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Protecting What Matters Most
Protecting What Matters Most
For personalized legal guidance and support, reach out to Evans Family Law Group. Our seasoned attorneys are dedicated to helping you through the divorce process with confidence and clarity.
Call us today at 512-628-2550 to schedule a free consultation and take the first step towards a better future.
Anyone considering a divorce in Travis County should know the Texas divorce laws. To file for divorce in Texas, you need to have resided in the state for a minimum of six months and in the specific county for at least 90 days. If you do not meet these residency requirements, you will need to wait until you do before filing your divorce petition.
Texas allows for no-fault divorces, meaning that neither spouse needs to prove that the other did something wrong to get a divorce. In Texas, the most common ground for divorce and the leading cause of divorce in the state is ‘insupportability,’ which refers to a situation where the marriage has become insupportable due to discord or conflict of personalities, making reconciliation unlikely. There is a mandatory 60-day waiting period after filing the divorce petition before it can be finalized, though this period can be extended if there are unresolved issues.
One important aspect of Texas divorce law is that a spouse cannot legally prevent a divorce. If one spouse wants a divorce, a judge will grant it even if the other spouse does not agree. This ensures that no one is trapped in an unhappy marriage against their will. These laws can help you through the legal process and set realistic expectations for your divorce.
The divorce process in Travis County involves several key steps, each requiring careful attention and adherence to legal protocols. The process includes:
Filing fees are due at the time of submitting the petition, and the petition must be on file for at least 60 days before a final hearing can occur. Most divorce cases are resolved outside of the courtroom through mediation, but if an agreement cannot be reached, the case will proceed to trial.
The first step in the Travis County divorce process is filing for divorce. This involves:
To file for divorce, you need to have been a resident of Texas for at least six months and a resident of Travis County for at least 90 days. These are the residency requirements that must be met before filing your divorce petition. Ensuring that you meet these requirements can prevent unnecessary delays in your divorce proceedings.
Once the divorce petition is filed, the next step is serving the other party with the divorce papers. This process involves officially notifying your spouse that a divorce proceeding has been initiated. In Travis County, the service of process can be carried out in several ways:
After serving the divorce papers, your spouse has a specific period to respond, usually 20 days. If they fail to respond within this timeframe, the court may proceed with the divorce based on the terms outlined in the petition.
Properly serving the other party ensures that the divorce process moves forward without unnecessary delays. It also provides a clear record that your spouse has been informed of the legal proceedings, which maintains transparency and fairness in the divorce process.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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Temporary orders regulate the situation between spouses during the divorce process. These orders can address financial rules, custody, and access to children, ensuring that both parties adhere to specific guidelines until the divorce is finalized.
A temporary order might stipulate that one parent has primary custody of the children during the week while the other parent has visitation rights on weekends. Additionally, it could outline financial responsibilities, such as who will pay the mortgage or other household expenses during the divorce proceedings. This ensures that both parties have clear expectations and that the children’s needs are met consistently. The court prioritizes the child’s best interests when making decisions regarding custody and support.
Obtaining temporary orders involves a court hearing where these issues are discussed. If the spouses cannot reach an agreement on their own, a mediator can help facilitate negotiations. These orders aim to maintain civility and stability during potentially rough times.
The final stage of the divorce process involves either mediation or court hearings to resolve any remaining issues. Mediation is often recommended and sometimes ordered by the court to help parties reach peaceful agreements, particularly on contested matters like child custody and support. During mediation, both parties work together with a mediator to try to reach a settlement without needing to go to court.
If mediation is unsuccessful, the case will proceed to trial, where a judge will make the final decisions. This could include a court hearing to determine a parenting plan if the parents cannot agree on their own. Finalizing a divorce can be difficult, but with the right legal representation, you can ensure that your interests are protected and that a fair resolution is achieved.
A Travis County divorce lawyer understands the intricacies of local family law and can handle the court system effectively, ensuring your rights are protected throughout the divorce process.
