Austin County Divorce Attorney

A divorce can impact every area of your life in significant ways, but it doesn’t have to overwhelm you. If you have a solid plan, you can tackle a divorce with reduced stress and more predictable outcomes. The best way to develop a solid plan is to consult an experienced Austin County divorce attorney.

Our divorce attorneys at The Stout Law Firm, PLLC, are board-certified in family law by the Texas Board of Legal Specialization. Our goal is to obtain the best possible outcomes for our clients, and help protect their rights, make informed decisions, and move forward with a clear plan. In this guide, we explain the basics of Texas divorce law and what you can expect along the way.

Grounds for Divorce in Texas

Texas allows both no-fault and fault-based divorces. Many people file under the no-fault ground of insupportability. Insupportability means the marriage cannot continue because of conflict or discord. An insupportable marriage has no reasonable expectation of reconciliation. You do not have to prove wrongdoing to get divorced under this no-fault ground.

Texas also recognizes fault-based grounds. These grounds include:

  • Cruelty,
  • Adultery,
  • Felony conviction,
  • Abandonment,
  • Living apart for at least three years, and 
  • Confinement in a mental hospital for at least three years.

With these fault-based grounds, a spouse may be able to present defenses. Our divorce attorneys can help you decide whether a fault-based divorce makes sense for your unique situation.

Residency Requirements for Divorce

You must also determine if Texas is the right state for filing. To file for divorce in the state of Texas, residency requirements must be met. At the time a divorce is filed, at least one spouse must:

  • Have lived in Texas for at least the preceding six months, and
  • Have lived in the county where the divorce is filed for at least the preceding 90 days.

If you or your spouse lives in Austin County and meets these requirements, you may file your divorce case there. If there is a dispute over residency, our divorce lawyers can help you establish the proper venue for your divorce.

Filing for Divorce

A divorce begins when one spouse files a petition for divorce with the court. This spouse is called the petitioner. The other spouse is the respondent.

After filing, the respondent must be formally notified through service of citation. Service is typically personal delivered to the respondent and may be completed by:

  • A sheriff, 
  • A constable, 
  • A private process server, or
  • An authorized person who is at least 18.

In some cases, the respondent may sign a waiver of service to avoid formal service. In limited cases, a respondent may be served by publishing the information in a newspaper of general circulation.

Proper service is critical in every divorce case. Incorrectly handling service can delay your case or affect the court’s authority. The attorneys at The Stout Law Firm, PLLC can help ensure that the service complies with Texas law and protect your case from unnecessary setbacks.

Division of Community Property

Every divorce is different, but almost every divorce involves the division of a couple’s property and debts. Texas law divides community property among spouses in a divorce and allows each spouse to keep their separate property so long as a spouse can prove it.

What Is Community Property?

Community property typically includes:

  • Income earned during the marriage;
  • Homes and real estate purchased during the marriage;
  • Retirement accounts and pensions earned during the marriage; and
  • Vehicles, bank accounts, investments, and other property acquired during the marriage.

Courts distribute community property according to what is “just and right,” which does not necessarily mean a 50/50 split.

What Is Separate Property?

Separate property is not subject to division in a divorce. It includes:

  • Property owned before marriage;
  • Property acquired by gift, devise, or inheritance received by one spouse before or during the marriage; and
  • Certain personal injury awards.

The spouse claiming separate property must prove it with clear and convincing evidence. Our divorce attorneys practice in Austin County and can help you protect your assets and advocate for a fair outcome.

Child Custody in Austin County

One of the most significant changes that can occur in a divorce is child custody. In Texas, child custody is referred to as conservatorship and possession and access. Courts focus on the best interest of the child when making custody decisions.

Typically, parents are named joint managing conservators, meaning they share rights and duties related to the child. However, the court usually gives one parent the right to determine the child’s primary residence.

Factors the court may consider when deciding a child’s best interests include:

  • Each parent’s ability to meet the child’s needs,
  • The child’s wishes,
  • The child’s emotional and physical well-being,
  • Any history of substance abuse,
  • The child’s health and needs,
  • The stability of each parent’s home, and
  • Any history of family violence or neglect.

