Austin Divorce Attorney
Divorce can be one of life’s most challenging experiences. This legal process commonly brings forth emotional and financial turmoil with uncertainty about how it will ultimately impact your life and future. When children are involved with a divorce, it can become even more complex and demanding. You may feel your relationship with your children is on the line, as well as your economic future in supporting them and you.
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Divorce in Texas
The state of Texas provides no-fault as well as fault-based grounds for divorce. The most common form of divorce is the no-fault option based on irreconcilable differences preventing the marriage from being saved. This type of Texas divorce does not require proof of marital misconduct. However, it may still be contested where spouses cannot agree on a legal settlement of all divorce-related issues. Resolving these family law issues may call for negotiation or litigation in an Austin court.
- The division of marital property and debt. Texas operates on a community property basis that calls for as even a division as possible of marital property.
- Child custody and visitation. This involves both legal custody and physical custody. Legal custody gives parents major decision-making legal rights concerning children while physical custody authorizes with whom the child will live.
- Child support. This family law issue is calculated according to Texas state guidelines.
- Spousal support. This provides financial support to a less economically-advantaged spouse and is decided by the TX courts after reviewing many factors on a case-by-case basis.
All property and income either spouse obtained during the marriage In Texas belong to both spouses equally. In Texas, the judge will similarly divide the couple’s assets during the divorce proceedings.
If you and your spouse can agree on the family law issues related to your divorce, you can have your legal settlement agreement formalized and submitted to the Austin judge for approval.
Texas does allow for fault-based divorce grounds, such as cruelty, adultery, abandonment, and conviction of a felony. When filing for this type of divorce, you must prove the fault in court in Texas. If you are successful, such guilt may influence the outcome of such family law issues as marital property division, child custody and support, and spousal support. Contested fault-based divorces generally take longer due to the need for additional court hearings.
In Travis County, a divorce typically takes about six months to one year or longer, depending on the challenges of any issues or the extent of the conflict. A divorce in Texas is still being determined at least 60 days after a spouse files for a petition.