Austin Divorce Lawyer

When your marriage comes to an end, navigating all the changes can be challenging. You need a skilled and experienced legal professional to explain your options and help you meet your goals in your divorce.

Speak with an Austin divorce lawyer as soon as you begin to consider ending your marriage. Our family attorneys could help you set expectations and make plans, ensuring your divorce proceeds smoothly.

Legal Requirements To File for Divorce

To file for a divorce in Texas, one of the spouses must be a Texas resident, meaning they must have lived in the state for a continuous six-month period. Additionally, one of the spouses must be a resident of the county in which they file for divorce.

Like many other states, Texas is a “no-fault” divorce state. In no-fault divorce states, either spouse can file for divorce without proving the other spouse was at fault. Texas Family Code § 6.001 permits a spouse to cite “insupportability,” which means that personality conflicts prevent the couple from having a successful marriage, and there is no reasonable hope of reconciliation. 

The law allows a spouse to cite fault-based grounds such as cruelty, adultery, or abandonment. A spouse must prove any fault-based ground with evidence, which can extend the proceedings and lead to animosity. However, there are some valid tactical reasons for citing a fault-based ground, and it is wise to discuss these with a divorce attorney in Austin.

The Divorce Procedure

Divorce is often a lengthy process. Here’s how it works:

One spouse (the petitioner) files an Original Petition for Divorce and has these papers personally delivered to the other spouse (the respondent). If the spouses opt to work together, then the Respondent can sign a waiver waiving their right to personally deliver these papers.

The petitioner can request a temporary restraining order when they initially file for divorce. This order can request that the spouses treat each other civilly, do not harass or threaten each other, and that none of the couple’s assets disappear before a judge can divide them in court. If the request is granted, the court has two weeks to schedule a hearing. If it is not granted, the respondent has 20 days to file a response legally known as an answer.

Spouses who need more information from each other regarding court orders or property division will then go through a discovery process, where they exchange pertinent information and other documents. Next, the spouses discuss how to settle the case, whether it’s with a mediator or through the court. Spouses are required to at least attempt mediation before taking their case to trial.

If mediation fails and the case goes to trial, then both spouses’ Austin attorneys will prepare a Final Decree of Divorce that will be presented to the judge for their signature. This legally-binding decree outlines all of the court’s rulings and resolves any miscellaneous issues related to the divorce.

Other Temporary Court Orders

Other temporary court orders can be issued during a Texas divorce proceeding. Ideally, the spouses can negotiate these issues before they file for divorce. However, in most cases, one spouse files before the couple has agreed on everything.

 Property Division

Texas is a community property state, meaning that both spouses have equal rights to everything the spouse acquired during the marriage or the couple acquired together. The exceptions are gifts to one spouse and inheritances, which are the separate property of the spouse who received them. When a judge must divide a couple’s property, they typically begin with a 50/50 division and then consider factors that might favor one spouse receiving more than half of the marital property.

Alimony

Alimony is not automatic in this state. When a spouse can prove a need for alimony and demonstrate that their spouse has the means to pay, a court might award it temporarily. Generally, a spouse will not be entitled to alimony if the marriage lasted less than ten years, and judges rarely award alimony for more than three years.  

However, couples can agree between themselves that one spouse will make ongoing support payments to the other. Spouses are free to agree to alimony for whatever duration and in whatever amounts they choose.

Child Support and Child Custody

Couples who have children must create a parenting plan that describes how they will co-parent. The plan should describe how the parents will split time with the children and how they will allocate responsibility for decisions like education, healthcare, religious upbringing, and similar issues.

The parents must submit their plan to the court, and the judge will review it to determine whether it supports the children’s best interests. An Austin divorce attorney could help parents develop a plan that conforms to the best interests standard. When parents cannot agree, the judge will impose a plan. The law specifies that judges cannot favor one parent over the other based on gender. 

The parenting plan should also include provisions for child support. Child support amounts are determined by a formula, but parents are free to deviate from the formula by agreement as long as the children receive the minimum payment the formula requires.

Trust an Austin Attorney to Handle Your Divorce

Even the most amicable divorce can be stressful. You need a knowledgeable attorney who can help you meet your goals.

A seasoned Austin divorce lawyer from our firm could evaluate your situation, provide wise counsel, and advocate strongly for your desired outcome. Contact us today to schedule a consultation.