Austin Divorce Lawyers for Complex and High-Asset Divorces

Contested, uncontested and collaborative divorce in Austin

There are several types of divorce cases in Texas, including:

• Collaborative divorce: Parties collaborate to negotiate and settle their differences without litigation. Although the parties might not agree on everything at all times, the collaborative divorce process can facilitate the parties reaching agreements on issues such as spousal support, custody, property division and child support.
• Contested divorce: Either party disputes one or more issues of the case, and a court determination is required to resolve the matters.
• Uncontested divorce: Both spouses work together to cooperatively dissolve their marriage and reach an agreement on issues in the case, which can include the informal settlement, mediation or collaborative divorce processes.
• At-fault divorce: There are claims in the divorce that a spouse has caused the divorce. The court can grant a divorce in favor of one spouse on grounds such as cruelty, adultery, abandonment, living apart or confinement in a mental hospital.
• No-fault divorce: The ground for divorce is that the marriage has become insupportable because of discord or conflict of personalities that destroy the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
• Default divorce: The court grants the divorce after one spouse fails to respond to the filing of the other spouse after a certain period has passed, and several conditions have been met.

You deserve an Austin divorce lawyer who listens to your needs and keeps you updated on the status of your case. You can expect compassionate and personalized legal services when you choose The Lackey Law Firm to be your advocate. The Lackey Law Firm has significant experience in divorce and many other types of cases related to family law.

How the Texas divorce process works for Austin families

When going through a divorce, it is common to have concerns about various aspects of the process. The attorneys of Lackey Law Firm, P.C., can help you understand the divorce process, file the necessary paperwork and negotiate with the other party to reach a settlement. They can help you with some of the most common issues that come with divorce, such as:

• Separate property: Texas is a community property state, meaning property acquired during the marriage is generally considered community property and subject to division. However, separate property, such as property acquired before the marriage or through inheritance or gift, is typically not subject to division. The attorneys at Lackey Law Firm, P.C., can help you identify and properly classify separate property to ensure it is protected in the divorce.
• Child custody and support: Texas law prioritizes the best interests of the child when making decisions about custody and support. Our attorneys can help you understand the factors considered when making these decisions and work with you to develop a plan in your child’s best interests.
• Retirement and bank accounts: Dividing retirement accounts can be stressful. While these assets can often be in the category of community property, there are some exceptions. The skilled lawyers at Lackey Law Firm, P.C., help you understand how retirement and bank accounts will be divided in the divorce.
• Impact of who files: In Texas, the person who files for divorce is referred to as the Petitioner, and the responding party is referred to as the Respondent. The Petitioner may have some advantages. Lackey Law Firm can discuss the pros and cons of filing versus responding based on the specific facts and circumstances in your unique case.
• Hidden assets: The attorneys at Lackey Law Firm, P.C., may help you find hidden assets the other party may own. Hidden assets may include money, property or other assets the other party has not disclosed.

It is essential to have experienced support during a divorce so that you know what to expect and how to approach issues as they arise.

What happens in a Travis County divorce?

Divorces for Austin, Texas residents are filed with the Travis County District Clerk and heard by the Travis County district courts, which have original jurisdiction over every divorce in the county. Three local realities shape most cases our Austin divorce attorneys handle:

• The Travis County Standing Order applies immediately. When a divorce or custody case is filed, the county’s standing order for family law cases binds both spouses without anyone asking for it. It protects children and preserves property while the case is pending — for example, by restricting unusual withdrawals, changes to insurance, and moving a child’s residence or school without agreement. It also applies to modification cases, which is not true in every neighboring county.
• Contested hearings run on a central docket. Unless a case is assigned to a specific judge, the parties often learn which judge will hear a contested matter shortly before the hearing. Preparation therefore has to work in front of any judge, which favors well-documented financial records over courtroom theatrics.
• The 60-day clock starts at filing, not at service. Under Texas Family Code §6.702, a judge cannot sign a decree before the 61st day after the petition is filed, except in certain family-violence cases. Agreed divorces often finish soon after the waiting period; cases involving a business, stock compensation or a custody dispute take longer.

Considerations For Highly Contested Divorces

Sometimes, you do not realize a divorce is going to be as complex or as highly contested as it turns out to be. Other times, you know from the start that there will be trouble. You can often anticipate a highly contentious divorce process when there are:

• High-value assets and complex financial situations: A lot of assets, complex financial portfolios, business interests or investments can make property division difficult.
• Child custody disputes: Emotions run high when children are involved, and determining the best interests of the child can be a challenging process.
• Allegations of abuse or neglect: Accusations of domestic violence, child abuse or neglect can significantly increase the conflict in a divorce case.
• Personality disorders or mental health issues: When one spouse has mental health issues or a personality disorder, that may affect decision-making and negotiations.
• Lack of cooperation and communication: There has to be at least some willingness on both sides to cooperate with negotiations to make them work.
• Multiple experts involved: In some cases, divorces may involve the need for various experts, such as forensic accountants, business valuators or child psychologists.
• Hidden assets or financial misconduct: If one spouse suspects the other of hiding assets or engaging in financial misconduct, it can lead to a very adversarial divorce.

In a contentious proceeding, the discovery and investigation of such issues can also prolong the legal proceedings (and cost more). There may be numerous petitions that have to be filed with the court, and the court may insist that you try to resolve things through negotiations before ultimately proceeding to trial. In the end, the verdict decided by the court may not be what either spouse desires.

Even a difficult divorce can be resolved out of court with the right legal guidance. The attorneys at Lackey Law Firm, P.C., understand what makes a divorce highly contested, and they also know how to work through many of the issues that would otherwise go to litigation.

What we see in Austin high-asset divorces

The questions Austin professionals bring our divorce lawyers most often are how an IRA is divided, what happens to restricted stock units that have not yet vested, and how a business is valued when one spouse built it. Many of the divorces we handle involve at least one of a closely held business, deferred compensation, or retirement accounts that require a qualified domestic relations order. That matters for your case because how an asset is characterized — community, separate, or mixed — is decided by evidence, not by whose name is on the account. Our high-asset divorce page explains the valuation and tracing tools we use, and the collaborative and mediation options that keep financial details out of a public hearing.

Frequently asked questions about divorce in Austin