Austin Divorce Attorney

Empowering Clients. Achieving Results.

Austin Divorce Attorney

During the process of ending a marriage, both spouses typically undergo tremendous emotional strain. The legal process involved in either a divorce or an annulment is complex and includes a wide spectrum of issues, like distribution of property, child custody, spousal support, and child support. Divorce can have profound consequences with the potential for long-lasting effects on a person’s finances and property.

If you are considering divorce, you should consult with an Austin divorce attorney. Kirker Davis LLP has years of experience dealing with family law issues in Austin and can provide you with sound legal counsel on your ideal course of action.

Get In Touch With a Divorce Lawyer

Types of Divorce

There are many ways a divorce can proceed and many circumstances under which a divorce can become more or less challenging. Some common divorce issues include:

Uncontested Divorce

An uncontested divorce is a situation in which both parties are in agreement about how the separation should be carried out. While you may agree on the big picture issues, the implementation of your separation can be difficult to negotiate. Your divorce lawyer can come to fair terms with your ex or their attorneys.

Contested Divorce

When a divorce is “contested” it means the parties involved cannot come to an agreement on an issue. In these cases, the divorce may proceed to a trial setting, where a ruling will be made. While it’s usually best to come to an agreement with your ex, some points are non-negotiable and worth fighting for. An Austin divorce attorney can help you determine which points you are most likely to win and which contentions might not be worth your energy in the long run.

Holly R. Davis

“Emotionally intelligent divorce is a type of divorce that takes place when a person decides that they would like to make the best possible decisions for their future self and future goals. It’s when a person decides that they do not want to burn their history, family, and lives to the ground, but instead transition out of a relationship and into their future.”

Get in touch

Mediated Divorce

In a mediated divorce, the spouses or their lawyers meet with a neutral third-party mediator in an attempt to find a fair solution to their differences. A mediator can help the separating individuals find common ground or sustainable compromises. Having your lawyer present can do a lot to ensure the deal doesn’t favor your spouse.

Collaborative Divorce

A collaborative divorce is a divorce in which both parties try to work together to expedite the process. This works best when both individuals are willing to negotiate to avoid taking the matter to court, where the process would become more costly and time-intensive.

Divorces Involving Businesses

Divorces that involve businesses can have additional complications. Whether it’s a family business passed from previous generations or a fresh startup, it will need to be properly categorized and divided between the divorcing spouses. A business divorce attorney from Kirker Davis LLP can help you understand how your divorce will affect your business.

Professional Divorces

When you’re a professional, your time is incredibly limited and valuable. While it may be difficult to juggle the demands of a challenging career while going through a divorce proceeding, our experienced attorneys can help you understand better and make it through the process.

High Net Worth Divorce

Divorces between two individuals who have a high net worth are almost always made more complex by the money involved. Because marriage is considered a sort of partnership, any wealth you’ve accrued while you were with your spouse must be divided in a relatively even way, regardless of who earned the wealth. You probably want to keep what you see as unearned wealth out of your ex’s pocket, but it is illegal to hide assets during a divorce. An Austin divorce attorney can help you remain transparent and preserve as much of your wealth as allowed.

High Asset Divorce

In a divorce, all your community assets will have to be split up between you and your former spouse. Coming to an agreement on how to divide high-value assets between the two of you can be a complicated ordeal and it is unlikely that you will reach an easy agreement. Texas law says assets must be divided in a way that is “just and right.” We can help argue on your behalf for an outcome that is fair and maintains a claim on the items you hold most dear.

Modification of Divorce Decrees

When a divorce is all said and done, the court will issue a divorce decree, a document that finalizes the divorce. It should be reviewed and all deadlines set forth within it should be followed. However, sometimes people can’t perform the duties outlined in their divorce decree and need to modify them. An attorney from Kirker Davis LLP can help you through the modification process if you or your ex cannot meet the terms of your divorce decree.

If you are seeking a divorce, understanding exactly what your situation is can be extremely important to help you figure out what courses of action are possible.

Other Areas Involved in Types of Divorce

Divorce Arbitration

Legal Separation

LGBTQ Divorce

Pet Custody


Grounds for Divorce in Austin

Under Texas law, the Court may grant a divorce on grounds of insupportability, which is described by the statute as a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; insupportability essentially operates as a no-fault provision for divorce. So, your divorce, like the divorces of a majority of couples, may be considered a “no-fault” divorce. This may be true even in the event you or your spouse is alleged to have acted improperly during the marriage. Two of the other most common grounds for divorce in Austin include:

  • Cruelty by one spouse towards the other of a nature that renders living together intolerable.
  • Adultery

Other fault-based grounds for divorce also exist, but they are less likely to be applicable.

Annulling a Marriage

Texas has statutory provisions for the annulment of a marriage. An annulment may be obtained if the marriage is either ‘void’ or ‘voidable.’ A marriage is void if the spouses could not legally have entered into the marriage in the first place, meaning it was invalid from the beginning. If there was some significant fact that one or both parties did not have knowledge of at the time of the marriage, which would have led one party not marry, it is a voidable marriage. One spouse may petition for annulment for any of the following reasons:

  • One of the parties is 16 or older, but under the age of 18 and entered into the marriage without parental consent or a court order
  • At the time of the marriage, the petitioner was under the influence of alcohol or narcotics and therefore, did not have the capacity to consent to marriage
  • Either party, for physical or mental reasons, was permanently impotent at the time of the marriage and the petitioner did not know of the impotency
  • The other party used fraud, duress or force to induce the petitioner to enter into the marriage
  • The petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect, at the time of marriage
  • One party concealed a divorce, that occurred less than 30 days before the marriage, from the Petitioner, and the annulment suit is filed less than one year after the date of the marriage
  • If the parties married less than 72 hours after the marriage license was granted and the annulment suit is filed less than 30 days after the date of the marriage.