Custody orders also include a possession schedule. The Standard Possession Order is presumed to be in the best interest of children over the age of 3. However, Texas courts may customize schedules to fit the child’s needs depending on the facts and circumstances of a case. Parents may also agree upon an alternative possession schedule that works best for their family. Our experienced divorce attorneys can help you seek a custody arrangement that supports your child and your parental rights.

Child Support

Child support is typically paid to the parent who has the right to determine the child’s primary residence and is intended to help cover a child’s basic needs, including: 

  • Housing, 
  • Food, 
  • Clothing, 
  • Schooling, and 
  • Healthcare.

In most cases, the parent who does not have the right to determine the child’s primary residence  pays child support.

Texas courts look at the monthly net resources of the obligor to determine their child support obligation. Resources include:

  • Wages and salaries,
  • Rental income,
  • Retirement benefits,
  • Unemployment income,
  • Self-employment income,
  • Severance pay,
  • Government benefits,
  • Capital gains, 
  • Trust income, and
  • Annuities.

Child support is calculated by applying a certain percentage to the obligor’s monthly net resources, which is based on the number of the obligor’s children. Courts may adjust child support when special circumstances exist, like a disability. A knowledgeable Austin County divorce lawyer can help ensure child support calculations are fair and accurate.

Spousal Maintenance (Alimony)

Contrary to popular belief, not every divorce decree includes an order for alimony, or spousal maintenance as it is called in Texas. A court may order one spouse to financially support the other after divorce if statutory requirements are met, including circumstances in which the supported spouse lacks the employment history, resources, or capabilities to support their minimum reasonable needs. 

Temporary Orders During Divorce

Divorces can take several months or even  longer to resolve. Temporary orders provide rules and stability while the case is pending. Temporary orders may address the following during the pendency of a divorce:

  • Child custody and visitation,
  • Child support and spousal support,
  • Use of the marital home,
  • Payment of bills and debts, and
  • Protection of marital property.

Temporary orders hearings often happen early in the case and can shape the outcome of your divorce. Our divorce lawyers at The Stout Law Firm, PLLC can prepare evidence and arguments to protect your interests from the start of your divorce case. 

The Waiting Period

Texas law requires a 60-day waiting period from the date the divorce petition is filed before a court can grant a divorce. This period can allow time for reflection and settlement discussions.

Typically, cases take longer than a couple of months to resolve due to disputes over property or children. Others resolve quickly through negotiation or mediation. While certain exceptions exist, most divorces must observe the waiting period.

Our Austin County Divorce Attorneys Can Help

Divorce is not just a legal process. It is a personal transition that can impact every facet of your life. Working with an experienced Austin County divorce lawyer can strategically guide and support you during a difficult life transition. 

If you are searching for an attorney for your divorce, at The Stout Law Firm, PLLC, our board-certified family law attorneys offer thoughtful, detail-driven representation focused on protecting your rights and helping you make informed decisions at every stage of the divorce process.

Contact The Stout Law Firm, PLLC, to schedule a consultation and take the first step toward protecting your future.

Resources:

  • Grounds for Divorce and Defenses, Tex. Fam. Code §§ 6.001-6.008 (1997), link.
  • General Residency Rule for Divorce Suit, Tex. Fam. Code § 6.301 (1997), link.
  • Texas State Law Library, “Serving the Citation,” link.
  • Citation by Publication, Tex. Civ. Prac. & Rem. Code § 17.032 (2020), link.
  • Community Property and Presumption of Community Property, Tex. Fam. Code §§ 3.002-3.003 (1997), link.
  • Separate, Tex. Fam. Code § 3.001 (1997), link.
  • Public Policy and Best Interest of Child; Rebuttable Presumption in Suit Between Parent and Nonparent, Tex. Fam. Code §§ 15.001-15.002 (1999, 2025), link.
  • Factors in Determining Maintenance, Tex. Fam. Code § 8.052 (2011), link.
  • Waiting Period, Tex. Fam. Code § 6.702 (2009), link.