Going through a divorce is never easy. Whether you initiated it or are still trying to process what is happening, it is an emotional and legal process that can feel overwhelming. The decisions you make now—about property, finances, and children—can have a long-term impact on your future. That is why having an experienced West Lake Hills divorce attorney by your side matters.
Smith & Bledsoe Family Law focuses on helping individuals and families navigate the divorce process with clarity and confidence. We know every divorce differs, and our approach is tailored to your needs. Whether you and your spouse agree on most things or you are dealing with heated disputes over custody or assets, we are here to advocate for you every step of the way.
If you are thinking about divorce or are already in the middle of one, schedule a consultation with one of our West Lake Hills divorce lawyers today. Let’s discuss your situation and what options make the most sense for you. Contact us to get started.
Divorce in Texas: What You Need to Know
Divorce isn’t just about calling it quits on a marriage—it’s a legal process, and in Texas, that process comes with its own set of rules. From how property gets split up to whether one spouse has to pay support, Texas law shapes a lot of what happens.
Grounds for Divorce in Texas
Texas allows both fault-based and no-fault divorces. A no-fault divorce means neither spouse has to prove the other did anything wrong; you can file simply because the marriage is no longer working. However, in some cases, citing a fault-based reason—like adultery, cruelty, or abandonment—can impact how the court divides assets or decides on spousal support.
If you are unsure which approach is best for your case, we can help you weigh the pros and cons.
Residency Requirements for Divorce in Texas
To file for divorce in Texas, at least one spouse must have lived in the state for at least six months and in the county where they are filing for at least 90 days. If you recently moved or are unsure whether you meet the residency requirements, our team can guide you through the following steps.
Types of Divorce in Texas
Divorce doesn’t work the same for everyone. Some couples figure things out pretty fast, while others need a judge to step in. Here’s a quick breakdown of the different types of divorce in Texas:
Uncontested Divorce in Texas
An uncontested divorce occurs when both spouses agree on all key issues—like property division, child custody, and spousal support—without going to court. This is usually the fastest and least expensive way to divorce. Our attorneys can help draft a marital settlement agreement that protects your interests and ensures nothing is overlooked.
Contested Divorce
The divorce becomes contested if you and your spouse disagree on one or more issues. This means negotiations, mediation, and a trial are needed to settle disputes. A strong West Lake Hills divorce attorney is crucial to protecting your rights and fighting for a fair outcome.
Mediation in Divorce
Mediation is a way for divorcing spouses to resolve disputes with the help of a neutral third party. It is an excellent option for those who want to avoid a courtroom battle while working toward a fair agreement. Our team provides divorce mediation services and can guide you through the process to help you reach solutions that work for everyone involved.
Arbitration in Divorce
Divorce arbitration functions as a private alternative to traditional courtroom litigation. In this process, both spouses present their cases to a neutral third party (the arbitrator), who then makes decisions about contested divorce issues. Unlike a judge in court, the arbitrator works within a more flexible framework and follows a schedule convenient for all parties involved.
High-Net-Worth Divorce
Property division can be complicated for couples with significant assets. From real estate and investments to business interests and retirement accounts, high-net-worth divorces require careful financial analysis. We work closely with financial experts to protect your interests and ensure an equitable division of assets.
Key Issues in a Texas Divorce
Divorce involves more than just ending a marriage—it requires sorting out major legal and financial matters. Here are some of the most important aspects of a Texas divorce:
Property Division in Divorce
Texas is a community property state, so most things you and your spouse get during the marriage—like money, property, or even debt—are considered shared. It has to be fair when splitting everything up, but that doesn’t always mean right down the middle. Things like how much each person earns, whether someone had property before the marriage, and what each person contributed can all play a role in who gets what.
Our firm can help you build a strong case if you are concerned about protecting your assets.
