Austin Divorce Lawyer

Divorce is one of life’s most challenging transitions, requiring both legal knowledge and strategic planning to protect you and your family.

Contact Thompson Law at 512-222-8287 today to book a consultation with a highly experienced Austin divorce lawyer who will provide the legal knowledge and guidance you need when facing a divorce.

Why Choose Thompson Law?

Our Austin divorce attorneys at Thompson Law bring decades of combined experience handling divorce matters in the Austin area. We support you through every stage of your case, from initial filing through negotiations to courtroom advocacy when litigation becomes necessary.

You deserve representation from lawyers who understand the legal, practical, and emotional challenges divorce brings. At Thompson Law, we deliver personalized attention while maintaining an approach that is amicable when possible and aggressive when necessary.

Grounds for Divorce

Texas law recognizes both no-fault and fault-based grounds for dissolving a marriage. Most divorces proceed on the no-fault ground of insupportability, meaning the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship. Fault-based grounds include:

• Cruelty
• Adultery
• Conviction of a felony
• Abandonment
• Living apart for at least three years
• Confinement in a mental hospital for at least three years, with little chance of recovery

Insupportability requires no proof of wrongdoing by either spouse. Fault-based grounds may influence community property division and spousal support determinations, making your choice of grounds a strategic decision we advise on.

Types of Divorces Thompson Law Represents

Divorces present distinct circumstances and requirements that demand tailored legal strategies. Our Austin divorce attorneys handle cases ranging from straightforward uncontested matters to high-conflict disputes involving substantial assets and complicated child conservatorship arrangements.

Uncontested Divorce

When both spouses agree on all major issues in Texas, an uncontested divorce offers the fastest and most cost-effective path forward. We carefully draft comprehensive agreements that protect your interests while facilitating a smooth transition to your post-divorce life.

Contested Divorces Involving Child Conservatorship and Child Support

Disputes involving children are often the most emotionally intense elements of a divorce. Texas courts determine legal and physical custody (called conservatorship and possession/access in Texas) and support by applying the “best interests of the child” standard outlined in Texas Family Code Chapter 153. Factors the court typically considers include:

• Each parent’s ability to provide for the child’s physical and emotional needs
• The child’s current living situation and stability
• Any history of family violence or substance abuse
• Each parent’s past involvement in the child’s life
• The child’s preferences (if age 12 or older)

We provide strong advocacy for parenting arrangements that safeguard your relationship with your children while prioritizing their physical and emotional welfare. Our Austin divorce attorneys are well-versed in how courts assess these issues and present persuasive evidence to support your case.

Contested Divorces Involving High Asset Property Division

Texas follows community property principles. Most assets acquired during marriage belong equally to both spouses. Determining what constitutes separate versus community property requires careful analysis and strong advocacy from our experienced Austin divorce lawyers. Community property division considerations include the following:

• Separate property brought into the marriage
• Inheritances and gifts received during marriage
• Commingling of separate and community funds
• Business interests and professional practices
• Retirement accounts and pensions
• Real estate holdings
• Complex investment holdings

Separate property remains yours alone if properly documented and maintained throughout the marriage. We trace assets meticulously to establish their separate character and protect your financial interests during division proceedings.

Mediation and Settlement Negotiations

Most Texas divorces are resolved through settlement rather than trial. At Thompson Law, we represent clients in mediation, using thorough trial preparation to achieve favorable settlements that reflect the outcomes courts would likely order. Mediation typically occurs near the end of the divorce process, after discovery is complete and both parties understand the full scope of assets, debts, and contested issues.

During mediation, a neutral third-party mediator facilitates negotiations between spouses and their attorneys. Our team prepares clients thoroughly, advocates for their best interests, and works toward resolutions that provide certainty and control over the outcome. When mediation results in agreement, the terms are documented in a Mediated Settlement Agreement (MSA), which is binding and enforceable under Texas law.

In addition to formal mediation, we frequently assist clients in reaching settlements through direct negotiation with opposing counsel. These informal discussions can result in an Informal Settlement Agreement (ISA) that resolves some or all disputed issues without the mediation process.

Our extensive mediation experience, including our attorneys’ work as mediators, gives us valuable insight into how mediators think and how to navigate the process effectively to secure favorable outcomes for our clients.