Our divorce lawyers at Evans Family Law Firm can provide you with the following services:
By partnering with Evans Family Law Firm, you gain a partner who is dedicated to supporting you throughout the process.
The right family law attorney can help you ensure a fair outcome. From filing the initial divorce petition to finalizing your divorce, our team of Austin divorce lawyers at Evans Family Law Firm is here to protect your interests and provide precise legal guidance at every step.
At Evans Family Law Group, we handle a wide range of divorce cases, each with its unique challenges and requirements. Our experience extends to agreed or uncontested divorces, where both parties work together to reach a mutually beneficial agreement without going to court. These types of divorces are often less stressful and more cost-effective, allowing for a smoother transition for all involved.
We also manage contested divorces, which involve disputes over critical issues such as child custody, spousal maintenance, and asset division. In these cases, a divorce lawyer will advocate for your rights and ensure a fair result. Our team is skilled at handling these complex disputes and offers strong, strategic representation.
For high-net-worth divorces, we offer specific handling to address the significant assets involved. These cases often require detailed property valuation and tracing, ensuring that all marital assets are accounted for and divided equitably.
Additionally, we are experienced in managing military divorces, which come with their own set of unique challenges and considerations.
No matter the type of divorce case, our firm is committed to providing dedicated legal guidance and support.
Child custody and support are among the most essential issues in a divorce. In Travis County, decisions regarding child custody are made based on the best interest of the child, considering factors such as the child’s physical and emotional needs and the stability of each parent’s home environment. Joint custody is often encouraged to maintain the child’s relationship with both parents.
Non-custodial parents are generally required to pay child support to assist with the child’s living expenses. It’s important to note that late child support payments accrue interest over time, and non-compliance can lead to severe consequences, including criminal charges and contempt of court rulings.
Specific rules during the divorce proceedings ensure that children are not taken out of Texas without permission or removed from regular activities without consent.
A well-thought-out parenting plan is key to ensuring smooth co-parenting after divorce. A parenting plan should:
A detailed parenting plan can help avoid conflicts and ensure that both parents are on the same page regarding their child’s upbringing. It provides a clear framework for decision-making and helps maintain stability and consistency in the child’s life.
Child support in Texas is determined by the net resources of the parent who is making the payments. This ensures that the amount is equitable and reflective of the parent’s financial situation. Factors such as the child’s special needs and the financial means of the obligor influence the amount of child support. The Attorney General’s office provides a child support payment calculator to help determine the appropriate amounts. If applicable, the District Clerk can assist with setting up an account for child support payments.
Property division is a large aspect of any divorce, particularly in Texas, which is a community property state. This means that most assets and debts gained during the marriage are considered equally owned by both spouses. However, the division of assets is not always equal; the court aims for a ‘just and right’ distribution, considering various factors.
Financial misconduct, infidelity, or abuse by a spouse can impact the final distribution of assets. The court’s goal is to ensure a fair division that reflects the unique circumstances of each case, rather than a strict 50/50 split.
A fair division of assets in a Texas divorce requires the identification of community versus separate property. Community property includes most assets and debts acquired during the marriage, regardless of which spouse holds the title. Separate property, on the other hand, includes assets owned before the marriage or received as gifts or inheritances during the marriage.
For example, a house purchased during the marriage is usually considered community property, but if separate funds were used for the down payment, it might be partially separate property. Retirement accounts accumulated during the marriage are generally considered community property and subject to division upon divorce.
Complex property division involves addressing high-value assets, businesses, and retirement accounts. These cases often require detailed property valuation and tracing to ensure an equitable division. Dividing a business during a divorce can be particularly challenging and often necessitates a valuation expert to determine its worth.
High-value assets can lead to intricate division processes, necessitating detailed appraisals and expert testimony. These difficult issues require experienced handling to guarantee fair division of all assets and rightful share for both parties.
Spousal support is determined based on several factors, including the income of each spouse, the length of the marriage, and the grounds for divorce. In Texas, eligibility for spousal support requires proving an inability to meet minimum reasonable needs post-divorce. Spousal support may be awarded if the paying spouse committed family violence or if the marriage lasted at least ten years.
