Travis County Divorce Attorney
Every contested or agreed divorce filed by an Austin-area spouse lands in one of Travis County’s district courts, and the pace, the judge’s expectations, and the standing orders that apply to your case all follow from that single filing decision. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles divorce, child custody, support, property division, and related matters for families in Travis County, Williamson County, Hays County, and Bastrop County. If you are looking for a Travis County divorce attorney, the practical questions start with where you can file, how long the court will make you wait, and how much of the outcome you can settle yourselves before a judge ever has to decide it.
Texas does not ask either spouse to prove the other did something wrong in order to end a marriage, and it does not require both spouses to agree. What it does require is that the filing spouse meets residency rules, that the case sits through a mandatory waiting period, and that the final decree divides the community estate in a manner the court finds just and right and addresses every child-related question if children are involved. Most of the real work in a divorce happens in the gaps between those requirements: temporary orders, negotiation, and the drafting of a decree that holds up when life changes.
How a Divorce Moves Through the Travis County Courts
Travis County runs a large family court system, with a dozen district courts, associate courts, and Title IV-D child support courts operating out of the Civil and Family Courts Facility in downtown Austin. Family cases are assigned among district courts such as the 200th, 201st, 250th, 261st, 345th, 353rd, 419th, 455th, and 459th, and the county publishes a Standing Order for Family Law Cases that governs conduct while a divorce is pending. Unless the parties agree or the judge directs otherwise, contested hearings and trials are held in person at the courthouse, so preparation for a hearing means preparing for a live courtroom, not a video call.
The case begins when one spouse files an Original Petition for Divorce. To file, at least one spouse must have been a Texas resident for the preceding six months and a resident of Travis County for the preceding 90 days. Only one spouse has to meet both requirements, which matters when spouses have recently moved or live in different counties. The other spouse is then served, or signs a waiver of service, and generally has until the Monday following the passage of 20 days to answer. A spouse who never answers risks a default, though even then the decree has to be drafted carefully so property, debts, and any children are fully addressed.
From the date of filing, the court cannot grant a divorce before the 60th day. That clock runs from filing, not from service, and agreement between the spouses does not shorten it. The only exceptions involve family violence: a final conviction or deferred adjudication of the respondent for a family violence offense against the petitioner or a member of the petitioner’s household, or an active protective order or emergency magistrate’s order based on a finding of family violence during the marriage. Outside those situations, even a fully agreed divorce signs no earlier than day 61.
In the weeks after filing, temporary orders often matter more than anything else. They decide who lives in the home, who pays which bills, how the children’s schedule works, and whether support begins before the final decree. Either spouse can ask for them, and they can be negotiated or decided at a temporary orders hearing. Because temporary arrangements tend to shape how a judge views the status quo, they deserve real preparation. From there, cases move into negotiation or mediation, discovery if finances or parenting are disputed, and finally hearings or trial. Most settle well before trial, but the cases that settle on good terms are usually the ones in which one side was visibly ready to try them.
Why Choose Oprea & Weber as Your Travis County Divorce Law Firm
The Law Office of Oprea & Weber is a boutique divorce and family law firm serving families across Travis County and the surrounding Central Texas counties of Williamson, Hays, and Bastrop. The firm’s attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. Your attorney personally handles your case from the first consultation to the final decree, and the firm keeps its caseload intentionally manageable so clients are not passed off to layers of staff or junior associates. Clients get direct attorney access and explanations in plain language.
Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, and he both mediates family law disputes and represents clients in mediation. That dual view of mediation is useful in a divorce: he understands what a mediator needs to see to move a stalled negotiation and what kinds of agreements actually hold up afterward. Karen Oprea has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts. Appellate experience sharpens how a decree is written and how a record is built, which pays off if a ruling is ever challenged.
Clients describe the firm as knowledgeable, thorough, and caring. One client wrote that Kevin made sure she always felt supported and heard and translated legal language into usable information; another credited him with holding a family steady through a very emotional custody matter. The firm prefers cooperative, collaborative, and mediated paths when the other side is willing, because they usually cost less and strain families less, and it prepares every case as though it may go to trial so that leverage in negotiation is real.
Issues That Shape a Travis County Divorce
- Community Property Division: Texas divides the community estate in a just and right manner, which is not automatically an even split. Homes in Austin’s appreciated neighborhoods, retirement accounts, stock compensation, and closely held businesses all require careful characterization as community or separate property before they can be divided.