For a court to grant an annulment, the petitioner is required to refrain from voluntarily cohabiting with the other spouse after learning of the issue at hand or after the petitioner is no longer under the influence of the claimed grounds for the annulment.

Contact an Austin Divorce Attorney Today

Dissolving a marriage is never easy, but it can be much more manageable with experienced legal counsel. It is important to seek an attorney who knows the ins and outs of family law in Texas. If you are considering divorce or annulment, contact the Austin Divorce Lawyers of Kirker Davis LLP at (512) 598-0010 for a free consultation today.

Kirker Davis LLP Austin Family Law Attorneys Our Kirker Davis LLP Austin Divorce Attorneys serve people inside Texas and our firm is conveniently located near you. We have an office in Austin at 8310-1 N Capital of Texas Hwy Bldg 1, Ste 350, Austin, TX 78731. Find us with our GeoCoordinates: 30.38639118067484, -97.76789826582365.

Find A Divorce Lawyer Near Your Location

If you are looking for a divorce attorney near you, Kirker Davis is your best option. We know that going through a divorce is not only a rough time for you but also for your family.

We are backed by years of experience representing men and women that decide to end their marriage. Call us today.

Get In Touch With Us Today!

Request Consultation

Empowering Clients.

Achieving Results. ®


  • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

    David - Divorce Representation

  • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

    Anonymous - Holly is the lawyer who lawyers hire for their own divorces

  • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

    Martin - Excellent Lawyer

  • "They were so amazing to work with, second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

    Josh Campbell - Family Law

  • "This was as good an experience as you can possibly have with a divorce situation! They were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis. They are the best! ”

    Susan M. - A divorce situation

  • "This was my first time ever working with lawyers and words cannot express how grateful I am. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

    Erik J - Highly recommended

  • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. ”

    Bertha S - My divorce case

  • "My experience with Kirker Davis has been amazing. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wholeheartedly recommend this firm. ”

    Daniel - Custody case

  • "My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. Fantastic results! ”

    Edward - Fantastic results

Austin Divorce FAQs

How much is a divorce attorney in Austin, Texas?

There is no one answer to this question, as each divorce law firm sets its own fees. The ethical rules require fees to be “reasonable,” but specific cost is something you should discuss at your consultation. Divorce attorneys might use a combination of a retainer (an amount you pay up front) and hourly fees. An uncontested divorce that requires fewer hours of work from the lawyer will cost less than a divorce case that requires litigation or other complex legal maneuvering.

What is a wife entitled to in a divorce in Texas?

While gender roles played a part in Texas divorces in years past, today’s divorce laws do not favor a husband or wife in property or child-related decisions. A wife is entitled to her fair share of the community property, as well as her fair share of custody (conservatorship) rights. Further, a wife might receive child or spousal support or be ordered to pay support to the husband, depending on the financial situation of the spouses.

Is spousal support mandatory in Texas?

Not all divorce cases involve spousal support, and a support order is not mandatory in Texas divorce cases. If one spouse requests support, the court will review the circumstances to ensure they meet the eligibility requirements before ordering support. This is often a contentious issue in a divorce case, so always discuss the possibility of spousal support with your divorce attorney.


Can I sue my wife for cheating in Texas?

It is rare for a spouse to have a cause of action to file a lawsuit for damages against a spouse for having an affair. However, cheating can certainly play a role in a divorce case. When you file for divorce, you must cite “grounds,” and these grounds can be no-fault or fault-based in Texas. One of the fault-based grounds that Texas law recognizes is adultery.

If you choose to cite adultery as grounds for your divorce, you must prove to a certain degree that your spouse engaged in adultery. This is not always easy to do and might involve airing some highly personal information in open court. However, if you can prove adultery, it can weigh in your favor regarding property division, spousal support awards, or even child custody, depending on the circumstances of your wife’s affair.

While some husbands might benefit from pursuing a fault-based divorce, others might be better off filing a no-fault divorce, so they do not have to prove misconduct. This is something you should carefully consider with advice from your divorce lawyer.

What are the initial steps for divorce in Texas?

To initiate a divorce case, your attorney will prepare a divorce petition and file it with the proper Texas family court. Your spouse will be served with the petition and summons, and they will have a chance to respond by filing an answer. A judge might issue a temporary restraining order to set out rules for each spouse while the divorce is pending, such as preventing the sale of property. You may or may not have a court hearing before your attorney goes to work building and negotiating your divorce case.



This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a personal injury attorney.

Austin Family Attorneys

Is Divorce Imminent

Download “The 4 Steps In Every Divorce” eBook so you can be better prepared

Download Now

Austin Family Attorneys

Request Consultation

A strategic step towards resolution

Submit a Request
  • Austin Office