Deciding to end a marriage is a weighty and emotionally difficult decision, and when you’re ready to take that step, it’s important to not get bogged down in the legal process involved in filing for divorce in Austin, TX. You have enough on your plate already, and a skilled divorce lawyer with extensive family law experience in the Austin area can help you get through the process as easily as possible. Here’s what you need to know.
To file for divorce in Austin, you or your spouse must meet specific residency requirements established by Texas law. At least one spouse must have been a resident of Texas for at least six months and a resident of the county where the divorce is to be filed for at least 90 days.
Texas is a contested or uncontested divorce state. This means you can file for divorce based on specific fault grounds, such as adultery or cruelty, or on the uncontested ground of insupportability. Insupportability simply means the marriage has broken down and there is no chance of reconciliation. The majority of all Texas divorces are filed on the grounds of insupportability; however, be aware that you’ll still need to have reached a divorce settlement or the court will not accept your uncontested divorce. This settlement must include agreements on child support, custody, and visitation; alimony or spousal support (if any); and asset division.
Many people who try to file for divorce on their own find that once they start this process of negotiation on a divorce settlement that an amiable divorce quickly begins to turn adversarial. The best way to keep that from happening is always to work with an Austin, TX divorce lawyer who can help you to protect your own interests, negotiate effectively, and provide an objective, third-party perspective on what your spouse wants and whether it’s reasonable. A lawyer can help you come to a compromise and will also make sure that your divorce settlement will be acceptable to the courts.
In Austin, divorce petitions are filed with the Travis County District Clerk’s office. They can be filed in person at the courthouse or electronically via the E-File Texas system. Filing fees will apply, and these fees may vary depending on whether you have children.
The divorce petition is a formal legal document that initiates the divorce process. It outlines basic information about you, your spouse, and your marriage. If you have children, the petition will also include details regarding child custody, visitation, and child support. While Texas offers standardized divorce petition forms, working with a family law attorney can help ensure everything is completed accurately and comprehensively, even if you’re filing for an uncontested divorce. If you are filing a contested divorce, you should never attempt to file on your own. Always talk with a lawyer immediately.
After filing the divorce petition, you must formally serve your spouse with a copy of the document and a citation. This informs your spouse of the pending divorce action and provides them with the opportunity to respond. Service of process must follow the legal requirements outlined in the Texas Rules of Civil Procedure. There are several ways to serve a spouse. A process server or constable can hand-deliver the paperwork directly to your spouse, or you can send the documents by certified mail, restricted delivery, and return receipt requested.
If you are unable to locate your spouse after diligent efforts, you can petition the court to grant service by publication in a local newspaper. You have to give your spouse of minimum of 45 days notice before a divorce trial if you’re going the contested route. Once your spouse has been served, they have until the Monday following 20 days from the date they receive the papers to respond. If this is a contested divorce, you can expect them to normally deny your claims and possibly to file a counterclaim.
In Texas, there is a mandatory 60-day waiting period after filing the divorce petition before the divorce can be finalized. This waiting period is designed to provide a potential window for reconciliation. However, the waiting period can be waived in certain circumstances, such as cases of domestic violence.
In some cases, the court will order that the two parties enter into mediation to resolve their differences. Your lawyer can help you through the mediation process, whether court-ordered or voluntary. If you feel that mediation is not a viable option, perhaps because of domestic violence or worries over potential abuse of your children, your lawyer can help you petition to skip mediation and also to file restraining orders and anything else necessary to protect your safety and that of your children.
While a divorce case is pending, it may be necessary to establish temporary orders to address issues that need immediate attention. Temporary orders can, for example, define where your children will primarily live during the divorce process and establish a visitation schedule for the noncustodial parent. Temporary child support orders ensure financial support for your children while the case is ongoing.
If applicable, temporary spousal support (alimony) may be ordered to provide financial assistance to a spouse during the divorce proceedings, and temporary orders might also outline who gets to stay in the marital home and who has use of specific assets, like vehicles, during the divorce. Temporary orders are usually obtained through a temporary orders hearing, which can be held shortly after the divorce petition is filed. At this hearing, your family law attorney will present arguments and evidence in support of your proposed temporary arrangements.
In contested divorces, the discovery process is important as it allows both spouses to gather information and evidence relevant to the divorce proceedings. Discovery tools include interrogatories, which are written questions that must be answered under oath. As part of this process, the attorneys can also formally request documents like bank statements, tax returns, property appraisals, or other records relevant to the divorce. Discovery might also include depositions, which are sworn, in-person testimony from a witness or a party to the divorce.
Once all issues are resolved – either through agreement in an uncontested divorce or by court order in a contested case – the judge will issue a final divorce decree. This decree legally dissolves the marriage and outlines the final terms regarding things like property division, child custody, support and visitation, and spousal maintenance, if awarded.
If you are considering filing for divorce in Austin, TX, the most important first step is to consult with an experienced divorce lawyer. An attorney will provide you with personalized guidance, explain your legal options and responsibilities, ensure you file in the right way and with the right court, assist you in negotiations, discovery, and in obtaining temporary orders if needed, help you with mediation, and get your case through divorce court if needed.
At The Eggleston Law Firm, PC, we understand the challenges of divorce and how alone clients can feel during this difficult time. If you are considering divorce or need legal assistance with any family law matter, contact us today at The Eggleston Law Firm, PC in Austin, TX today for help.