- Conservatorship and Possession: Texas uses the terms conservatorship and possession and access. For new orders where parents live within 50 miles of each other, the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default, and parents with older orders must file a modification to adopt it.
- Child Support: Guideline support is a percentage of the paying parent’s monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five, with a floor at the five-child level for larger families. The percentages apply only up to a cap that is adjusted periodically, and courts can depart from guidelines when they would be unjust.
- Spousal Maintenance: Court-ordered support after divorce is called spousal maintenance and is limited by Chapter 8 of the Family Code. The spouse asking must lack enough property to meet minimum reasonable needs and must also fit a ground such as a marriage of 10 years or more with no ability to earn enough, a family violence conviction, or an incapacitating disability.
- Informal Marriage Disputes: Texas recognizes informal marriage when a couple agreed to be married, lived together in Texas as spouses, and held themselves out as married. If a proceeding to prove one is not started within two years of separation, the law presumes there was no agreement to marry, so timing can decide whether a divorce is even required.
- Protective Orders During Divorce: A protective order against a spouse who is party to a divorce stays in effect until the second anniversary of the signing of the final decree, and it can interact with the waiting period and with parenting schedules.
- Cooperative and Collaborative Paths: Couples who can work together may use a cooperative divorce, in which one attorney represents one spouse while both work toward agreement, or a collaborative or mediated process. These suit couples committed to transparency; high-conflict situations call for separate counsel.
What to Do If You Are Considering Divorce in Travis County
Start by confirming where you can file. If either spouse has lived in Texas for six months and in Travis County for 90 days, a Travis County district court can hear the case. If you have recently moved, the county residency clock may point you to a neighboring county instead, and filing in the wrong place wastes time. Williamson, Hays, and Bastrop Counties each have their own district courts and clerks, so the right county matters for scheduling, local practice, and sometimes the judge you will face.
Before anything is filed, gather the documents that will drive property and support discussions: recent tax returns, pay records, bank and brokerage statements, retirement account statements, mortgage and loan paperwork, and records of any business interest. Write down a rough timeline of when major assets were acquired and when debts were taken on, because the character of an asset as community or separate often depends on dates. If children are involved, think concretely about the schedule you want and how it fits work hours, school, and distance, since a judge or mediator will ask for specifics.
If safety is a concern, tell your attorney early. A protective order can change both the timeline, because family violence can open an exception to the 60-day wait, and the shape of temporary orders. Avoid moving money out of shared accounts, hiding assets, or posting about the divorce online. The county’s standing order for family cases and ordinary good sense both counsel against dramatic unilateral moves, and judges notice them. Also avoid signing anything the other side drafts, including a waiver of service or an agreed decree, before a lawyer has reviewed it, because those documents can quietly decide property and custody.
Once the petition is filed, expect the case to be heard at the Civil and Family Courts Facility in downtown Austin if it is in Travis County, with temporary orders first and the 60-day mark as the earliest possible finish. An agreed divorce can finalize shortly after that; contested cases with children, businesses, or significant assets commonly run many months.
Children, Support, and What Happens After the Decree
A divorce decree is not always the end of the court’s involvement. Orders concerning children can be modified, but the standard is demanding. Changing conservatorship or possession generally requires a material and substantial change in circumstances and a finding that the change is in the child’s best interest. A request to change who has the exclusive right to designate the child’s primary residence within one year of the order, or within one year of a mediated or collaborative settlement it is based on, must be supported by an affidavit alleging endangerment, that the primary conservator is seeking or agreeing to the change, or that the child has been voluntarily left in another person’s primary care for at least six months. A child who is 12 or older can tell the judge in chambers whom the child prefers, which is one recognized ground for changing the primary residence.
Child support can be modified if three years have passed and the monthly amount differs from the guideline amount by 20 percent or $100, or at any time on a material and substantial change in circumstances. If the original support was an agreed figure that departs from guidelines, the court may modify only if circumstances have materially and substantially changed since the order. Incarceration for more than 180 days counts as such a change. Because decrees are the foundation for every later modification and enforcement action, careful drafting at the front end prevents expensive disputes later.
Questions About Divorce in Travis County
How long do I have to live in Travis County before filing for divorce?
One spouse must have been a Texas resident for the preceding six months and a resident of the county where the case is filed for the preceding 90 days. Only one spouse has to meet both requirements, and the other spouse does not need to agree to the divorce.
Is there a waiting period, and can we skip it if we agree on everything?
