Most people searching for an Austin divorce lawyer want three answers fast: where to file, what it costs, and how long it takes. In Austin, you file at the Travis County Civil & Family Courts Facility, divorce filing fees run $258-$273 in 2026, and Texas Family Code § 6.702 imposes a 60-day waiting period before any decree. The sections below give the local specifics, with statute citations and current Travis County data.
Key Facts: Divorce in Austin, Texas
| Item | Detail |
|---|---|
| County | Travis County |
| Filing court | Travis County Civil & Family Courts Facility, District Clerk Family Division |
| Court address | 1700 Guadalupe Street, 3rd Floor (Room 3.200), Austin, TX 78701 |
| Filing fee (2026) | $258 (no children) to $273 (with children); citation $8 |
| Residency requirement | 6 months in Texas + 90 days in Travis County (Tex. Fam. Code § 6.301) |
| Waiting period | 60 days from filing (Tex. Fam. Code § 6.702) |
| Property model | Community property (Tex. Fam. Code § 3.002) |
How do I file for divorce in Austin, Texas?
To file for divorce in Austin, you submit an Original Petition for Divorce to the Travis County District Clerk and pay a filing fee of $258 for a case without children or $273 with children, plus $8 per citation for service. One spouse must have lived in Texas six months and in Travis County 90 days under Tex. Fam. Code § 6.301.
Austin attorneys are required to e-file through an Electronic Filing Service Provider on eFileTexas. Self-represented Austin residents have three routes: file electronically on eFileTexas, schedule an in-person appointment at the District Clerk's Family Division, or mail documents to TCDC, P.O. Box 679003, Austin, TX 78767-9003. The Travis County District Clerk does not supply blank divorce forms, so most pro se filers pull them from TexasLawHelp.org or the Travis County Law Library inside the same Guadalupe Street complex.
When you file in Travis County, the court's standing order takes effect automatically and binds both spouses. It restricts moving children out of the area, selling or hiding marital property, and changing insurance beneficiaries while the case is pending. Read it carefully the day you file, because violating it can produce sanctions later.
Where do I file for divorce in Austin? (which courthouse)
Austin divorces are filed at the Travis County Civil & Family Courts Facility, 1700 Guadalupe Street, Austin, TX 78701, with the District Clerk's Family Division on the third floor in Room 3.200. The office is open Monday through Friday, 8:00 a.m. to 5:00 p.m., and the family records line is (512) 854-9457.
The Civil & Family Courts Facility sits in downtown Austin near the Capitol Complex, a few blocks north of the older Heman Marion Sweatt Travis County Courthouse on Guadalupe. If you are coming from neighborhoods like Hyde Park, Mueller, or Travis Heights, the building is on the MetroRapid 803 line and within walking distance of the Texas Capitol. Paid garages surround the block; street parking downtown is limited on weekday mornings.
The Family Division is the custodian of all Travis County divorce records, suits affecting the parent-child relationship, name changes, and adoptions. For court hearing settings and scheduling questions after your case is on file, the Travis County Court Administration Office answers at (512) 854-2484. Cases are randomly assigned among the Travis County district courts that hear family matters.
How much does a divorce lawyer cost in Austin?
An Austin divorce lawyer typically charges $250 to $400+ per hour, with retainers from roughly $3,000 to $7,500 for contested cases. An uncontested Austin divorce handled by an attorney often totals $1,500 to $5,000, while contested cases involving custody or significant property can exceed $15,000 to $30,000. The court filing fee itself is a separate $258 to $273.
The biggest cost driver in Travis County is whether the case is contested. An agreed divorce with no children and no real estate can move through the 60-day waiting period with minimal attorney time. Disputes over conservatorship under Tex. Fam. Code Chapter 153 or division of community property under § 3.002 add discovery, mediation, and hearings that multiply hours.
If you cannot afford the filing fee, Texas Rule of Civil Procedure 145 lets you file a Statement of Inability to Afford Payment of Court Costs (formerly the Affidavit of Indigency) alongside your petition. Proof of means-tested benefits such as SNAP, SSI, or TANF, or income below 125% of the federal poverty level, qualifies you. The clerk must accept the filing without upfront payment, and the waiver also covers citation, service, and court-appointed mediator costs. The Travis County District Clerk cannot refuse your petition based on a hunch that you could pay.
How long does a divorce take in Austin?
No Austin divorce can be finalized faster than 60 days. Tex. Fam. Code § 6.702 bars a judge from granting a divorce before the 60th day after the petition is filed. An uncontested Travis County divorce usually finalizes in 61 to 90 days; a contested case with custody or property disputes commonly runs 6 to 12 months or longer.
The 60-day clock starts the day you file the original petition, not the day your spouse is served or answers. If you file January 1, the earliest possible finalization is March 2. The single exception to the waiting period applies when the respondent has a final conviction or deferred adjudication for family violence against the petitioner or a household member, or when an active protective order exists under Title 4.
Real-world timing in Travis County depends on court dockets, whether the other spouse signs a waiver of service or must be formally served, and how quickly the parties reach a settlement at mediation. Most Austin family courts require mediation before a final contested trial, which adds scheduling time but resolves the majority of cases without a judge deciding.
What are the residency requirements to file in Travis County?
To file for divorce in Travis County, one spouse must have been a Texas domiciliary for the six months before filing and a resident of Travis County for the preceding 90 days, under Tex. Fam. Code § 6.301. Either the petitioner or the respondent can satisfy both requirements, so a recent arrival can still file if their spouse qualifies.
This dual test matters for people who recently moved to Austin for work in tech or government. If you moved here three months ago but your spouse has lived in Travis County for years, you can file in Travis County because your spouse meets both prongs. Military members and federal employees stationed away from Texas may retain Texas domicile under separate continuity rules even while physically absent.
Texas is a no-fault community property state. Most Austin petitions cite insupportability, the no-fault ground, though fault grounds like adultery or cruelty remain available and can influence the property split. Under Tex. Fam. Code § 3.002, property acquired by either spouse during the marriage is presumed community property and is divided in a manner the court deems just and right. Child matters follow the best-interest standard of Tex. Fam. Code § 153.002, and Texas uses conservatorship and possession terminology rather than custody and visitation.