Divorce Law in Austin-What You Need to Know Today

If you are thinking about getting a divorce in Texas, you must first file a Petition for Divorce with the court setting forth the grounds for the divorce and you must support your petition by showing evidence for those grounds.

The grounds may be no fault or fault. The Petition must also be served and delivered to your spouse by a process server, who can be a sheriff or private process server. Your spouse will have a certain number of days to respond. Each county also has local rules that must be complied with.

From the time the divorce petition is filed, there is a sixty day waiting period, until the divorce may become final. This is kind of a "cooling off" period so that the spouses are not jumping into to anything based on a rash decision.

There are many issues that will be worked out during the divorce. It depends on your unique situation, but some common themes to be decided are the award of child support, child custody, how property is divided, whether a party is entitled to spousal support and many more issues.

It is really up to you how long the process takes. If you and your spouse can agree, then the process can be done in 60 days. I have seen some divorces drag on for years or at least issues related to the divorce.

To file for a divorce in Austin Texas, there are two statutory grounds: The first is a no-fault divorce, and the second is a fault divorce. A no-fault divorce is legally defined as a "marriage that 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." So for all intents and purposes, any reason at all is a reason for divorce in Austin, TX.

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 a Partner at the Law Office of Willie & Dasher in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.

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