Prepared to Deliver Strategic Results Austin Divorce Attorneys

Austin Divorce Lawyers

Legal Counsel You Can Trust

At Diggs & Sadler, our Austin divorce attorneys are committed to providing trustworthy and compassionate legal counsel to locals caught in the complexities and challenges of divorce cases and family law disputes. Our team is comprised of highly experienced and awarded lawyers with various backgrounds and insights, including some who have been recognized by Super Lawyers® for outstanding legal services. When the future of your family life is upended by a legal conflict, you’ll want a law firm as knowledgeable and reputable as ours to lead you through it. We know how to protect your best interests and pursue the results that you want while also attempting to preserve your relationship with the “opposing” side, so you don’t feel like you are losing someone important.

To work with our divorce attorneys in Austin, contact us online or call (512) 548-8355.

Our Austin Attorneys Can Help with the Following Case Types

Divorce: Divorce cases are often difficult to navigate, requiring a significant amount of resources and stress to resolve. We know Texas divorce laws, back to front, so we can help you find the best path forward in your case.
Child custody: Your parental rights are worth protecting. Let’s talk about custody arrangements that can help your child thrive after a divorce changes the family dynamic.
Property and assets: Our team can help you protect valuable property and navigate your property division case.
Mediation. Mediation is one of the best ways to save time, stress, and money during the divorce process. If you’re interested in mediation, or if a family court judge is requiring you to use mediation before moving to a divorce trial, let our attorneys know.
International divorce: If you are going through a divorce with someone in another country (international divorce), you can depend on our decades of combined experience to see you through this complicated process.
Alimony: Whether you want to request spousal support or push back against a spousal support request that seems unfair, you’ve found the right law firm to lend a professional hand.
Adoption: If you want to welcome a new family member through adoption, it would be our pleasure to work with you to adopt a child through means such as private or foster care adoption.
LGBTQ+ family law: Diggs & Sadler proudly stands with the LGBTQ+ communities of Texas. Come to our law firm if you need help understanding your rights as an LGBTQ+ member in a family law conflict, many of which might feel very new.
Coronavirus (COVID-19) and child support modification and enforcement: At Diggs & Sadler, our attorneys have worked proactively to help individuals navigate COVID-19-related child support modification and enforcement cases.

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Filing for Divorce in Austin, Texas

Diggs & Sadler is here to help you with all parts of a divorce, including the very first steps, such as serving divorce papers or knowing how to answer them if you’ve been served. When at our firm, you can take comfort in knowing that your divorce will start with the correct filing process. Oftentimes, many of the biggest obstacles in a divorce can be avoided by handling the filing process well, so the risk of complications or delays stays low.

Filing for divorce in Austin will usually involve:

Residency requirements: Before you can file for divorce, you must live in Texas as a legal resident for at least six months. If you want to file in Austin, then you specifically must live in Travis County for 90 days or more. Time spent in military service acts as residency time, even if you were stationed elsewhere.
Petition creation and filing: A divorce is technically a form of lawsuit in Texas. As such, you will first have to create a petition that outlines what you expect from the divorce, such as how to divide marital property. We can help you create the petition and then file it with the right family law court.
Official service: After the petition is filed in court, it must be officially served to your spouse, who is called the respondent. Your spouse can accept the petition as it is or decide to contest it. Either way, the response must come within 20 days. Let us arrange an official service, so your spouse can’t try to act like they never received the divorce papers.
Discovery process: You and your spouse will need to make detailed disclosures that explain your full financial situations and assets that could be relevant to the divorce. The information is exchanged and reviewed for discrepancies.
Mediation: Oftentimes, a Texas family law court will order both spouses to engage in good-faith mediation to try to resolve the divorce without the need for litigation. As always, our team will be right there to represent you during mediation, so you don’t have to worry about being coerced into giving up too much of what you want.
Litigation: If a fair compromise can’t be reached using mediation, then going to court for litigation and a trial might be the next best option. Your attorney will stand up for you in court, using all their insight and experience to argue on your behalf.

To schedule a consultation with our Austin team and receive the legal support you deserve, contact us online or via phone at (512) 548-8355.

Fault & No-Fault Divorces

In Texas, you can file for a fault-based or no-fault divorce, depending on the reasons why you want to end your marriage. We would be happy to sit down with you and decide which divorce type makes the most sense based on your specific situation.

