A Travis County divorce lawyer handles the legal end of a Texas marriage and the property, custody, and support issues that come with it. RRK Law takes calls from people who are filing, who have just been served, or who are in the middle of a case and need urgent help with temporary orders, emergency protection, or settlement negotiations.
Texas is a community-property state. Property and debts acquired during the marriage are presumed community unless proven separate under the Texas Family Code. Most divorces are resolved by negotiation or mediation, but litigated outcomes follow the same statutory framework: just and right property division, conservatorship based on the best interest of the child, possession orders, and child or spousal support where the facts support it.
Nothing on this page is legal advice. The right approach in any specific divorce depends on the marital estate, the children involved, the parties' positions, and any urgent safety or financial issues already in motion.
Need help now? Call RRK Law: (512) 436-2779 — free consultation for Austin, Travis County, and Williamson County.
How a Travis County Texas divorce begins
An Original Petition for Divorce is filed in the District Court of a county where at least one spouse has resided for the preceding 90 days (and the residency requirement of 6 months in Texas applies). Service of citation on the other spouse begins the formal case. The respondent has a deadline to file an Answer under the Texas Rules of Civil Procedure.
Texas has both no-fault grounds (insupportability) and fault-based grounds (cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital). Fault grounds can affect property division and, in some cases, support, but the most common ground is no-fault insupportability.
There is a mandatory 60-day waiting period between filing and the earliest date a divorce can be finalized in most cases (with exceptions for family violence). Most cases take longer than 60 days, particularly where there are children or significant property issues to resolve.
Temporary orders, emergency orders, and protective orders
Temporary orders under Texas Family Code Chapter 6 cover the period between filing and final decree. They typically address temporary possession of the residence and vehicles, temporary use of bank accounts, temporary support, temporary custody arrangements, and any restraining orders needed to keep things stable during the case.
Temporary restraining orders (TROs) can be issued without notice in some circumstances to preserve the status quo on assets, prevent harassment, or address immediate child-safety concerns. A TRO is followed by a temporary injunction hearing on notice within 14 days under Texas Rule of Civil Procedure 680.
Where there is family violence, an emergency protective order under Code of Criminal Procedure Article 17.292 can be obtained through a related criminal case, or a civil protective order under Family Code Chapter 85 can be sought directly. These run on faster timelines than ordinary divorce orders.
Local courts and procedure in Travis County
Travis County divorces are filed in the Travis County District Courts that hear family matters at the Heman Marion Sweatt Courthouse in downtown Austin. A small number of Travis County District Courts handle the bulk of family cases.
Most cases include a court-ordered mediation step before any contested final hearing. The mediator is typically a family-law attorney or retired judge selected by the parties. Mediated settlement agreements that comply with Texas Family Code §6.602 (in divorce) and §153.0071 (in SAPCR) are binding once signed.
Contested issues that do not resolve at mediation go to a final hearing before the judge (jury trials are available on limited issues in family cases — primarily the characterization of property as community or separate). Decrees can be appealed, but the standard of review for many family-court decisions (especially custody and possession) is highly deferential to the trial court.
Property division, custody, and support
Property division. Texas law requires a "just and right" division of the community estate. That does not always mean 50/50 — courts consider factors like earning capacity, fault, fraud on the community, custody of children, and health. Separate property (acquired before marriage, by gift, or by inheritance) is not divided but must be proven separate by clear and convincing evidence under Family Code §3.003.
Conservatorship and possession. Conservatorship is Texas's term for what other states call custody. The Family Code presumes joint managing conservatorship in most cases. Possession (visitation) follows either the Standard Possession Order under Family Code Chapter 153 or a modified order agreed to by the parties or ordered by the court based on the best interest of the child.
Child support. Texas calculates child support primarily from the obligor's net monthly resources, with guideline percentages set by Family Code §154.125 (currently 20% for one child, scaling up). Health insurance, dental, and uninsured medical expenses are addressed separately. Spousal maintenance (alimony) is available in limited circumstances under Family Code Chapter 8.
How RRK Law handles a Travis County divorce
Call (512) 436-2779. The first call confirms the urgent issues — is there a safety concern, is anyone moving money or property, are there immediate custody flashpoints — and sets the scope of the engagement.
The intake gathers the petition (if filed or served), any temporary or protective orders already entered, a list of major assets and debts, and a high-level summary of the custody situation. A short engagement letter follows once scope is clear.
Most cases benefit from a measured approach — preserving the status quo, gathering financial information, and pushing toward mediation. Litigated decrees are sometimes necessary, but most matters resolve by negotiated settlement or mediated agreement.
How long does a Texas divorce take?
The minimum is 60 days from filing under Texas Family Code §6.702 (with exceptions for family violence). Uncontested divorces with no children and limited property can finalize close to that minimum. Contested cases routinely take six months to over a year depending on discovery, custody disputes, and mediation timelines.
Is Texas a 50/50 community property state?
Texas is a community-property state, which means property acquired during the marriage is presumed community. The Family Code requires a "just and right" division of community property — that does not always mean 50/50. Separate property (acquired before marriage, by gift, or by inheritance) is not divided if proven separate by clear and convincing evidence.
Where do I file a Travis County divorce?
Divorces are filed in the District Court of the county where one spouse has resided for the preceding 90 days, provided one spouse has resided in Texas for the preceding 6 months under Family Code §6.301. Travis County divorces are filed in the Travis County District Courts in downtown Austin.
Can I get an emergency order during a divorce?
Yes, in appropriate circumstances. Temporary restraining orders under Texas Rule of Civil Procedure 680 can issue without notice to preserve assets, prevent harassment, or address immediate child-safety concerns. Emergency protective orders are available where there is family violence. A temporary injunction hearing on notice typically follows within 14 days.
Are these calls confidential even if I do not hire the firm?
Yes. Communications with a lawyer for the purpose of obtaining legal advice are protected by the attorney-client privilege under Texas Rule of Evidence 503, and that protection generally applies to initial consultations whether or not the client retains the firm. Do not include third parties in the call (other than co-clients) because the presence of an outsider can waive the privilege.
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