The court cannot grant a divorce before the 60th day after the petition is filed, and agreement between spouses does not waive that. The exceptions are limited to family violence situations, such as a conviction or deferred adjudication for a family violence offense against the petitioner or household member, or an active protective order based on family violence during the marriage.
Does the 60 days start when my spouse is served?
No. The waiting period runs from the date the petition is filed, not the date of service. Service affects when the answer is due, not when the clock starts.
Is community property always split 50/50?
No. Texas requires a just and right division, which gives the judge discretion. Equal division is a common starting point in negotiation, but factors such as the circumstances of the spouses and the nature of the assets can lead to a different result.
Who qualifies for spousal maintenance in Texas?
The requesting spouse must first lack enough property, including separate property, to meet minimum reasonable needs. They must then fit a ground: a marriage of 10 years or longer with insufficient earning ability, a family violence conviction or deferred adjudication within two years before filing or while the case is pending, or an incapacitating disability. On the 10-year ground, there is a presumption against maintenance unless the spouse shows diligence in earning income or developing skills.
How much and for how long can maintenance be ordered?
Monthly maintenance cannot exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Duration is capped at up to five years for marriages of 10 to under 20 years, up to seven years for 20 to under 30 years, and up to 10 years for 30 years or more. A family violence ground allows up to five years even for a marriage under 10 years, and disability-based maintenance can last as long as the disability continues, subject to review.
Can my spouse and I use the same attorney?
Not in the traditional sense. In a cooperative divorce, Kevin Weber represents one spouse while working with both to resolve issues, and the other spouse proceeds without separate counsel. This works best for respectful, transparent couples. If there is significant conflict or either spouse is uncomfortable, each should have their own attorney.
We lived together for years but never had a ceremony. Do I need a divorce?
Possibly. Texas recognizes informal marriage if a couple signed and filed a declaration, or agreed to be married, lived together in Texas as spouses, and told others they were married. There is no minimum period of living together. If you separated and no one started a proceeding to prove the marriage within two years, the law presumes there was no agreement to marry, so timing is critical.
Will a protective order affect my divorce?
It can. A protective order against a spouse can open an exception to the 60-day wait and influences temporary orders and parenting arrangements. An order issued against a spouse who is party to a divorce lasts until the second anniversary of the final decree being signed.
My divorce decree is old and my parenting schedule is outdated. What can I do?
You can file a modification. Parents with existing possession orders must file one to move to the Expanded Standard Possession Order, which is now the default for new orders when parents live within 50 miles of each other. Any change to conservatorship or possession requires a material and substantial change in circumstances and a finding that the change serves the child’s best interest.
Do stepparents have standing to seek custody after a divorce?
The law narrowed standing for non-parents such as stepparents. The statute now refers to exclusive care, control, and possession of the child, which is a stricter test than the prior six-month standard. Whether a stepparent qualifies depends on the specific facts of the child’s living arrangement.
Serving Divorce Clients Across Travis County and Central Texas
Travis County is home to the city of Austin and a ring of communities that feed into its district courts. The firm represents spouses from downtown Austin, East Austin, South Austin, and North Austin through the Hyde Park, Mueller, Zilker, Bouldin Creek, and Clarksville areas, and into the Westlake Hills, Rollingwood, and Barton Creek communities. Families in Pflugerville, Manor, Lakeway, Bee Cave, Jollyville, Cedar Park’s southeastern edge, and Del Valle also rely on Travis County courts for family law matters.
Beyond Travis County, the firm serves clients in neighboring Williamson County, including Round Rock, Cedar Park, Leander, Georgetown, and Hutto, where divorces are filed at the district courts in Georgetown. It also handles cases for families in Hays County, including Kyle, Buda, Dripping Springs, and San Marcos, and in Bastrop County, including Bastrop, Elgin, and Smithville, where the 423rd District Court hears matters arising within the county. Wherever your case is filed, the firm prepares it for the court that will actually decide it.
Talk With a Travis County Divorce Attorney Before You File
The choices made in the first weeks of a divorce, including where to file, what temporary orders to seek, and whether to pursue agreement or prepare for trial, tend to shape everything that follows. A conversation with a Travis County divorce attorney at Oprea & Weber can clarify your residency, your timeline, and the realistic range of outcomes for your property, your children, and your finances.
Call the firm to schedule a consultation. You will speak with an attorney who will personally handle your case, explain your options in plain language, and help you decide whether a cooperative, mediated, or litigated path fits your family best.