In a fault-based divorce, you will cite specific, legally recognized reasons for filing a divorce petition. You are essentially blaming your spouse for the end of your marriage.

Common fault grounds for divorce in Texas are:

Adultery: One spouse can file for divorce in Texas based on the grounds of adultery if they can prove that the other spouse engaged in extramarital affairs during the marriage. Adultery can be a fault-based reason for divorce.
Cruelty: If one spouse can demonstrate that the other has been cruel or abusive during the marriage, this can be a basis for a fault divorce in Texas. Cruelty includes both physical and emotional abuse.
Felony conviction: If one spouse is convicted of a felony and sentenced to at least one year in prison, the other spouse can file for divorce on the grounds of the felony conviction.
Abandonment: If one spouse has "abandoned" the other for at least one year with the intent to abandon, this can be grounds for a fault-based divorce. Abandonment typically means the physical departure of one spouse from the marital home.
Living apart: If the spouses have lived apart without cohabitation for at least three years, this can be considered grounds for divorce in Texas. While it is a no-fault ground, it's different from the standard no-fault divorce option because

In a no-fault divorce, you will say that your marriage is irretrievably broken, so getting a divorce would help you both lead happier lives. You are not blaming anyone in specific, but just admitting that your marriage is no longer the best option for either of you.

In many situations, it is best to file for a no-fault divorce but change it to fault-based if the need arises. This reactive approach is used because a fault-based divorce will likely make your spouse defensive and hostile, which can slow the entire process down. However, citing specific wrongdoing by your spouse can be useful. It will shed light on real concerns that the court should know about. For example, if you want a divorce after being a victim of domestic violence, then the court will need to closely consider if your spouse should have any child custody rights.

Contested & Uncontested Divorces

Divorces in Texas can be contested or uncontested:

Contested: A divorce is contested when the respondent doesn’t agree to all the terms in the original divorce petition. Even wanting to change one thing can make the divorce contested.
Uncontested: A divorce is uncontested when the respondent agrees to the terms in the divorce petition and is ready to move forward without changing anything.

Our Austin divorce lawyers can help you with a contested or uncontested divorce. In both situations, it is worth taking a second look at everything to make sure that your best interests are respected. You should also not worry if the divorce is contested. With the right legal counsel, many contested divorces can be resolved in mediation, rather than litigation.

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The Diggs & Sadler Difference A Tradition of Excellence

A Team-Based Approach

When you hire one attorney at Diggs & Sadler, you receive the experience, knowledge and insight of our team.
Always Prepared for Trial

Our attorneys prepare for war so we can negotiate peace. We are not afraid to go to trial if it is in the client's best interest.
Strategic Representation

Each case is reviewed by our team to ensure we are crafting a case strategy that will help you achieve a satisfactory result.
We Put Clients First

At our firm, the client drives our goals. We put you and your needs first while focusing on providing a personalized approach for your unique case.

Let’s Talk About Divorce – Call Our Firm Today

Divorce shouldn’t be so intimidating that you are afraid of filing a divorce petition or don’t want to even consider all the terms in the divorce papers. With the help of our Austin divorce attorneys, we know that you will come to see that divorce can be a positive experience for both spouses by creating a path to a brighter future for everyone in the family. Let us know what is going on, and how you would like your divorce to proceed, and we can tell you what should happen next to get you to your goals.

Call (512) 548-8355 or contact Diggs & Sadler online to schedule a consultation.

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Austin Divorce FAQ

How long do divorces take to finalize?

We can’t give you a concrete answer to how long a divorce will take to finalize because all divorce cases are different. Some divorces will take a few months, but others might take longer than a year. The timeline will depend on many factors, such as fault, contests, child custody, and the overall willingness of you and your spouse to cooperate.

Is filing for divorce expensive?

Going through a divorce can cost several thousand dollars on average. However, the overall cost will depend on the specifics of your divorce and how much legal counsel you required. The more complicated a divorce, the more work a divorce attorney will need to put in to handle it. Also, a divorce that requires courtroom litigation will include specific court-related fees that other divorces do not.

Does Texas have common-law marriage?

Texas does recognize common-law marriage as a viable way to get married. Typically, two people can become married through common law if they agree to be married, cohabitate, present themselves as a married couple to the public, and can legally be wed to each other. Similarly, people who are married through common law can also seek a divorce, even though their marriage was not traditional.

