Austin Divorce Attorneys

A Boutique Approach to Family Law in Austin

Our firm was built on the idea that every client deserves individualized attention. Family law cases are not one-size-fits-all, and we do not believe in cookie-cutter solutions. Instead, we take the time to understand your unique circumstances and goals, then develop a strategy designed specifically for you.

Unlike larger firms where cases can get lost in the shuffle, we keep our caseload intentionally manageable. This allows us to be responsive, available, and engaged with every client. When you work with Oprea & Weber, you work directly with the attorneys, not layers of staff or associates.

Experienced, Practical, and Compassionate Representation

Our attorneys bring a wealth of experience to the table. Kevin and Karen have “Big Law” backgrounds at respected large firms and graduated from a top ten law school. This means we have the legal research, writing, and trial preparation skills needed to handle even the most complex cases. While we are fully prepared to litigate when necessary, we believe the best results most often come from cooperation rather than conflict.

Whenever possible, we encourage our clients to engage in reasonable conversations with their spouses or co-parents. Resolving disputes amicably can save time, money, and emotional strain, and it often leads to longer-lasting solutions. But if your situation requires aggressive advocacy in court, you can rest assured that we have the skill and dedication to protect your interests.

Our Family Law Services in Austin

At Oprea & Weber, we represent clients in a wide range of Austin family law matters, including:

• Pre and Postnuptial Agreements – Thoughtful planning can establish a marriage on firm ground and prevent future disputes from arising or tearing families apart. We draft and review agreements that clarify financial expectations and safeguard your interests.
• Divorce – From uncontested divorces where both spouses agree, to complex contested divorces involving disputes over property, support, or children, we provide guidance tailored to your circumstances.
• Child Custody & Visitation – We help parents develop parenting plans that protect the child’s best interests while ensuring fair and workable arrangements for both parents.
• Child Support & Spousal Support – Financial matters after separation can be stressful. We work to establish fair support orders that reflect the needs and realities of both parties.
• Property Division – Texas is a community property state, which makes the division of assets and debts an important part of divorce that must be handled carefully and skillfully. We help clients achieve fair and equitable outcomes that respect their interests.
• Modifications – Life changes. When your existing custody or support orders no longer make sense, we can assist with modifications that both parties can live with.

These are only some of the matters we handle. If your situation touches on family law, chances are we can help.

Divorce Representation Centered on Families

Divorce is never easy, but having the right lawyer can make all the difference. In Austin, Travis County family law courts expect parents to put children’s needs first and encourage spouses to work toward cooperative resolutions. We support this philosophy by helping our clients find common ground when possible. At the same time, we know that not every case can be resolved without litigation.

Our Austin divorce lawyers prepare every case with care and attention to detail, whether it looks like it will settle quickly or move toward trial. This thorough approach gives our clients confidence at every stage and positions them for success, no matter how the case develops.

Austin, TX Divorce Guide

Ending a marriage is a major life change, legally and emotionally. At The Law Office of Oprea & Weber, our Austin divorce lawyers help individuals and couples understand exactly what to expect from the divorce process under Texas law, so you can make informed decisions and move forward with confidence. Below is an overview of how divorce works in Texas, with notes on where agreement helps, what court requirements you’ll encounter, and how you can minimize conflict.

Step 1: Residency Requirements & Deciding to File

Before you can file for divorce in Texas, you or your spouse must meet the residency requirements. First, at least one spouse must have been a resident of Texas for at least six months. Additionally, at least one spouse must have been a resident of the county where you file (e.g., Travis County, if you’re in Austin) for at least 90 days.

Once those requirements are met, one spouse (the “Petitioner”) can decide to file a divorce petition to begin the process. Even if the other spouse doesn’t want the divorce or doesn’t agree with everything, Texas law does not require consent to begin.

Step 2: Filing the Petition and Serving the Other Party

The legal process begins with filing an Original Petition for Divorce in the proper district court. This document lays out the basic facts of your marriage, what you’re asking for regarding property, child-related matters (if any), and other relief.

After filing with the court, the other spouse (the “Respondent”) must be formally served with the petition and a citation. This gives them legal notice that the divorce has been filed. Service can be done in various ways (personal delivery, process server, certified mail, etc.), depending on circumstances.

The Respondent usually has a set window (often about 20 days) to file an answer after being served. If they do not respond, the case may proceed by default in many respects.

