Divorce Lawyers in Austin, Texas
Divorce involves dissolving a marriage and resolving issues like property division, spousal support (alimony), child custody, and debt allocation. States split property either as community property or by equitable distribution. In a community property state such as Texas, most assets and debts acquired during the marriage are divided between the spouses. A divorce attorney helps you understand your rights, negotiate fair terms, and represent you in court if needed.
Divorce Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Divorce Situations in Austin
- Uncontested divorce (both parties agree on terms)
- Contested divorce (disputes over property, custody, or support)
- High-asset divorce involving complex property division
- Military divorce with special federal considerations
- Divorce involving business ownership
- Modification of existing divorce decrees
Frequently Asked Questions
How is property divided in a divorce?
It depends whether your state uses community property or equitable distribution. In a community property state such as Texas, assets and debts acquired during the marriage are subject to a "just and right" division — which does not always mean 50/50. Separate property (owned before marriage or received as a gift/inheritance) typically stays with that spouse.
Do I need a lawyer for an uncontested divorce?
While you can file an uncontested divorce without an attorney, having one review the agreement protects you from unknowingly giving up rights — especially regarding property, retirement accounts, or future support obligations.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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