If you live in Austin or elsewhere in Travis County and are thinking about divorce, the basic Texas rules apply, but Travis County has its own procedures that start working the day the case is filed.
Where to file
Under Texas Family Code § 6.301, one spouse must have lived in Texas for the past six months and in the county where the divorce is filed for the past 90 days. Travis County divorces are filed with the Travis County District Clerk and heard by the civil and family district courts at 1700 Guadalupe Street in Austin. Attorneys file electronically through eFileTexas.
The Travis County standing order
Travis County has a Standing Order for Family Law Cases that applies automatically to every divorce and custody case filed in the county. It takes effect when the original petition is filed, and the petitioner must attach a copy to the petition. Among other things, it orders the parties not to:
- hide a child from the other party, change the child’s residence, or withdraw the child from school, unless both parties agree in writing or a court order allows it;
- make negative comments about the other party in front of the child or on social media the child can see;
- harass or threaten the other party, open their mail, or access their email, financial or social media accounts;
- hide, sell, transfer or damage property, take on new debt, or withdraw from bank or retirement accounts, except as the order allows.
The order allows spending for reasonable living expenses, the ordinary course of business and reasonable attorney’s fees for the case. Violating it can lead to contempt, so it is worth reading carefully on the day you file or are served.
How long it takes
Texas requires a 60-day waiting period from filing before a divorce can be granted (§ 6.702), with exceptions for certain family violence cases. Agreed divorces are often finished shortly after that. Contested cases can take longer, and Travis County sets hearings through the civil courts’ central docket.
Looking up your case
Travis County family cases from 2006 to the present can be searched for free on the Travis County Odyssey portal, and weekly family law docket settings are posted on the district civil court dockets page. See our court records page for more links.
Working with a San Antonio office
Our office is in San Antonio, and many of our Austin clients never need to visit it: we email the documents and you email them back. Learn more on our Austin family law page.
Talk with an attorney
If you have questions about a divorce in Travis County, call the Law Offices of Jesus R. Lopez at (210) 224-5245 or send us a message to schedule a consultation, in English or Spanish.
This article is general information about Texas law, not legal advice for your situation. Contacting us does not create an attorney-client relationship. Results depend on the facts of each case.