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Austin Divorce Attorney

Austin Divorce Attorney 

Dedicated & Affordable Legal Support for Families in Transition 

Divorce is the end of one chapter and the beginning of another. For families, this transition comes with unique challenges. Whether it’s managing the combination of financial, parenting, and emotional adjustments or navigating the complexity of Texas divorce laws, it’s a process that demands sound legal guidance and practical solutions. 

At The Knowlton Law Firm, we walk Austin families through this transitional period with care and dedication. We offer modern, cost-effective approaches to legal representation, helping you make informed decisions that are tailored to your unique circumstances. Whether your divorce is straightforward or involves significant complexities, we are here to help you manage the process and move forward toward a brighter future. 

We help with all aspects of divorce. Call (210) 361-6990 or contact us online to schedule your free consultation with an Austin divorce lawyer.

Demystifying the Texas Divorce Process 

Navigating the divorce process in Texas might seem overwhelming at first, but it becomes more manageable when you can see the road ahead of you. Here’s a breakdown of what to expect if you’re filing in Austin:

  • Residency Requirements. To file for divorce in Travis County, either you or your spouse must have resided in Texas for at least six months and in the county for at least 90 days.
  • Filing the Petition. The process begins with filing an Original Petition for Divorce at the Travis County District Court. This document outlines the issues to be resolved, such as property division or custody arrangements.
  • Serving Your Spouse. Legally notifying your spouse, known as "serving the petition," is a required next step. A constable or process server typically facilitates this process.
  • Response and Agreement. Once served, your spouse has the opportunity to formally respond. If you agree on all terms, you can move forward with an uncontested divorce.
  • Resolving Disputes. For disagreements, mediation can help resolve disputes. If an agreement still cannot be reached, court intervention may be necessary.
  • Finalizing the Divorce. After resolving all legal matters, the court issues a Final Decree of Divorce. This document finalizes agreements and makes the divorce official, typically after a 60-day waiting period.

How to Organize Financial Records for a Smoother Divorce

Organizing your financial documents not only simplifies the divorce process but also ensures fair outcomes. A little preparation upfront can save time and reduce stress later.

  • Gather Records of Assets: Collect documents for all shared and personal assets, including bank accounts, retirement plans, investments, real estate, and vehicles. Comprehensive records provide clarity during property division.
  • Document Shared Debts: Include information about credit cards, personal loans, and other liabilities. Proper documentation helps ensure debts are divided appropriately.
  • Compile Proof of Income. Bring pay stubs, business records, and tax returns for yourself and your spouse. This information will be critical in determining support obligations and dividing assets.
  • Track Monthly Expenses. Record routine expenses such as rent, utilities, childcare, groceries, and transportation. A full financial portrait helps establish a foundation for post-divorce financial arrangements.

Do You Qualify for an Uncontested Divorce? 

Uncontested divorces offer a straightforward way to dissolve a marriage, provided certain conditions are met. To qualify for an uncontested divorce in Texas, you and your spouse must agree on all major issues, including property and debt division, child custody and visitation, and child or spousal support. 

Additionally, it’s often necessary that neither spouse is seeking alimony, though this can vary. For families with children, a parenting plan must be finalized and submitted to the court for approval. If those matters can be resolved in advance, the process of filing and finalizing an uncontested divorce can move quickly and efficiently. 

Uncontested divorces are ideal for couples without significant disputes, as they save both time and legal fees. However, it’s still wise to seek legal counsel to ensure all paperwork is filed correctly and your rights are protected. 

When Should You File for a Contested Divorce? 

When couples disagree on critical issues, such as child custody, property division, or spousal support, a contested divorce becomes necessary. This type of divorce is often more complex, as it requires extensive negotiation and, at times, court intervention. 

Contested divorces may also be unavoidable if there is concern over hidden assets, a history of abuse, or allegations of parental unfitness. Texas courts require detailed documentation and thorough arguments to make determinations in these cases. While the process may take longer, it allows for equitable resolution of difficult disputes. 

By working with an experienced Austin divorce attorney, you can ensure your side of the story is heard and that you’re prepared for the legal hurdles ahead. 

Take control of your divorce with experienced legal support. Call (210) 361-6990 or reach out online to book your free consultation with Attorney Knowlton.

