reach a resolution.
Can a divorce decree be modified after it is finalized?
Yes. A Texas decree can be modified after it is final, but only on a showing of a material and substantial change in circumstances since the order was rendered. You start by filing a petition to modify. Because the standard is technical and evidence-driven, these cases reward preparation.
What are the alternatives to a divorce trial?
Mediation and collaborative divorce are the most common. Both resolve disputes with less conflict and lower cost than trial. The difference that matters: a mediated settlement agreement meeting Section 6.602 is binding and not subject to revocation, while a collaborative process disqualifies both lawyers and their firms if the case later goes to court.
How much does a contested divorce cost in Texas?
There is no official Texas figure, and any page quoting one precisely is guessing. In our experience, contested Austin divorces commonly run from the low five figures into the tens of thousands, and complex or high-asset cases go well beyond that. The more you and your spouse narrow the issues, the lower the cost, and mediation usually cuts it substantially. Who ultimately pays is a separate question we cover in our guide to Texas divorce costs. For a rough estimate, use the free divorce cost calculator on this page, then call SMB Law, PC at (512) 561-5003.
Contested Divorce Lawyers Serving Nearby Communities
SMB Law, PC represents clients across Central Texas. Choose your city for local court, filing, and case details: