Divorce Lawyer in Austin

Board-Certified. Over 30 Years in Family Law. Direct Representation for Your Austin Divorce.

Divorce reshapes property, custody, and financial stability in ways that last long after the final decree is signed. Attorney Melissa Williams has spent over 30 years practicing exclusively in family law, and she brings that depth of focus to every divorce case she handles in Austin and throughout Travis County. She is board certified in family law by the Texas Board of Legal Specialization, a credential that requires demonstrating advanced knowledge through rigorous examination and is held by a small fraction of Texas attorneys.

In 2026, Attorney Williams was recognized in The Best Lawyers in America for Family Law, Family Law Mediation, and Collaborative Law: Family Law. She has been named to the Texas Super Lawyers list and to the Texas Super Lawyers Rising Stars list, a distinction reserved for just 2.5% of Texas attorneys. She is rated 10/10 Superb on Avvo and maintains a consistent 5-star Google rating. When you work with our firm, you work directly with Attorney Williams from the first call through the final decree. There is no rotating team, no handoff to associates.

We handle contested, uncontested, collaborative, and military divorce matters. If you’re ready to speak with an Austin divorce lawyer, call us at (512) 271-2063.

How We Approach Every Divorce Case

Formulaic legal work doesn’t serve divorce clients well, and we don’t practice that way. Every case begins with a thorough assessment of what’s at stake: how property is characterized under Texas community property law, what conservatorship arrangement serves the children, what support obligations apply, and how temporary orders should be handled while proceedings are pending. That preparation shapes every negotiation and, when necessary, every argument made in a Travis County courtroom.

Attorney Williams handles both negotiated settlements and contested litigation. Over 30 years of practice in the same jurisdiction means she understands how local judges evaluate the issues that matter most to her clients. That knowledge is valuable when the other side won’t settle reasonably.

Divorce matters we handle include:

Step-by-Step Guide to Filing for Divorce in Texas

The Texas divorce process follows a defined sequence, and a mandatory 60-day waiting period applies from the date of filing before any divorce can be finalized, even when both spouses are in full agreement. Here is a summary of the process:

• Petition – One spouse files an Original Petition for Divorce with the district court in the county where either spouse resides. The filing spouse is the Petitioner; the served spouse is the Respondent. If both spouses file together, the Respondent may sign a waiver instead of being formally served.
• Temporary Restraining Order – Not required, but the Petitioner can request one. A Temporary Restraining Order can:
  • Freeze assets until the court divides them
  • Prohibit both spouses from threatening or harassing each other
• Answer – The Respondent files a response to the divorce petition.
• Temporary Orders – The court may issue temporary orders governing custody, visitation, support, and property use while the divorce is pending. These orders may change when the divorce is finalized.
• Discovery – Both parties exchange financial documents and other relevant information.
• Discussion – With their attorneys or a mediator, the spouses work to resolve all aspects of the case. If they reach a full agreement, they file an Agreed Decree of Divorce, signed by both spouses, their attorneys, and the judge.
• Trial Date – If the spouses can’t agree on all matters, the court sets a trial date.
• Mediation – Before trial, the spouses must go through mediation in an effort to resolve remaining disagreements.
• Trial – If mediation fails, the case proceeds to trial. The judge rules on unresolved matters and issues a Final Decree of Divorce binding on both parties.

Your Rights & Options in a Texas Divorce

Texas is a community property state, which means assets and debts acquired during the marriage are generally subject to division. Property owned before the marriage, or received as a gift or inheritance, is typically treated as separate property and not subject to division. The distinction matters significantly in cases involving real estate, business interests, and retirement accounts.

Texas courts divide community property in a manner that is “just and right,” not automatically 50/50. Earning capacity, health, education, custody of children, and evidence of wasteful spending or fraud all influence how assets are distributed. Attorney Williams provides transparent, honest counsel about what that means for your specific situation so you can make decisions with clear expectations, not guesswork.

Key rights and options to understand during your divorce:

• Property Division: Understand how Texas community property law applies to your marital estate, including what qualifies as community versus separate property.
• Spousal Support: Texas recognizes two forms: court-ordered spousal maintenance, which requires meeting specific eligibility criteria, and contractual alimony, negotiated between the parties.
• Child Support: Child support in Texas is calculated under state guidelines based on the paying parent’s net resources and the number of children.
• Modification of Orders: Post-decree modifications to custody, support, or property arrangements are available when there has been a material and substantial change in circumstances since the original decree.

No two divorces are the same, and understanding your rights early can make a material difference in how your case unfolds. Attorney Williams keeps clients informed at every stage so their decisions align with their actual goals.

Texas Divorce FAQs

Below are answers to questions Austin residents commonly ask about divorce in Texas. Contact our firm for information specific to your situation.

How Much Does It Cost to Get a Divorce in Austin, Texas?

Costs vary depending on whether the divorce is contested or uncontested, the complexity of the marital estate, and whether expert witnesses are needed. An uncontested divorce may cost between $500 and $2,000 in legal fees; a contested divorce can range from $5,000 to $25,000 or more. Additional costs may include court filing fees, mediation fees, and custody evaluation costs.

How Long Does a Divorce Take in Austin?

An uncontested divorce can be finalized in as little as 60 days, which is Texas’s mandatory waiting period. A contested divorce involving complex property division, child custody, or spousal support disputes can take several months to over a year, depending on the specifics of the case and the court’s schedule.

What Is the Wife Entitled to in a Divorce in Texas?

Texas divides marital property under community property law, meaning assets and debts acquired during the marriage are subject to division between both spouses.

A wife may be entitled to:

• A fair share of community property: This includes marital homes, vehicles, bank accounts, retirement accounts, and other marital assets.
• Spousal support (alimony): Depending on the length of the marriage and the financial circumstances of both parties, a wife may be eligible for temporary or permanent spousal support.
• Child support: If children are involved, the wife may receive child support payments to help cover the costs of raising them.

Is Everything Split 50/50 in a Divorce in Texas?

No. Texas courts divide community property in a manner that is “just and right,” which isn’t necessarily an equal split. The court considers earning capacity, education, health, the needs of the children, and any evidence of wasteful spending or fraud. This approach allows for a division tailored to the unique circumstances of each case.

How Do I Start the Divorce Process in Austin?

You or your spouse must file an Original Petition for Divorce with the district court in the county where either of you resides. After filing, the Petitioner must ensure the Respondent is formally served. The Respondent then has a set time frame to file an answer. From there, the process may involve temporary orders, discovery, mediation, and possibly trial if the parties can’t reach an agreement.

Do I Need a Lawyer to File for Divorce in Austin?

It’s possible to file without an attorney, but legal representation is strongly advisable when your divorce involves significant assets, child custody disputes, or spousal support. An experienced Austin divorce attorney can protect your rights and help you navigate each stage of the process.

Can We Use Mediation to Settle Our Divorce in Austin?

Yes. In Travis County, mediation is required before trial, and it’s often an effective way to resolve disputes without going to court. A neutral mediator helps both spouses negotiate property division, custody, and support. When it works, mediation is often faster and less costly than litigation.

What Happens If My Spouse Refuses to Sign the Divorce Papers?

Your spouse’s refusal doesn’t stop the divorce. The case becomes contested, and the court schedules hearings to address the unresolved issues. A judge can grant the divorce even over one spouse’s objection based on the evidence presented.

How Is Child Custody Determined in a Texas Divorce?

Texas courts determine custody based on the best interests of the child, considering physical and emotional needs, the parenting abilities of each parent, home stability, and the child’s existing relationship with each parent. The goal is an arrangement that supports the child’s well-being and preserves meaningful relationships with both parents wherever possible.

Can I Modify My Divorce Decree in Austin?

Yes. A decree can be modified when there has been a material and substantial change in circumstances since it was issued, such as a significant change in income, a relocation, or a change in a child’s needs. You’ll need to file a petition with the court and demonstrate that the change warrants a revision.

Is Texas a No-Fault Divorce State?

Texas allows no-fault divorces, meaning neither spouse needs to be “at fault” to file. Insupportability (incompatibility) is the most common ground. That said, fault alleged in the petition can still influence property division, spousal support, and custody decisions.

What Are the Grounds for Divorce in Texas?

Texas recognizes both no-fault and fault-based grounds for divorce:

• Insupportability (no-fault)
• Living apart
• Confinement in a mental hospital
• Cruelty
• Abandonment
• Felony
• Adultery

What Are the Residency Requirements for Divorce in Texas?

Two requirements apply before filing:

• At least one spouse must have lived in Texas for a minimum of six months
• The filing spouse must have resided in the county where the petition is filed for at least 90 days

What Is a Collaborative Divorce?

Collaborative law, established in the 1990s, allows both spouses and their attorneys to work together outside of court to resolve all aspects of the divorce. Rather than litigating against each other, both sides participate in a structured negotiation process aimed at reaching a mutually acceptable agreement.

Does Texas Allow for Legal Separation?

Texas doesn’t recognize legal separation as a legal status. Couples who want to live apart without formally ending the marriage may use a separation agreement to define their respective rights and obligations in the meantime.

Why Legal Representation Matters in a Travis County Divorce

A divorce that looks straightforward at the outset can become complicated quickly. Property characterization disputes, contested conservatorship, and support disagreements each require an attorney who prepares thoroughly and understands how Travis County District Courts handle these issues. Filing errors, missed deadlines, and procedural missteps can create disadvantages that are difficult to undo.

Most Texas divorces settle before trial, which means negotiation and mediation skills carry as much weight as courtroom ability. Attorney Williams prepares every case as if it will go to trial. That preparation strengthens her position at the negotiating table and helps clients avoid unfavorable settlements because the alternative wasn’t fully developed.

Key advantages of working with our firm:

• Board-certified family law attorney. Attorney Williams holds board certification from the Texas Board of Legal Specialization in Family Law, demonstrating advanced knowledge recognized by the state’s credentialing body.
• Over 30 years in Travis County courts. Decades of practice in the same jurisdiction means real familiarity with local procedures and judicial expectations.
• Direct attorney access throughout your case. You work with Attorney Williams personally, not paralegals or junior associates handling primary strategy.
• Exclusive family law focus. Because we handle only family law matters, every case receives undivided attention.

Choosing the Right Divorce Attorney in Austin

The attorney you select shapes every aspect of your case: how your property interests are protected, how custody arguments are framed, and how you’re advised at each decision point. Attorney Williams holds board certification in family law by the Texas Board of Legal Specialization and was recognized in the 2026 Best Lawyers in America edition for Family Law, Family Law Mediation, and Collaborative Law: Family Law, as well as on the Texas Super Lawyers list. Our practice is limited to family law, and every client works directly with Attorney Williams.

When evaluating an Austin divorce attorney, consider:

• Local court familiarity: Attorneys who regularly handle cases in Travis County District Courts understand how judges approach contested matters and what the court’s filing requirements are.
• Verifiable credentials: Board certification and peer-recognized distinctions like Best Lawyers in America reflect a demonstrated level of practice in the field.
• Direct communication: Your attorney should keep you informed in terms you understand and help you weigh each option against your actual goals.
• Tailored case strategy: No two families are identical. Look for an attorney who builds an approach specific to your circumstances rather than applying a standard template.

Get the Support You Need During Your Divorce

At our firm, we have over 30 years of experience helping families through every type of divorce case. We know how overwhelming the process can feel, and our goal is to ease that burden. You deserve clear guidance, honest advice, and an attorney who is fully invested in your case from start to finish. Clients rely on Attorney Williams for the caring, capable, and personally delivered representation that a decision this significant requires.

To set up a consultation with Attorney Melissa Williams, reach out to our firm at (512) 271-2063.