Divorce Lawyer Austin, TX
Deciding to divorce is one of the most difficult decisions you can make. Gray Becker, P.C. has extensive experience helping clients navigate this emotional time. Our divorce lawyers in Austin do everything in their power to reach a quick and favorable resolution, so you can start moving forward.
If you are going through a divorce in Austin, we know that you may be facing difficult legal, financial, and personal decisions. Getting the right legal guidance early can affect your finances, parenting rights, and long-term stability.
At Gray Becker, P.C., our Austin, TX divorce lawyers have represented individuals and families across Central Texas for over 43 years. We handle divorces at every level of complexity, from straightforward uncontested matters to high-stakes disputes involving significant assets, business interests, and contested custody. Contact us to schedule a consultation.
Why Choose Gray Becker, P.C. for Divorce in Austin, Texas?
When you are searching for a family lawyer in Austin, TX, the credentials listed on a website only tell part of the story. What actually matters is whether your attorney knows how Travis County courts operate, how judges approach disputed issues, and how to build a case that holds up under pressure. Our attorneys bring that knowledge to every case we take.
Deep Austin Family Law Experience
Our divorce attorneys have been practicing family law in Austin and the surrounding communities for decades. Richard E. Gray III, a founding member of the firm, has practiced law since 1976 and has been recognized by Best Lawyers in America for Family Law continuously since 2013. Nathan Kennedy is Board Certified in Family Law by the Texas Board of Legal Specialization (first certified in 2013 and recertified in 2018 and 2023) and holds a Martindale-Hubbell AV Preeminent rating, which reflects the highest standard of professional ability and ethics as evaluated by peers. Nathan has also been named to Texas Monthly Super Lawyers every year from 2020 through 2025 and recognized by Best Lawyers in America for Family Law from 2020 through 2025.
Margaret Tucker brings additional depth to our practice. A multi-year Super Lawyer in Family Law, Margaret is a member of the Family Law Section of the State Bar of Texas, the Texas Family Law Foundation, and serves as a Board Member of the Austin Bar Association’s Family Law Section. She is also a licensed mediator, which gives her a practical perspective on when settlement makes sense and when it does not.
Attorneys Who Focus on Your Specific Situation
Not every divorce case looks the same. A spouse ending a 25-year marriage with real estate holdings, retirement accounts, and a closely held business faces a fundamentally different legal challenge than someone dissolving a short marriage with limited shared assets. Through our awards and recognitions, our attorneys have experience handling cases across that spectrum and everything in between.
Caroline Alonzo focuses her practice on divorces, modifications, enforcements, child support, and premarital and postmarital agreements. She managed her own family law practice in El Paso before relocating to Austin in 2019. Patricia Dixon handles divorce, property characterization, reimbursement claims, and child-related matters, and also represents clients who need emergency protection due to family violence. Arielle Rosvall, who has been part of the Austin family law community since 2014, was recognized as one of the Best Ones to Watch by Best Lawyers from 2021 through 2025.
Proven Results Across Complex Divorce Matters
Our attorneys have helped clients across Austin in divorce settlements and other matters, including cases involving high-value marital estates, business ownership disputes, and contested property division. We do not come into a case looking for a quick resolution that leaves money on the table. We prepare, we negotiate strategically, and when litigation is necessary, we are ready.
Here is what one client shared about working with Nathan Kennedy:
⭐⭐⭐⭐⭐ “I was referred to Nathan Kennedy by another highly respected attorney in Austin, and I’m so glad I was. Nathan and his team were incredibly supportive, professional, and compassionate throughout the entire process. Thanks to their skill, we were able to settle my case without ever stepping into a courtroom. I’m truly grateful for their guidance and would highly recommend Nathan Kennedy to anyone looking for a skilled and trustworthy divorce attorney.” — Zhazira Aitzhanova
Read more reviews on our Google Business Profile.
Types of Divorce Cases We Handle in Austin
Our attorneys handle the full range of divorce matters in Travis County and across Central Texas. Whether your situation is straightforward or involves significant conflict and complex assets, we have attorneys who have handled it before.
- High-asset divorce. When significant property, investments, retirement accounts, or business interests are involved, how assets are identified, valued, and divided matters enormously. We handle high-stakes property disputes and work with financial professionals when needed to get accurate valuations.
- Property division. Texas is a community property state, which means how courts classify assets directly affects what each spouse walks away with. We help clients understand what is separate, what is marital, and how to approach the division.
- Divorce for business owners. When one or both spouses own a business, the divorce process becomes significantly more complicated. Business valuation, community property interests, and protecting ongoing operations all require careful legal strategy.
- Same-sex divorce. We represent same-sex couples navigating divorce in Austin, including matters involving property division, spousal support, and parenting rights.
- Tech industry divorce. Austin’s tech sector brings unique assets into marriages, including stock options, RSUs, deferred compensation, and startup equity. These require specific attention during property division.