Step 3: Temporary Orders

While the divorce is pending, there are often urgent issues that need to be addressed immediately, such as:

• Where the children will live, or who has possession and access
• Who pays what bills, including child support or temporary spousal support
• Who stays in the family home or uses certain assets before the final divorce decree

Either spouse can request temporary orders to address matters like these. These are temporary court orders designed to maintain stability during the divorce process. The attorneys at The Law Office of Oprea & Weber help clients prepare and argue for fair temporary orders and help negotiate them to avoid unnecessary conflict.

Step 4: Waiting Period

There is a mandatory 60-day waiting period in Texas from the date the petition is filed before a court can finalize a divorce. You cannot get a final divorce decree before the 60 days have passed. This time allows for reflection, possible reconciliation, or for parties to work on settling issues. If spouses agree on all terms quickly, the rest of the process can move more smoothly, but the 60 days still must elapse.

Step 5: Negotiation, Mediation, or Agreement

If both spouses can agree on all the major issues applicable in their divorce, such as property division, child custody and support, and alimony (spousal maintenance), that’s often the fastest, least expensive, and least stressful path forward. The pathway to agreement might include collaborative divorce or cooperative divorce, mediation or settlement discussions, and drafting a detailed marital settlement agreement.

At The Law Office of Oprea & Weber, we encourage clients to negotiate or mediate whenever possible. We assist in drafting settlement agreements that are fair, clear, and ready to be approved by the court. Even during litigation, most divorce cases settle before trial if both sides see where the law and facts lead.

Step 6: Discovery (If Needed)

In contested cases where spouses don’t agree on certain issues, you will likely go through a step in litigation known as discovery. This phase includes collecting information and evidence, such as financial records (bank statements, tax returns, business valuations), appraisals of property, and evidence about parental fitness, living situations, or child care arrangements.

Discovery ensures both parties know the facts, which helps in negotiation or, if necessary, in hearings and trial. The Law Office of Oprea & Weber helps clients gather, organize, and present this information accurately and persuasively.

Step 7: Hearings and Trial (If Needed)

If some issues remain unresolved, the court will hold hearings. These may include:

• Temporary orders hearing
• Hearings on specific issues (custody, support, asset valuation)
• Final hearing or trial, where both sides present evidence and arguments

However, most divorces do not go to a full trial. Many disputes are resolved through negotiation, mediation, or settlement conferences. Even in litigated divorces, the goal is often to reach a settlement that the court can approve. When a case seems headed toward litigation, our attorneys prepare as though trial is possible, ensuring that your case is strong, while working toward resolution whenever possible.

Step 8: Final Divorce Decree

Once all issues are resolved, either by settlement or trial, the judge signs a Final Divorce Decree. This document legally ends the marriage and includes final court orders regarding property division, custody, visitation schedules, child support, spousal maintenance, and any other matters relevant to the dissolution of the marriage.

After the decree is signed, all court orders become legally binding and enforceable. It’s essential that the terms are clearly written, practical, and cover all necessary areas, so there is less chance for misunderstanding in the future.

Step 9: Post-Divorce Considerations

Even after the divorce decree is entered, there may be follow-up steps or issues, including:

• Modifying orders if circumstances change (custody, support, etc.)
• Ensuring property transfers or title changes are completed
• Dealing with enforcement if one party does not comply with the decree

The Law Office of Oprea & Weber routinely helps clients with post-divorce modifications when necessary to account for changed circumstances.

How Long Does the Divorce Process Typically Take?

While the 60-day waiting period sets the minimum, most divorces take longer, depending on how quickly or slowly the parties agree on issues, whether children are involved, the complexity of financial/property matters, and court scheduling. In Austin, an uncontested divorce might finish shortly after 60 days if everything is agreed and paperwork is properly completed, whereas contested or more complex divorces can take many months.

Why Having an Experienced Attorney Matters

Because the divorce process involves legal requirements, deadlines, and many technical details, having a skilled lawyer can make a big difference. At The Law Office of Oprea & Weber, we assist our clients by ensuring all documents are correctly completed and filed. Importantly, we lend our expertise to negotiate settlement agreements that reflect your goals and protect your rights. Our lawyers prepare for temporary orders and discovery to avoid surprises and strategize for hearings and trial (if needed), but always with an eye toward resolution outside court when possible. Throughout it all, we provide clear guidance so you know what to expect, where delays may come, and how best to avoid them.

We take a boutique, client-centered approach where you can personally relate to your attorney. In your divorce process, we will sit down early with you to understand your goals, values, and concerns. We’ll map out which divorce pathway makes most sense (uncontested, mediated, collaborative, cooperative, etc.). Our team will help you gather what’s needed (financial records, asset lists, custody proposals, etc.), and draft agreements or present your case with precision and care. We keep communication clear, explaining what Texas law requires and what courts typically expect in Travis County and the Austin area.