Do I have to go to court for a divorce?

While it’s possible to finalize a divorce without going to court if both parties agree on all issues, many cases require at least one court appearance, particularly if there are disputes.

Even in uncontested divorces, one party may need to appear for a final hearing. However, mediation and collaborative divorce options can help couples resolve conflicts outside the courtroom.

What is the process for determining child custody?

In Texas, child custody is referred to as "conservatorship." Courts prioritize the best interests of the child when deciding custody arrangements, considering factors such as each parent’s involvement in the child’s life, the child’s preferences (if the child is over 12), and each parent’s ability to provide for the child’s emotional and physical needs. Joint custody is common, but the court may award sole custody in certain cases where it is deemed in the child's best interest.

Can I get spousal support in a divorce?

Texas has limited provisions for spousal support (also known as alimony). To qualify, one spouse must demonstrate a financial need and meet specific criteria, such as being married for at least 10 years and lacking the ability to meet their own minimum reasonable needs. The court may also award spousal support if the spouse requesting it has a disability, is caring for a disabled child, or the other spouse was convicted of family violence.

Can I modify my divorce order after it's finalized?

Yes, it is possible to modify certain aspects of a divorce decree, such as child custody, child support, and spousal support, if there has been a significant change in circumstances. For example, a change in income, relocation, or a change in the child’s needs might justify a modification. However, property division is generally final and cannot be modified after the divorce is completed.

What is the cost of getting a divorce?

The cost of divorce varies significantly depending on the complexity of the case and whether it is contested. Filing fees alone range from $300 to $400, and attorney fees can quickly add up if there are disputes over custody or property. Uncontested divorces are typically less expensive, especially if the parties can work together to negotiate an agreement without extensive legal intervention.

Can I represent myself in a divorce?

Yes, Texas law allows individuals to represent themselves in a divorce, known as proceeding "pro se." However, this is generally only advisable for simple, uncontested divorces with no children or significant assets. Divorce law can be complex, and even small mistakes in paperwork or legal strategy can have lasting consequences, so most people choose to hire an attorney for guidance.

Do I have to hire an attorney for my divorce?

While it is possible to go through a divorce in Texas without an attorney, the complexities and potential long-term consequences make professional legal representation highly advisable, especially in cases involving significant assets, child custody disputes, or contested divorces. An attorney can help you navigate the legal process effectively and achieve the best possible outcome for your unique situation.

Hiring an attorney for a divorce in Texas is often recommended for several important reasons:

Legal Knowledge: Divorce laws in Texas can be complex and subject to change. Attorneys have the legal knowledge and experience necessary to navigate the legal system, ensuring that your divorce proceedings are in compliance with current laws and regulations.
Protecting your rights: A lawyer is essential for protecting your legal rights and interests. They can ensure that you receive a fair and just settlement, especially in cases involving property division, child custody, and spousal support.
Objective advice: Divorce is an emotionally charged process, and having an attorney can provide you with objective advice and guidance. They can help you make rational decisions during a highly emotional time.
Document preparation: Divorce involves a significant amount of paperwork, from the initial filing to financial disclosures and settlement agreements. An attorney can assist with the preparation of these documents, reducing the risk of errors or omissions that could delay the process.
Negotiation and mediation: Lawyers are skilled negotiators. They can work on your behalf to negotiate with your spouse's attorney or facilitate mediation, which can lead to a more amicable and less costly resolution.
Court representation: If your divorce case goes to court, having an attorney is crucial. They can present your case, cross-examine witnesses, and argue on your behalf, ensuring your interests are protected in front of a judge.
Complex financial matters: Divorces often involve complex financial issues, such as the division of assets, debts, and spousal support. An attorney can help you navigate these financial complexities, ensuring you receive a fair share of the marital estate.
Child custody and support: When children are involved, child custody and support agreements must be established. A lawyer can advocate for your parental rights and help create a custody and support plan that serves the best interests of the children.
Post-divorce modifications: Even after the divorce is finalized, circumstances may change, necessitating modifications to child custody, support, or spousal support agreements. An attorney can assist in these post-divorce matters.
Reducing stress and mistakes: Divorce is a highly stressful process, and without legal representation, individuals may make costly mistakes due to stress or emotional turmoil. A lawyer can help you avoid these errors and reduce stress.

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