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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.
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.
Divorces are broadly categorized as either contested or uncontested, depending on whether the couple agrees on the terms of the divorce. A contested divorce occurs when spouses disagree on one or more issues related to the divorce, such as property division, child custody, or support payments. On the other hand, an uncontested divorce is when both parties generally agree on all key terms.
Uncontested divorces may be further categorized as agreed, which occurs when both spouses agree on all relevant issues, or default, which happens when one spouse fails to respond to the divorce petition after being properly served. Further, divorces may be filed based on no-fault grounds or fault grounds. Specific fault grounds that are valid in a divorce include:
In Texas, the most common type of divorce is based on “insupportability,” meaning there is discord or a conflict of personalities, making reconciliation unlikely.
In Texas, both collaborative divorce and mediation offer alternatives to traditional litigation, but they differ in their structure and approach. Collaborative divorce involves both spouses hiring Austin attorneys trained in collaborative law, working together to settle outside of court. The collaborative process may lead to more creative solutions as it focuses on individual needs and interests, but it requires open communication and a willingness to compromise from both parties.
The couple and their lawyers meet together to discuss issues and work toward a mutually agreeable settlement. Collaborative divorce is a structured process with specific guidelines and protocols. If the collaborative process fails, the attorneys cannot represent either party in court, and new professionals must be hired.
Mediation, on the other hand, utilizes a neutral third-party mediator to facilitate discussions and help the couple reach an agreement. Mediation sessions are confidential, allowing for open and honest communication, and could be a quicker and less expensive option than traditional litigation. Couples retain control over the decision-making process, as the mediator facilitates rather than dictates. However, if the mediation is unsuccessful, the case may need to proceed to litigation.
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 is 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 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.
Texas is a community property state, meaning that both spouses have equal rights to everything either 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.
Spousal maintenance is not automatic in this state. When a spouse can prove a need and demonstrate that their spouse has the means to pay, a court might award it temporarily. Generally, a spouse will not be entitled to payments if the marriage lasted less than ten years, and judges rarely award spousal support for more than three years after the divorce.
However, couples can agree between themselves that one spouse will make ongoing support payments to the other. Spouses are free to agree for whatever duration and in whatever amounts they choose.
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, health care, 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.
Navigating a divorce without a lawyer could be challenging, even in seemingly straightforward cases. While it might seem better to save money, forgoing legal representation could lead to several significant drawbacks that may cost you more in the long run. Divorce involves many legal complexities, particularly when dealing with matters we previously discussed. Without a lawyer, you may struggle to fully understand your rights and the applicable laws in Texas, potentially leading to unfair or incorrect agreements.
An Austin divorce attorney could ensure your interests are protected and that you receive your fair share of assets and debts. Without a lawyer, you might overlook crucial details, undervalue assets, or agree to terms that are not in your best interest, particularly if there is a power imbalance in the relationship. Divorce often significantly impacts both your immediate and long-term finances. Overlooking retirement accounts, tax implications, and future expenses when evaluating issues such as child support and spousal support could be detrimental.
In some cases, a spouse may even try to hide assets during a divorce. A lawyer could help uncover these through financial discovery tools, ensuring a fair division of marital property. Seeking legal advice early in the process is crucial for understanding your rights and legal obligations.
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.
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