High-Asset Divorce

Divorces involving substantial assets require meticulous strategy and comprehensive financial analysis. Our team works with forensic accountants, valuation specialists, and other professionals to precisely identify and value assets, ensuring proper characterization as separate or community property. High-asset considerations include:

• Stock options and restricted stock units
• Multiple real estate properties
• Investment portfolios
• Offshore accounts
• Intellectual property rights

Safeguarding your financial future requires attorneys experienced in complex asset structures and tax considerations. The Austin divorce attorneys at Thompson Law craft strategic plans designed to maximize your share of community property while minimizing tax liabilities.

Addressing Challenges in High-Net-Worth and Large Estate Divorces

High-net-worth and large-estate divorces present distinctive challenges that require coordinated legal and financial planning. We address both immediate divorce concerns and long-term wealth preservation objectives. Your divorce should not compromise years of careful estate planning. Our Austin divorce lawyers coordinate with estate planning professionals to protect your legacy while achieving favorable divorce outcomes.

Divorces Involving Business Owners

Business ownership adds layers of complexity to community property division proceedings. We work with valuation experts to establish accurate business values and develop buyout structures or continued co-ownership arrangements that protect your professional interests.

Divorces Involving Prenuptial Agreements

Prenuptial agreements can streamline divorce proceedings when properly executed and enforceable. However, challenging circumstances may render these agreements invalid or unconscionable. Factors affecting prenuptial validity are as follows:

• Full financial disclosure at signing
• Independent legal representation
• Absence of duress or coercion
• Fairness at the time of enforcement
• Proper execution of formalities

We analyze your prenuptial agreement thoroughly to determine its enforceability and develop strategies accordingly. Whether defending or challenging an agreement, we protect your interests through skilled advocacy.

Divorces Involving Complex Tax Situations or Bankruptcies

Financial challenges and tax obligations can greatly complicate divorce proceedings. At Thompson Law, we work closely with trusted tax advisors and bankruptcy professionals to create solutions that address immediate financial pressures while safeguarding your long-term financial stability throughout the divorce process.

Divorce Decree Modification and Enforcement

Life changes may require modifications to custody, support, or other provisions of the divorce decree. We help you demonstrate the substantial and material changes necessary to justify modification while protecting you against unwarranted modification attempts by your former spouse.

When your former spouse violates the terms of the divorce decree, swift enforcement action protects your rights. Under Texas law, we may pursue contempt proceedings, wage withholding, property liens, and other remedies to enforce court orders.

The Divorce Process in Austin, Texas

We understand and help clarify divorce procedures to help you make informed decisions throughout your case. Texas divorce proceedings follow established steps designed to ensure fair resolution of all issues:

• Residency Requirements: At least one spouse must have lived in Texas for six months and in the filing county for 90 days before filing. Meeting these requirements establishes the court’s jurisdiction over your case.
• Filing the Petition: The divorce begins when one spouse files an Original Petition for Divorce with the district court. Your petition outlines basic information about your marriage and the relief you seek.
• Discovery: Both parties exchange financial documents and other relevant information through formal discovery procedures. Discovery tools include interrogatories, document requests, and depositions that reveal assets and support positions on contested issues.
• Temporary Orders: Courts may issue temporary orders addressing conservatorship, possession and access, temporary support, and use of community property while the divorce is pending. These orders maintain stability during the process but do not determine final outcomes.
• Mediation: After discovery is substantially complete, most cases proceed to mediation, where parties attempt to resolve remaining disputes with the assistance of a neutral mediator. Successful mediation results in a binding settlement agreement.
• Hearing or Trial: If settlement negotiations and mediation fail, your case proceeds to a final hearing or jury trial. We present evidence and arguments supporting your position on property division, custody, support, and other contested matters.

Most divorces in Texas require a 60-day waiting period between filing and finalization. We use every available opportunity during proceedings to negotiate favorable settlements while thoroughly preparing for trial if necessary.

Ready to Speak With an Experienced Austin Divorce Lawyer? Contact Thompson Law Today

The attorney you choose can significantly influence both the outcome of your divorce and your long-term emotional and financial well-being. Thompson Law delivers strategic advocacy alongside compassionate guidance to support you through this challenging process.

Call 512-222-8287 or reach out online today to book your consultation with an Austin divorce lawyer who will fight unceasingly for your interests while guiding you toward a successful resolution.