Our approach is not about forcing conflict; it’s about providing capable advocacy and structured guidance so you can reach a resolution that you can live with. Contact our Austin divorce lawyers to get started with a conversation regarding your needs and goals for the future.

Texas Family Law & Divorce Process FAQs

At The Law Office of Oprea & Weber, we know that family law matters can feel confusing, frustrating, or even overwhelming. Divorce, custody, child support, and related matters are deeply personal, and many people don’t know where to start when questions arise. Below, we’ve compiled answers to some of the most common questions we hear from our Austin family law clients. This resource is not a substitute for legal advice, but it can give you a clearer idea of what to expect and how we can help. If you have other questions or need personal legal advice specific to your particular situation, call The Law Office of Oprea & Weber to speak with our Austin family law attorneys.

Is the custody schedule 50/50?

Not always. In Texas, custody is referred to as “conservatorship,” and visitation is called “possession and access.” The law presumes that it is best for children to have frequent and continuing contact with both parents, but that doesn’t mean every case results in a perfectly equal split.

The most common arrangement is the Standard Possession Order (SPO), which gives one parent the right to determine the child’s primary residence while the other parent has scheduled weekends, holidays, and extended time in the summer. Some parents agree to 50/50 schedules, and courts will approve them if they serve the child’s best interests. The right schedule depends on the child’s needs, the parents’ locations, and how well the parents can cooperate.

How is child support calculated?

Texas uses statutory guidelines to calculate child support, usually based on a percentage of the paying parent’s net monthly income. For example, the amount of support for one child is typically 20% of net income, two children 25%, and so on, with adjustments for higher numbers of children. Courts may deviate from these guidelines in special circumstances, such as when a child has extraordinary medical needs.

When does child support end?

Child support usually ends when a child turns 18 or graduates from high school, whichever happens later. If a child is disabled and unable to support themselves, support may continue indefinitely.

What is a mediated divorce?

Mediation is a process where a neutral third party, called a mediator, helps divorcing couples work through their disagreements and reach a settlement. Mediation is often less expensive, less stressful, and faster than a trial. Kevin Weber is an experienced mediator as well as a lawyer who represents parties in mediation, which gives him a unique perspective on how to guide clients through the process successfully.

Do we both need a lawyer?

In most divorce and custody cases, each party hires their own attorney. However, there are some cooperative options. In a cooperative divorce, for example, Kevin Weber can meet with both parties and help them resolve their issues together, with one party waiving independent representation. This saves costs and works best for couples who are committed to resolving matters respectfully and transparently. That said, if spouses are in significant conflict, or if one spouse does not feel comfortable proceeding without separate representation, each should retain their own lawyer.

What is a default divorce?

A default divorce happens when one spouse files for divorce and the other spouse fails to respond to the petition. If deadlines pass without a response, the court may grant the divorce based on the filing spouse’s requests. Even though this process may sound simple, it is still important to follow all procedures carefully and ensure that the final decree addresses property division, custody, and support thoroughly. Otherwise, problems can arise later.

Can I get an annulment instead of a divorce?

Annulments are rare in Texas and are only granted under specific circumstances, such as a marriage based on fraud, duress, or if one party was underage at the time of marriage without proper consent. Basically, an annulment cancels a marriage that was unlawful from the start, while a divorce dissolves a legal marriage. Most marriages must be dissolved through divorce rather than annulment.

Am I responsible for my partner’s credit card debt?

It depends. Texas is a community property state, and both assets and debts acquired during the marriage are generally considered community property, even if the account is only in one spouse’s name. However, some debts may remain separate if they were incurred before marriage or if the creditor only extended credit to one spouse based on their separate estate. Sorting out which debts are community and which are separate is an important part of the divorce process.

What happens if I overpaid child support? Will I be reimbursed?

Overpayments do not automatically get refunded. In some cases, they may be credited toward future obligations, but it depends on the circumstances. This is one reason why it is so important to monitor child support orders and payments carefully. If your situation changes—for example, if a child moves in with you or if support obligations end—you may need to seek a modification rather than risk overpaying.

How long before my divorce is final?

Texas has a 60-day waiting period from the date the divorce petition is filed before it can be finalized, with limited exceptions such as family violence cases. Even with that requirement, the overall timeline depends on how quickly you and your spouse can resolve issues. Uncontested (agreed) divorces can often be completed shortly after the waiting period, while contested divorces may take many months or longer.

Do I need a lawyer to get a divorce?

