Austin Fault-Based Divorce Lawyer

Under Texas law, the divorce process can unfold in different ways. In some cases, the parties might reach a consensus on the important issues and go through this process while working together. However, this approach might not be an option for other couples.

If you are facing the end of your marriage and are unsure of your next steps, a dedicated divorce attorney could help. When litigation becomes necessary, an Austin fault-based divorce lawyer could review the facts and give you a clear picture of your case.

What is a Fault-Based Divorce?

Under state law, a fault-based divorce occurs when one spouse formally blames the other for the breakdown of the relationship. The process differs from no-fault divorces, which allow a couple to split due to irreconcilable differences that do not place the blame on either side.

There are four distinct fault-based grounds that a person might rely on when filing for divorce. They include:

• Cruelty: any harsh treatment, like physical or mental abuse
• Adultery: any kind of voluntary sexual act with someone other than a spouse
• Felony conviction: serves as viable grounds if they are imprisoned for at least a year
• Abandonment: requires evidence that a spouse voluntarily left without any intention of returning to the marriage and that they have been gone for at least a year

An Austin-based attorney could help someone understand the type of fault-based divorce for which they must file.

Meeting The Requirements

No matter which type of divorce a person chooses, they must meet the minimum standard under state law in order to qualify. The court may only bring a marriage to its formal end if the judge has jurisdiction to do so.

The primary issue is the residency requirement. One of the parties—either the person filing or their spouse—must have lived in this state for six months before they are eligible to file for at-fault divorce, according to state law. What’s more, Austin residents must reside in the county where they intend to file for at least three months ahead of time.

The Time Frame For a Fault-Based Divorce

Any time two people decide to dissolve their marriage, there is a waiting period that limits how fast a final decision can be reached. According to state law, a judge cannot grant a final divorce decree for at least 60 days following the petition’s filing.

This 60-day window represents the shortest possible wait for a divorce; most fault-based cases take much longer to resolve. This is because negotiating the complex questions surrounding child custody or property division can take time. In many situations, litigation might be required to reach a conclusion.

When even one major issue is hotly contested, the process can take months or even years. In some cases, both sides might continue to negotiate a resolution up until the moment the trial begins. A lawyer serving Austin could provide insight into how long the fault-based divorce case might take to conclude.

Contact an At-Fault Divorce Attorney in Austin Today

If you plan on ending your marriage, the process you choose can impact you dramatically. An Austin fault-based divorce lawyer could answer your questions and help you understand the benefits and drawbacks of this approach.

Before you consider handling your case on your own, you could benefit from a private consultation with legal counsel. Call today to learn more.