Divorce is one of life’s most challenging experiences. Women often face unique legal and financial considerations during divorce. Whether you’re concerned about protecting your financial security, securing fair spousal support, pursuing favorable custody arrangements, or handling complex property division, we provide experienced representation tailored to women’s specific needs.
Our Austin divorce attorneys combine compassionate support with strong advocacy. We help you achieve outcomes that protect your interests and your family’s future. With decades of combined experience in family law, Smith & Bledsoe Family Law understands the challenges women face. We fight for your rights every step of the way.
Why Women Need Experienced Divorce Representation
Divorce presents unique challenges for women. These challenges require experienced legal guidance. Women often face distinct concerns during divorce proceedings, including securing adequate spousal support, protecting financial independence, ensuring favorable custody arrangements, and handling property division under Texas community property law.
At Smith & Bledsoe Family Law, we understand these concerns. We provide focused representation that addresses the specific needs of women going through divorce. According to the Texas Family Code, women have specific protections and rights during divorce proceedings.
Women may worry about their financial security after divorce. This is especially true if they took time away from their careers to raise children or support their spouse’s professional development. Additionally, mothers often prioritize custody arrangements that protect their relationship with their children. They also want to ensure adequate child support.
Our attorneys recognize these priorities. We work strategically to achieve outcomes that protect your interests and your family’s future.
Our Approach to Women’s Divorce Cases
Smith & Bledsoe Family Law brings extensive experience representing women through all types of divorce proceedings. Our team understands that every woman’s situation is unique. We tailor our representation to your specific circumstances and goals.
Whether you’re concerned about spousal support, property division, custody arrangements, or a combination of these issues, we provide strategic counsel and strong advocacy. Our attorneys have successfully guided women through complex divorces involving high-value assets, business interests, and contested custody matters.
Divorce can be emotionally challenging, which is why we maintain a compassionate approach while remaining strong in protecting your rights. Our team communicates regularly with our clients. We keep them informed about case developments and ensure they understand their options at every stage. Our success stories demonstrate our commitment to achieving favorable outcomes.
Moreover, our attorneys team up with financial experts to determine the value of complex assets and divide them fairly when necessary. We address retirement account division, investment portfolios, and other complex financial matters.
Spousal Support and Alimony for Women in Texas
Spousal support, also called spousal maintenance or alimony, can provide crucial financial stability after divorce. Texas law allows courts to award spousal maintenance to qualifying spouses. Understanding your eligibility and options is essential to securing this support.
Texas spousal maintenance is not automatic. Courts award maintenance only when a party meets specific conditions. One spouse must lack sufficient property to meet their minimum reasonable needs. Additionally, at least one of the following must apply: the paying spouse was convicted of or received deferred adjudication for a family violence offense; the marriage lasted at least 10 years; or you cannot earn sufficient income to meet your minimum reasonable needs due to a disability or caregiving responsibilities.
The amount and duration of maintenance depend on several factors. These include the paying spouse’s income, the length of the marriage, each spouse’s earning capacity, and the standard of living established during the marriage. Eligibility for spousal maintenance is outlined in the Texas Family Code Section 8.051, while Sections 8.052 through 8.055 provide guidance on how maintenance is determined and limited.
Women who took time away from careers to raise children often qualify for spousal maintenance. If you sacrificed educational or career opportunities during the marriage, this strengthens your case for support. Our attorneys evaluate your situation carefully. We pursue maintenance awards that reflect your contributions and current financial needs.
Maximizing Your Spousal Support Award
Our attorneys develop comprehensive strategies to maximize your spousal support award. We document your contributions to the marriage, demonstrate your financial needs, and present evidence of the paying spouse’s income and earning capacity. We negotiate aggressively to secure the longest possible maintenance duration and pursue the highest appropriate amount.
Property Division and Asset Protection for Women
Texas community property law presumes both spouses own property acquired during marriage equally. This presumption can significantly benefit women who contributed to the marriage through homemaking, child-rearing, or supporting their spouse’s career development.