Child Custody and Support
When kids are in the picture, figuring out custody and support takes center stage. In Texas, the courts focus on what’s best for the child. That includes looking at things like each parent’s ability to provide a stable home, the child’s bond with both parents, and any history of abuse or neglect.
Custody cases can get emotional, and we get that. We’re here to help parents push for setups that work for their kids. We have your back if you’re trying to work out a parenting plan or need someone to stand up for you in court.
Spousal Support (Alimony)
Spousal support—sometimes called alimony—is not guaranteed in Texas. However, in some instances, one spouse may be eligible for financial support after the divorce. The court considers factors like the length of the marriage, each spouse’s financial situation, and whether one spouse sacrificed their career for the marriage.
If you are seeking spousal support or are worried about unfair payments, our attorneys can help ensure that your case is presented effectively.
Prenuptial and Postnuptial Agreements
Prenups and postnups are not just for the ultra-wealthy—they are valuable tools for protecting assets, defining financial expectations, and preventing future disputes. Our firm can assist you with drafting, reviewing, or enforcing a prenuptial or postnuptial agreement.
Frequently Asked Questions
Do you have questions about divorce in Texas? You’re not alone—here are some of the most common ones we hear from clients.
How long does it take to get a divorce in Texas?
Texas has a mandatory 60-day waiting period from the date the petition is filed. However, if your divorce is contested or involves complex issues like custody or asset division, it can take several months—or longer.
Can I file for legal separation in Texas?
Texas does not officially recognize legal separation. If you are living apart but still married, the court can issue temporary orders related to property, custody, and support. A formal divorce is the only way to end a marriage in Texas legally.
Do I need a lawyer if my divorce is uncontested?
Even in an uncontested divorce, having a lawyer helps make sure your rights are protected and that all paperwork is done correctly. Mistakes in agreements or filings can lead to problems later.
What is the difference between community and separate property?
Community property includes assets and debts acquired during the marriage. Separate property includes things owned before the marriage, gifts, and inheritances. Dividing these correctly is a key part of the divorce process.
Can my spouse and I use the same attorney?
No. An attorney can only represent one party in a divorce, even if it is uncontested. One spouse can hire a lawyer to draft the agreement, but the other spouse should consult their attorney before signing anything.
What happens to our kids during the divorce process?
If you have children, the court may issue temporary custody and support orders while the divorce is pending. These orders set a structure until a final agreement is reached or a judge makes a final ruling.
Is mediation required in a Texas divorce?
Mediation is not always required, but many Texas courts do encourage or order it before a trial. It is often a good opportunity to settle issues without the stress and cost of going to court.
Feel free to reach out if you don’t see your question here. We help you understand your options and protect what matters most.
Why Choose Smith & Bledsoe Family Law?
Divorce is tough—there’s no way around it. But having the right legal team on your side can make a huge difference. Here’s why people in West Lake Hills, TX, turn to Smith & Bledsoe Family Law:
- Years of Experience in Family Law – We’ve handled all kinds of divorce cases, both in and out of court, and know how to guide clients through the process.
- Client-First Mindset – We actually listen. Your goals shape the strategy we build for you.
- Strong in Negotiation and Litigation – Whether it’s through mediation or standing up for you in court, we fight for what matters most to you.
- In-Depth Knowledge of Texas Divorce Law – From custody issues to dividing major assets, we keep up with the law so you don’t have to.
If you’re looking for a divorce law firm in West Lake Hills that genuinely cares and knows what they’re doing, you’re in the right place.
Schedule a Consultation with a West Lake Hills Divorce Attorney
If you’re going through a divorce, don’t try to handle it all on your own. The choices you make now can affect everything from your finances to your time with your kids. At Smith & Bledsoe Family Law, we’re here to walk you through it all with clear advice and steady support. Find our office on Google Maps and see client reviews.
Call us at 512-957-3450 or contact us online to set up a consultation with a West Lake Hills divorce lawyer who’s ready to help.
We’re here to help you take the next step forward.