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Divorce Law in Austin-What You Need to Know Today
By Eric M. Willie |
To file a for a divorce in Austin, TX, your lawyer will first file a Petition for Divorce. This is the first step to getting on the Court’s docket and your petition will set forth the reasons for your divorce. Your petition has to show evidence for these grounds.
After filing for divorce, your spouse must be served. This refers to “service of process.” This simply means that the petition must be delivered to your spouse, by a process server or sheriff, which will then start the clock ticking. Your spouse will need to respond to your petition. They can either chose to do this themselves or they may hire a lawyer. We find that typically, the other spouse hires a lawyer, and you must gauge the qualifications of the other lawyer from the outset.
There is a 60-day waiting period from the time the Petition is filed with the court until the divorce decree is issued and the divorce is final. This is sort of a ?cooling off period.?
During the divorce proceeding, the spouses will then need to work out issues such as child custody, child support, spousal support, how property should be divided etc. If the parties can’t agree to all issues, the time frame can take much longer. Easier divorces are done in 60 days, while some divorces can drag on for months or years. It is up to you.
For a divorce in Austin, Texas, there are really two grounds: one is the fault divorce, and the other is the no-fault divorce. Texas is a no-fault state, but parties may allege fault. A no-fault simply means that the “marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” This basically means that it’s neither parties’ fault, but that the marriage cannot continue.
So any reason or no reason at all is grounds for divorce. But, there are times when a party may want to allege fault to try and better position your case. These fault grounds are:
Adultery; Imprisonment or conviction of a felony; Imprisoned for at least one year for a felon and has not been pardoned; Abandonment whether intentionally or remained apart for at least one year; Insanity and confinement to a mental hospital; Living Separate and apart without cohabitating for minimum of three years; and Mental cruelty
Eric Willie is known as a top divorce attorney in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.
Topics: Breaking Up |