However, protecting your interests requires careful analysis. You need to understand what constitutes community property versus separate property. The Texas Property Code provides the legal framework for property division.
Community property includes income earned during the marriage, real estate purchased with marital funds, retirement accounts accumulated during the marriage, and business interests developed during the marriage. Separate property includes assets owned before marriage, inheritances, and gifts received during marriage.
Properly characterizing assets is essential in any divorce. Separate property remains with the spouse who owns it, while courts divide community property under Texas law. High-asset divorces demand careful attention to the valuation and division of complex assets. When your marriage involves substantial assets, business interests, or investment portfolios, our attorneys collaborate with financial experts to ensure accurate identification and valuation of all property. We protect your interests in retirement accounts, business valuations, real estate holdings, and other valuable assets.
Community Property vs. Separate Property in Texas
Understanding the distinction between community and separate property is fundamental to achieving a fair divorce settlement. You and your spouse must divide community property acquired during the marriage equally unless you both agree otherwise. Separate property remains with the spouse who owns it.
Our attorneys carefully analyze your assets. We also address issues like overlooked details in divorce agreements that could impact your financial security.
Protecting Your Financial Independence Post-Divorce
We develop comprehensive financial strategies to protect your independence after divorce. This includes securing appropriate property division, spousal support, and child support. These ensure you can maintain financial stability and provide for your children.
We also address issues like health insurance continuation and tax implications of property division. Our attorneys help you understand what assets cannot be split in a divorce and how to protect your interests.
Child Custody and Support for Mothers
If you have children, custody and child support arrangements are among the most important aspects of your divorce. Texas courts apply the “best interest of the child” standard when determining custody. Courts consider factors including each parent’s relationship with the child, the child’s needs, stability, and each parent’s ability to meet those needs.
Mothers often seek primary custody or managing conservatorship. This provides the right to make major decisions about the child’s education, healthcare, and religious upbringing. Texas courts do not favor either parent based on gender. Instead, courts focus on what arrangement serves the child’s best interests.
Our divorce lawyers effectively present evidence demonstrating why a custody arrangement favoring you serves your children’s interests. We have extensive experience with mothers’ custody rights and can help you achieve favorable outcomes.
Child support in Texas is calculated using statutory guidelines. The guidelines are based on the paying parent’s income. The guidelines provide for 20% of income for one child, 25% for two children, 30% for three children, and higher percentages for additional children. Our attorneys help ensure child support is calculated correctly and enforce child support orders if the paying parent fails to meet obligations.
Divorce Options: Collaborative, Mediation, and Litigation
Women have several options for resolving a divorce. Each option has distinct advantages. Understanding these options helps you choose the approach that best serves your interests and your family’s needs.
Collaborative divorce involves both spouses and their attorneys working together. You reach an agreement without court involvement. This approach can reduce conflict, lower costs, and provide more control over outcomes.
Mediation involves a neutral third party helping you and your spouse negotiate a settlement. Divorce mediation expectations in Texas can help you prepare for this process.
Litigation involves court proceedings where a judge makes decisions about contested issues. Our attorneys have extensive experience with all three approaches. We help you choose the option that best serves your situation.
Some women prefer collaborative divorce or mediation. These approaches reduce conflict and allow more control over outcomes. Others require litigation because their spouse refuses to negotiate fairly. Contested issues may require judicial determination. We assess your situation and recommend the approach most likely to achieve your goals. We protect your interests throughout the process.
Why Choose Smith & Bledsoe Family Law for Your Women’s Divorce
Smith & Bledsoe Family Law brings extensive experience, proven results, and genuine commitment to protecting women’s interests in divorce. Our team includes attorneys recognized for legal excellence and client service. We maintain a practice focused exclusively on family law matters.
Managing Partner Christian Smith is recognized as a Texas Super Lawyers Rising Star (2023-2024), Austin Monthly Top Attorney (2023), and recipient of the National Association of Family Law Attorneys Top 10 Under 40 Award (2019). Michael Araj is a 2024 SuperLawyers Rising Star with 13 years of experience in high-asset divorces and custody disputes. Brandon Bledsoe brings 16 years of trial experience in complex family law litigation. Our team also includes female attorneys who understand women’s perspectives and concerns.