- Child custody and support. Many divorces involve parenting disputes, conservatorship arrangements, and support calculations. Our attorneys handle these matters as part of full divorce representation.
The Texas Divorce Process, Step by Step
Every divorce in Texas follows the same basic procedural path, though how long each stage takes depends on the level of conflict and the complexity of the marital estate. Knowing what lies ahead makes the process feel less unpredictable.
A divorce begins when one spouse files an Original Petition for Divorce with the district clerk in the county of residence. The filing spouse is the petitioner, and the other becomes the respondent. Once the petition is on file, it has to be served on the other spouse, who then has until the Monday following 20 days to file an answer. When both spouses are cooperative, service can be waived through a signed waiver rather than formal delivery by a process server.
Shortly after filing, either party can request temporary orders. These govern what happens while the case is pending, including who remains in the marital home, how bills get paid, and what the interim schedule looks like for any children. In Travis County, a standing order also takes effect automatically at filing and restricts both spouses from certain financial and custodial conduct.
The discovery phase is where each side gathers financial information. Interrogatories, requests for production, depositions, and subpoenas are used to document income, trace the character of property, and surface assets that may not have been fully disclosed. Discovery tends to be the longest phase in a contested case, particularly when a business or complex portfolio is involved.
Texas courts generally require mediation before a contested case can reach trial. A neutral mediator helps the spouses negotiate a settlement they both control, which is almost always faster and less costly than a judge’s ruling. Many Austin divorces resolve at this stage.
When mediation does not produce an agreement, the case proceeds to trial, where a judge, or in rare instances a jury, decides the contested issues. After the terms are settled, whether by agreement or by the court, the judge signs the Final Decree of Divorce, the document that legally ends the marriage and sets out the division of property, support, and any conservatorship arrangements.
A signed decree does not always close the file for good. Post-decree enforcement and modification matters arise when one party stops complying with the order, or when a material change in circumstances, such as a job relocation or a significant income change, justifies revisiting support or possession terms. Our attorneys represent clients in these follow-up proceedings throughout Travis County.
Contested vs. Uncontested Divorce in Texas
Not every divorce looks the same on paper, and the difference between a contested and an uncontested case shapes the cost, the timeline, and the emotional toll.
An uncontested divorce is one in which both spouses agree on every major issue: how property and debt are divided, whether spousal support applies, and the arrangements for any children. These cases still require the mandatory waiting period, but they move efficiently once the agreement is documented and approved. They are generally the least expensive path to a final decree.
A contested divorce means the spouses disagree on one or more issues that a court may ultimately have to decide. Disputes over the value of a business, the characterization of separate property, or the terms of a parenting plan commonly push a case into contested territory. These matters take longer and cost more, but they exist because the stakes are real, and a fair outcome sometimes requires pressing an issue rather than conceding it. Our Austin divorce attorneys prepare every contested case as though it may go to trial, which strengthens our position in settlement negotiations even when the matter ultimately resolves short of a courtroom.
High-Value Divorce Issues in Austin
Austin’s economy has produced a generation of marriages that hold substantial and often complicated wealth. When a marital estate includes more than a house and a couple of bank accounts, the division becomes a technical exercise in valuation, characterization, and tracing.
Business ownership raises questions that rarely have simple answers. A closely held company has to be valued, its community and separate components identified, and its ongoing operation protected while the divorce proceeds. Real estate beyond the family home, including rental property, land, and out-of-state holdings, carries its own valuation and characterization issues.
Equity compensation is a defining feature of divorce in a technology hub. Stock options and RSUs may be partially community and partially separate depending on grant and vesting dates, and dividing them correctly requires a close reading of the underlying plan documents. Retirement accounts such as 401(k)s and pensions typically need a qualified domestic relations order to divide without triggering taxes or penalties. Executive compensation packages, including deferred compensation and bonuses tied to future performance, add further complexity to the community estate.
Finally, separate property tracing is often where high-value cases are won or lost. When an inheritance, a premarital asset, or a gift has been deposited into joint accounts and mixed with community funds over years of marriage, proving its separate character takes documentation and, frequently, a forensic accountant. Our attorneys handle these matters and work with financial professionals to make sure the estate is characterized and valued accurately before anything is divided.
Texas Legal Requirements for Divorce
Before a court in Texas can grant a divorce, certain statutory requirements must be satisfied. Understanding them from the outset helps set realistic expectations.
Residency: Under Texas Family Code § 6.301, at least one spouse must have been a Texas resident for six months and a resident of the county where the petition is filed for 90 days before filing.
Waiting period: Texas imposes a mandatory 60-day waiting period after a petition is filed before a divorce can be finalized. There are limited exceptions, including situations involving family violence.