The court has control over determining the amount and duration of spousal support, allowing for case-specific adjustments based on the circumstances. For example, spousal support can be up to $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is lower. The duration of spousal support depends on marriage length: up to 5 years for marriages of 10-20 years, up to 7 years for 20-30 years, and up to 10 years for 30+ years.
Please be aware that legal regulations including potential dollar amounts or duration of spousal support may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.
A successful outcome in your divorce or family law case hinges on selecting the appropriate family law attorney. It’s important to carefully research and consider the attorney’s experience in family law. At Evans Family Law Group, our exclusive focus on family law matters ensures that we provide dedicated legal guidance and support specifically tailored to your needs. Since our establishment in 2009, we have been trusted by families throughout Travis County and the greater Austin area.
We pride ourselves on our commitment to clients. We understand that every family law issue is unique, and we take the time to understand the details of each case to set our clients up for success. Whether you are dealing with a straightforward uncontested divorce or a complex, high-net-worth case, our knowledgeable legal team is here to provide the representation you need. By focusing on personalized strategies, we help clients increase their odds of staying out of court and reaching amicable resolutions.
At Evans Family Law Group, we are dedicated to understanding each client’s unique situation and providing personalized legal guidance. Our approach is to direct all efforts toward achieving the best possible outcomes for our clients, whether that means being aggressive in court or amicable in negotiations. We believe in equipping our clients with the knowledge they need to make informed decisions for themselves and their families.
Our attorneys at Evans Family Law Group have decades of experience in family law. James W. Evans, the principal attorney, has been practicing family law since 1995 and is Board Certified in Family Law by the Texas Board of Legal Specialization. With over 100 jury trials to his credit, he brings a wealth of courtroom experience to every case he handles.
We have handled thousands of trials, showcasing our extensive knowledge and commitment to effective representation. Our legal team is well-versed in handling complicated divorce cases, providing strategic and robust advocacy to ensure a fair resolution for our clients. Whether you need assistance with court proceedings, mediation, or any other aspect of the divorce process, we are here to help you with confidence and clarity.
If you’re facing a divorce or family law issue, don’t go through it alone. Contact Evans Family Law Group today for legal guidance and support. Our experienced Travis divorce attorneys are here to help you navigate the complexities of divorce and ensure your rights are protected.
Call us now at 512-628-2550 to schedule a free consultation and take the first step towards a better future.
Client Reviews
2 months ago 
I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
The duration of the divorce process in Travis County can vary significantly depending on the difficulty of the case. While the mandatory waiting period is 60 days, more complicated cases involving disputes over child custody or asset division can take six months or longer. It’s essential to work closely with your attorney to ensure all paperwork is filed correctly and deadlines are met to avoid unnecessary delays.
Yes, child custody arrangements can be modified after the divorce is finalized if there is a substantial change in circumstances. This could include changes in a parent’s living situation, employment, or the needs of the child. To modify custody, you will need to file a petition with the court and demonstrate that the changes are in the best interest of the child.
If you suspect your spouse is hiding assets, inform your attorney immediately. There are legal tools and forensic accountants available to uncover hidden assets and ensure a fair division of property. The court takes asset concealment seriously and can impose penalties on the spouse attempting to hide assets.
Mediation is not mandatory in all divorce cases, but it is strongly encouraged and often ordered by the court, especially in contested divorces. Mediation provides an opportunity for both parties to reach an amicable agreement outside of court, which can save time and reduce legal expenses. If mediation fails, the case will proceed to trial where a judge will make the final decisions.
Spousal support is determined based on several factors, including the length of the marriage, each spouse’s financial situation, and the ability of the requesting spouse to meet their minimum reasonable needs. The court also considers whether one spouse committed family violence or if the marriage lasted at least ten years. The amount and duration of spousal support are case-specific and are designed to provide temporary financial assistance to the lower-earning spouse.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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