File for a Divorce in Austin

Going through a divorce can be extremely emotional and stressful, especially if you and your spouse have children. If you live in Texas, one step that you can take to make the process easier is to hire a lawyer to represent you and provide you with well-informed advice. Attorney Melissa Williams is committed to helping our clients with all their divorce needs and getting them through this difficult time in their lives. You can trust us to protect your rights and strongly fight for your best interests.

You Deserve Compassionate Support from a Legal Expert

At our firm, we know that many other lawyers use a formulaic approach to divorce cases. This is not an effective method, and we are dedicated to providing our clients with high-quality, personalized legal services. We understand that every case is different and requires special attention. Your divorce and family law matters are unique and your case deserves extensive preparation to ensure it has the best chance of a successful outcome. Throughout the decades we have been in practice, we have seen the way that careful strategy dramatically affects the possibility of success in a divorce.

Step-by-Step Guide to Filing for Divorce in Texas

The steps for divorce in Texas are relatively straightforward. Here is a brief summary:

• Petition – One spouse must file an Original Petition for Divorce with the court. The petitions papers must be delivered to the other spouse. The one who initially files for divorce is called the Petitioner, and the one who is served the papers is called the Respondent. If the spouses are filing for divorce together, then the Respondent can sign a waiver, which will void the need to be served the petition papers.
• Temporary Restraining Order – This is not required, but the Petitioner can ask for a Temporary Restraining Order to be served. This would:
  • Put a hold on assets until the court can divide them
  • State that the spouses can’t threaten or harass each other
• Answer – The Respondent will then file a response to the divorce petition.
• Temporary Orders – The court might issue temporary orders pertaining to custody, visitation, support, and property while the divorce is still pending. These orders might change when the divorce is finalized.
• Discovery – During this time, the spouses will exchange information and documents pertaining to the rest of the divorce process.
• Discussion – Along with attorneys or mediators, the spouses will work on settling the various aspects of the divorce case. If they reach an agreement on all of the matters, then they will file an Agreed Decree of Divorce, which will require the signatures of the spouses, attorneys, and the judge.
• Trial Date – This step is only applicable if the spouses can’t agree on all of the divorce matters. If there is disagreement, then a trial date will be set.
• Mediation – The spouses must go through the process of mediation before going to trial in an effort to settle their disagreements.
• Trial – If mediation is unsuccessful, then the case will go to trial. The court will rule on the necessary matters, and ultimately, there will be a Final Decree of Divorce that the judge signs and is binding to both spouses.

Texas Divorce FAQs

Below are answers to a few commonly asked questions about divorce in Texas. Don't hesitate to contact our firm for more information regarding your specific situation.

How much does it cost to get a divorce in Austin, Texas?

The cost of a divorce in Austin can vary widely depending on several factors, such as whether the divorce is contested or uncontested, the complexity of the marital estate, and the need for any expert witnesses. On average, an uncontested divorce may cost between $500 to $2,000 in legal fees, while a contested divorce can range from $5,000 to $25,000 or more. Additional costs may include court filing fees, mediation fees, and costs associated with child custody evaluations.

How long does a divorce take in Austin?

The duration of a divorce in Austin can also vary significantly. For uncontested divorces, the process can take as little as 60 days, which is the mandatory waiting period in Texas. However, if the divorce is contested and involves complex issues such as property division, child custody, and spousal support, it can take several months to over a year to finalize. The exact timeline will depend on the specifics of the case and the court’s schedule.

What is the wife entitled to in a divorce in Texas?

In Texas, the division of property and entitlements in a divorce is based on community property laws. This means that any assets and debts acquired during the marriage are considered community property and are subject to division. A wife may be entitled to:

• A fair share of community property: This includes marital homes, vehicles, bank accounts, retirement accounts, and other assets.
• Spousal support (alimony): Depending on the length of the marriage and the financial circumstances of both parties, a wife may be entitled to temporary or permanent spousal support.
• Child support: If there are children involved, the wife may receive child support payments to help cover the costs of raising the children.

Is everything split 50/50 in a divorce in Texas?