Grounds: Texas allows both no-fault and fault-based divorce. No-fault divorce is filed on the grounds of “insupportability,” meaning the marriage has become insupportable due to conflict. Fault grounds include adultery, cruelty, abandonment, and felony conviction, and they can affect property division in some cases.
Community property: Texas divides marital property under a community property framework. The court is required to divide the marital estate in a manner it deems “just and right,” which does not always mean a 50/50 split. Our team can help you understand what qualifies as community versus separate property under Texas law.
For court-specific procedural information, including standing orders that apply automatically when a divorce is filed, the Travis County District Clerk provides filing resources. The Texas State Law Library also maintains a plain-language divorce overview for residents.
Important Aspects of an Austin Divorce Case
Every divorce in Austin moves through predictable legal phases, but the decisions made at each step have lasting consequences. Here is what clients should understand before the process begins.
Property Characterization
Before the process of dividing marital property can begin, assets and debts have to be correctly classified. Community property generally includes income earned and assets acquired during the marriage. Separate property includes assets owned before the marriage, along with inheritances and gifts, even if received during the marriage. Misclassifying an asset, or failing to trace a separate property claim properly, can result in an unfavorable division. This is especially true in long marriages where assets have become commingled over time.
Spousal Maintenance and Property Settlements
Texas courts can award spousal maintenance in limited circumstances, generally when one spouse lacks sufficient property or earning capacity following the divorce. The duration and amount are capped under the Texas Family Code. Beyond formal maintenance, the parties’ attorneys can negotiate property settlements that account for income disparity and long-term financial needs. How assets are structured in a settlement, whether real estate, retirement accounts, or liquid assets, can affect taxes, liquidity, and financial security.
Conservatorship and Parenting Plans
In Texas, custody is referred to as “conservatorship.” Courts strongly favor joint managing conservatorship, meaning both parents share decision-making rights over major issues like education, healthcare, and religion. The “primary” parent typically designates the child’s primary residence. When parents cannot agree on common custody problems, the court decides based on the best interest of the child standard.
High-Conflict and Fault-Based Issues
Some divorces involve contested fault grounds, protective orders, or allegations of family violence. These cases move differently. Emergency relief, including temporary restraining orders, may be needed before a full hearing. In high-conflict divorces, documentation, court filings, and procedural timing take on greater importance. Our attorneys have handled these matters, including cases where emergency custody or protective relief was required from day one.
The Travis County Standing Order
When a divorce petition is filed in Travis County, a standing order goes into effect automatically. It restricts both spouses from taking certain actions, including removing children from the jurisdiction, dissipating assets, or canceling insurance policies, until the case is resolved. Violating a standing order can have serious consequences. For more on how this works in practice, see our post on the Travis County standing order.
Austin Divorce FAQs
How long does a divorce take in Texas?
Texas law imposes a mandatory 60-day waiting period that runs from the date the petition is filed, so no divorce can be finalized sooner than that. An uncontested divorce with a signed agreement often wraps up not long after the waiting period ends. A contested divorce involving significant assets or a custody dispute frequently takes a year or more, depending on the court’s docket and the level of conflict.
Do I have to go to court to get divorced?
Many divorces in Austin are resolved without a contested trial. Cases that settle through negotiation or mediation typically require only a brief, uncontested hearing, or in some counties no personal appearance at all, to finalize the decree. A courtroom trial becomes necessary only when the spouses cannot agree on one or more issues and need a judge to decide them.
How is property divided in a Texas divorce?
Texas is a community property state. Assets and debts acquired during the marriage are presumed to belong to the marital estate, which the court divides in a manner it considers just and right. That standard does not guarantee an equal split. Separate property, meaning assets owned before the marriage or received individually by gift or inheritance, generally stays with the spouse who owns it, provided its separate character can be proven.
Who gets to stay in the house during a divorce?
The marital home is often addressed in temporary orders while the case is pending. A judge can grant one spouse exclusive use of the residence during the proceeding, particularly when children live there or when circumstances make shared occupancy impractical. Who ultimately keeps the home is decided as part of the final property division, and that outcome does not always match who lived there during the case.
What happens to custody while the divorce is ongoing?
Conservatorship and possession during a pending divorce are usually governed by temporary orders that set an interim schedule and decision-making arrangement. Courts aim to preserve stability for the child, so the temporary schedule frequently mirrors the routine the family already follows. These interim arrangements can influence, but do not dictate, the final custody terms entered with the decree.
Contact Gray Becker, P.C.
If you are facing a divorce in Austin, Texas, whether just starting to consider your options or already in the middle of a difficult process, our attorneys are ready to help. We represent clients throughout Travis County, including those dealing with high-asset estates, business interests, contested custody, and family violence matters.
Consultations are not free, but they are substantive. You will speak with an attorney who will take the time to understand your situation before offering any guidance. We typically respond to new inquiries within one business day. Contact Gray Becker, P.C. to get started.