How Much Will Your Divorce Cost in Austin? 

The cost of divorce in Texas varies depending on the complexity of the case and the level of conflict between spouses. Some divorces involving children cost upwards of $15,000, while an uncontested divorce without significant disputes can range from a couple of hundred to a few thousand dollars. Filing fees alone start from $350 in Travis County, depending on the case details. 

At our firm, we work to offer modern, affordable options for families in Austin. For uncontested divorces, we charge a flat fee and even offer financing plans as low as $89 per month. For contested divorces, we break the process into stages and charge transparent flat fees based on the strategy we develop with you. This structure helps our clients avoid the stress of hourly billing and pay only for the services they need. 

How Is Child Custody Determined After Divorce?

Texas courts follow the “best interest of the child” standard when making custody decisions. Let's explore how this standard is applied, the different types of custody recognized under Texas law, and the key factors courts evaluate when making these life-impacting decisions. 

  • The Standard of “Best Interest of the Child”: Texas law requires courts to prioritize what will serve the child’s best interest. Judges often refer to the “Holley factors,” a set of guidelines that encompass the child’s desires (if age-appropriate), emotional and physical needs, parental abilities, and the stability of home environments.
  • Legal and Physical Custody (Managing and Possessory Conservatorship): Texas uses the terms “managing conservatorship” and “possessory conservatorship” to describe legal and physical custody. Managing conservatorship relates to decision-making authority over major aspects of the child’s life. Possessory conservatorship refers to where the child lives and the time they spend with each parent.
  • Joint Custody Preference. Courts generally prefer to appoint both parents as joint managing conservators. However, this does not guarantee equal physical custody. Instead, the specific schedule depends on factors like the parents’ ability to cooperate, the child’s needs, and logistical considerations.
  • Factors Courts Evaluate. Judges assess many elements, including the child’s current relationship with each parent, the home’s stability, proximity to the child’s school, any history of abuse or substance misuse, and parental involvement in the child’s life. Courts may also take the child’s preferences into account if the child is 12 years or older.
  • Court-Ordered Visitation. Non-custodial parents are typically granted visitation rights under a Standard Possession Order, which outlines specific days and times for visits, holidays, and summer vacations. For example, a typical arrangement might allow visits on the first, third, and fifth weekends of the month, with longer periods during summer.

If custody disputes arise, legal support is essential to protect your rights and advocate for an arrangement that supports your family’s unique situation.

How Can You Best Prepare for Your Free Consultation with Attorney Knowlton?

A well-prepared consultation ensures you get the most value from your meeting with Attorney Knowlton. Proper organization and clarity about your goals can make this initial step highly productive.

  • Gather Your Documents
    Prepare essential paperwork, such as financial statements, tax returns, property titles, and any agreements related to child custody or property division.
  • Prepare Questions
    Write down key questions about your unique concerns, such as the division of assets, child custody, or how Texas law applies to your situation. This helps you make the most of your time.
  • Clarify Your Goals
    Before your consultation, think about what outcomes matter most to you, whether it’s securing specific parenting arrangements or financial support. Sharing these priorities helps the attorney provide tailored guidance.
  • Be Honest About Your Situation
    Transparency is essential. Provide a clear picture of your circumstances so the attorney can offer accurate advice.

Why Should You Choose Our Firm to Help with Your Divorce? 

Our firm builds its practice around helping families in Austin transition through divorce with clarity, care, and compassion. Here’s what you can expect when you work with us: 

  • Free Initial Consultation. We offer an opportunity to evaluate your options at no cost. 
  • Flexible Meetings. Consultations are available in person, via phone, or Zoom. 
  • Payment Plans. With flat fees and financing plans starting at $89/month, we offer accessible legal options. 
  • Family Law Focus. By exclusively handling family law, we have tailored our approach to meet the unique needs of clients navigating divorces and custody cases. 
  • Direct Attorney Access. When you partner with us, you work directly with Attorney Brian Knowlton, ensuring personalized attention to your case. 

If you’re ready, call (210) 361-6990 or reach out online to schedule your free consultation. Together, we’ll work toward a strong foundation for your next chapter.

 

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