No, Texas does not automatically split everything 50/50 in a divorce. Instead, Texas courts aim to divide community property in a manner that is “just and right,” which may not necessarily be an equal split. The court will consider various factors, including the earning capacities of both spouses, the education and health of both parties, the needs of the children, and any evidence of wasteful spending or fraud. This approach allows for a more tailored division of assets that takes into account the unique circumstances of each case.

How do I start the divorce process in Austin?

To begin the divorce process in Austin, you or your spouse must file an Original Petition for Divorce with the district court in the county where either of you resides. After filing, the petitioner must ensure that the respondent is formally served with divorce papers. The respondent then has a specific time frame to file an answer. From there, the divorce process can involve discovery, mediation, and possibly a trial if the parties cannot reach an agreement.

Do I need a lawyer to file for divorce in Austin?

While it is possible to file for divorce without an attorney, it is highly recommended to seek legal representation, especially if your divorce involves complex issues such as significant assets, child custody disputes, or spousal support. An experienced divorce lawyer can help ensure that your rights are protected and that you receive a fair settlement.

Can we use mediation to settle our divorce in Austin?

Yes, mediation is a common and often effective way to resolve divorce disputes in Austin. In mediation, a neutral third-party mediator helps the spouses negotiate and reach an agreement on various issues such as property division, child custody, and support. Mediation can be a more amicable, quicker, and less expensive alternative to going to trial.

What happens if my spouse refuses to sign the divorce papers?

If your spouse refuses to sign the divorce papers, you can still proceed with the divorce. In such cases, the divorce becomes contested, and the court will schedule hearings to address the contested issues. Ultimately, the court can grant the divorce even if one spouse does not agree to it, based on the evidence presented.

How is child custody determined in a Texas divorce?

Child custody in Texas is determined based on the best interests of the child. The court considers various factors, including the child’s physical and emotional needs, the parenting abilities of both parents, the stability of each parent’s home, and the child’s relationship with each parent. The goal is to create a custody arrangement that promotes the child’s well-being and maintains a strong relationship with both parents whenever possible.

Can I modify my divorce decree in Austin?

Yes, it is possible to modify a divorce decree in Austin if there have been significant changes in circumstances since the original decree was issued. Common reasons for modification include changes in income, relocation, or changes in the needs of the child. To request a modification, you must file a petition with the court and demonstrate that the changes are substantial and warrant a revision of the decree.

For more information or to discuss your specific situation, contact us today. Our experienced attorneys are here to provide the guidance and support you need during this challenging time.

Is Texas a no-fault divorce state?

Texas does allow for no-fault divorces, which means that neither spouse needs to be "at fault" in order to file for a divorce. However, it’s important to know that the state will consider any “faults” presented in the divorce petition when deciding other matters related to the divorce. This includes property division, child custody, child support, spousal support, etc.

What are the grounds for divorce in Texas?

When a married couple files for divorce in Texas, there are several different reasons they can use.

• Insupportability (essentially, “no-fault”)
• Separation
• Mental Disorder
• Cruelty
• Abandonment
• Felony
• Adultery

What are the residency requirements for divorce in Texas?

There are two residency requirements to consider:

• Before filing for divorce in Texas, one of the spouses needs to be a resident in the state for at least 6 months
• Before filing for divorce in a given county, the spouse must reside in that county for at least 90 days

What is a collaborative divorce?

Collaborative law was established in the 1990s, and it allows for couples to settle their divorce outside of the courtroom. Instead of confronting each other in court, each spouse can work with their own attorneys, and then everyone can come together to collaboratively settle the various aspects of the divorce.

Does Texas allow for legal separation?

Texas is a part of only a handful of states that don’t allow for legal separation. Legal separation would allow a couple to settle their terms as if they were divorcing without legally ending the marriage.

Get the Support You Need During Your Divorce

At our firm, we have over two decades of experience helping families get through all types of divorce cases. We understand that there are many elements to a divorce which can be overwhelming, and our goal is to ease the burden on you. It is important to focus on what is best for you and your children and work to move on from the past. Fortunately, having an attorney on your side can help you make sound decisions and work towards the best possible resolution. You can rely on our legal professionals to provide you with the caring and capable representation you need and deserve.