Frequently Asked Questions About Divorce for Women in Austin
What is a wife entitled to in a divorce in Texas?
In Texas, a wife is entitled to her fair share of community property acquired during the marriage. Texas law presumes community property is divided equally unless you and your spouse agree otherwise. Additionally, if you meet eligibility requirements, you may receive spousal maintenance. You are also entitled to child support if you have custody of minor children. Our attorneys work to maximize your entitlements under Texas law.
How long does a divorce take in Austin?
The timeline for divorce varies depending on whether the divorce is contested or uncontested. Uncontested divorces where both spouses agree on all issues can be finalized in as little as 60 days. This is the mandatory waiting period in Texas. Contested divorces involving disputes over property, custody, or support can take several months to over a year. Our attorneys work efficiently to resolve your case as quickly as possible. We protect your interests throughout the process. For more details, see our guide on divorce time in Texas.
Can I get spousal support if I stayed home to raise children?
Yes. If you stayed home to raise children and meet other eligibility requirements, you likely qualify for spousal support. Texas law recognizes that staying home to raise children affects your earning capacity and career development. If you lack sufficient property to meet your minimum reasonable needs or cannot earn sufficient income due to caregiving responsibilities, you may receive maintenance. Our attorneys evaluate your situation and pursue appropriate support. Discover more about spousal support for women who stayed home.
What happens to my retirement accounts in a divorce?
Retirement accounts accumulated during the marriage are community property. They are divided in divorce. This includes 401(k)s, IRAs, pensions, and other retirement plans. Dividing retirement accounts requires careful attention to tax implications and proper legal procedures. Our attorneys ensure retirement accounts are properly valued and divided. We protect your interests and minimize tax consequences. Learn about the 401(k) division in a Texas divorce.
How is child support calculated in Texas?
Texas uses statutory guidelines to calculate child support. The guidelines are based on the paying parent’s income. The guidelines provide for 20% of income for one child, 25% for two children, 30% for three children, and higher percentages for additional children. The guidelines apply to income up to a statutory cap. Courts can order support above the cap in high-income cases. Our attorneys ensure child support is calculated correctly. We ensure that all income sources are considered. For detailed information, see our article on how to calculate child support in Texas.
Can I modify spousal support or child support after divorce?
Yes. You can seek modification of spousal support or child support if there has been a substantial change in circumstances since the divorce. Changes in income, job loss, health issues, or changes in custody can justify modification. Our attorneys help you pursue modifications when circumstances change. We also defend against modification requests from your ex-spouse. Learn more about modifying child support cases.
What if my ex-spouse refuses to pay support?
If your ex-spouse refuses to pay court-ordered support, we can pursue enforcement through contempt proceedings. The court can hold your ex-spouse in contempt. The court can impose fines or even jail time for willful failure to pay. We also pursue remedies like income withholding, property liens, and other collection methods. Our attorneys enforce support orders aggressively. We ensure you receive the support you are entitled to. For more information, see our guide on how to enforce a child support order in Texas.
How does a business get divided in a divorce?
If your spouse owns a business, the business may be community property subject to division in divorce. Dividing a business requires professional valuation. We determine its value and analyze whether it is community or separate property. We negotiate or litigate regarding division. Options include one spouse buying out the other’s interest, selling the business and dividing the proceeds, or continuing joint ownership. Our attorneys work with business valuation experts. We protect your interests in the business division.
Contact Smith & Bledsoe Family Law Today
If you are considering divorce or facing divorce proceedings in Austin, call Smith & Bledsoe Family Law today at (512) 277-3166 to schedule your free consultation. Our experienced attorneys are ready to discuss your situation. We serve women throughout the Austin area and surrounding communities.
Our offices are located in Cedar Park and North Austin. We are available to meet with you at your convenience. Our lawyers understand that divorce is challenging. We provide compassionate support and strong advocacy.