Technically, no—you can file for divorce without a lawyer. However, divorce involves important legal rights regarding property, debts, custody, and support. Mistakes in the process or failure to address key issues can lead to costly problems later. Having a lawyer ensures the divorce is handled correctly and that the final order is enforceable and protective of your rights.

Can grandparents or relatives get custody or visitation rights?

Yes, but the rules are strict. Texas courts prioritize the rights of parents, but in cases where a child’s well-being is at risk, grandparents or relatives may be able to petition for custody or visitation. These cases often arise in connection with SAPCR suits, and the outcome depends on a careful evaluation of the child’s best interests.

Can we decide everything without going to court?

In many cases, yes. If you and your spouse or co-parent reach an agreement, your lawyers can draft a settlement agreement and present it to the court for approval. The judge will review the agreement to make sure it complies with Texas law and is in the best interest of any children involved. Once approved, it becomes legally binding without the need for a drawn-out trial.

What if we change our minds after divorce orders are entered?

Court orders regarding custody, visitation, or child support can be modified if there has been a material and substantial change in circumstances since the order was entered. Examples include job loss, relocation, or changes in the child’s needs. Spousal maintenance and property division, however, are generally not modifiable once finalized.

Once the final divorce decree is entered, the marriage is dissolved, and it cannot generally be undone through any judicial process. However, the dissolution of a marriage leaves both parties free to marry again, and they could remarry each other if they so choose. Statistics show about 6% of divorced couples go on to marry each other again, and about twice as many reconcile, even if they don’t remarry.

How much does a divorce cost?

Costs vary widely depending on the complexity of the case and how much spouses agree or disagree. Uncontested divorces are less expensive, while litigated divorces involving disputes over property or custody cost more because of the additional time and expense to bring in financial experts, psychologists, or other professionals. The cooperative and collaborative approaches offered by The Law Office of Oprea & Weber are cost-effective alternatives to drawn-out litigation.

Should I try to draft my own prenuptial or postnuptial agreement?

It’s risky. Even well-intentioned agreements may not hold up in court if they don’t meet Texas legal requirements. They can also fail to accomplish what you set out to achieve, or create additional problems you didn’t foresee. A properly drafted agreement with legal counsel ensures enforceability and avoids future disputes. Our firm helps couples put their intentions into writing clearly in a legally valid format.

Ready to Learn More?

These are just a few of the questions we frequently hear from clients. If you have a question that isn’t answered here, or if you’d like to talk about your specific situation, the best next step is to schedule a consultation. At The Law Office of Oprea & Weber, we offer clear answers, cooperative solutions, and practical guidance for Austin families. Contact us today to get started with compassionate, knowledgeable representation.

Why Clients Choose Oprea & Weber

Clients throughout Austin and the surrounding areas turn to us because of the way we practice law. We are not simply legal technicians. We are counselors, advocates, and problem-solvers.

When you hire our firm, you can expect:

• Personalized Service – You are not just a case number. We take the time to know you, understand your priorities, and provide representation that fits your goals.
• Clear Communication – We keep you informed, answer your questions, and explain your options in plain language.
• Strategic Thinking – Our background in large-firm litigation and trial preparation gives us the ability to anticipate issues and develop creative solutions.
• A Cooperative Focus – We help clients resolve matters efficiently and respectfully whenever possible, but we are always prepared to fight for you in court.

This balance of compassion and capability sets us apart in the Austin family law community.

Serving Throughout Austin & Central Texas

We are proud to call Austin home and serve families throughout the metro area. From Travis County to Williamson, Hays, and beyond, we provide the same high level of care and representation to every client. Whether you live in downtown Austin, Round Rock, Pflugerville, San Marcos, or elsewhere in Central Texas, our team is ready to help.

• Buda
• Cedar Park
• Dripping Springs
• Georgetown
• Kyle
• Leander
• Pflugerville
• Round Rock
• San Marcos
• Wimberley
• Downtown
• South Congress (SoCo)
• East Austin
• Zilker
• Barton Hills
• Clarksville
• Hyde Park
• Mueller
• Tarrytown
• Travis Heights
• Bouldin Creek
• Westlake Hills
• Allandale
• Brentwood
• Circle C Ranch

Schedule a Consultation With a Skilled Austin Divorce Lawyer Today

The first step in resolving your family law issue is finding the right attorney to guide you. During your initial consultation at Oprea & Weber, you will have the opportunity to get to know us, discuss your situation, and decide whether we are the right fit for your needs.

If you are facing divorce, working through a child custody dispute, or simply want to plan a secure future with a prenuptial agreement, we invite you to reach out. Our Austin divorce attorneys are ready to listen, answer your questions, and help you move forward with confidence.