The decision to file for divorce is rarely easy or simple. Even after you’ve reached your decision, the divorce process in Austin, TX, can be complicated and overwhelming at times. Whether your relationship is amicable or difficult, it’s always important to have an experienced Austin divorce lawyer in your corner.
Our team at Kazen Family Law & Divorce Lawyers has more than 19 years of experience handling family law cases. We’ve helped countless families like yours develop successful strategies to meet their goals.
When you hire us, you can count on our Austin divorce lawyers to stand by your side every step of the way. Whether you’ve made your decision or are contemplating your options, call our law firm in Austin, Texas, to schedule a free consultation today. Our lawyers are always here to help. Contact our law offices today at (512) 236-1315.
Even if you think you have no major disagreements, it’s important to hire an experienced Austin family law attorney to handle your case. The results of your divorce will significantly impact your financial security and your relationship with your kids.
Once a divorce is finalized, it’s often difficult to get the order modified. With an experienced Austin family attorney by your side, you’re much more likely to reach a favorable outcome from the start.
When you hire Kazen Family Law & Divorce Lawyers, you’ll have an advocate to:
If you have questions about obtaining a divorce in Austin, call our law offices to arrange a free consultation today.
Before filing for divorce, it’s important to become familiar with the divorce process. You must satisfy certain legal requirements before your divorce is finalized.
The process for obtaining a divorce will depend on whether the divorce is contested or uncontested.
In an uncontested divorce, both parties agree to the divorce. They also agree to all relevant terms of the divorce settlement. That typically includes family law issues involving spousal support, property division, child custody, and child support.
In uncontested divorces, you simply file a copy of the divorce papers with the county clerk, and the judge can approve it.
Texas has a standard document that you can use to file for divorce if:
Texas also has forms available for situations involving property but no children and for situations involving minor children.
Once the judge approves the paperwork, there is a 30-day appeal window.
In contested divorce cases, there are disputes over one or more issues.
Here is a simplified overview of the legal process:
Typically, the judge will then issue a final divorce order once the trial is finished.
As in most states, you must satisfy certain residency requirements before filing for divorce in Texas.
Before you can file for divorce in Texas, one spouse must live in the state for at least six months. You must also reside in the county where you file for divorce for at least 90 days prior to filing.
Even if one spouse lives in another state, they can file for divorce in Texas if their spouse has resided in Texas for at least six months. The papers are filed in the Texas county where the non-filing spouse resides.
Under Texas law, there is a 60-day waiting period before the court can finalize your divorce. That’s true even if both parties agree to the terms of the divorce. The 60-day clock starts to run on the date the suit for divorce is filed.
Aside from the 60-day waiting period, Texas doesn’t require any type of legal separation before a divorce is granted. While you can separate, you’re not required to do so.
Unless you obtain a waiver from the family court, neither spouse can remarry before 30 days have passed. This 30-day clock starts running on the date the divorce decree is finalized.
It is possible to obtain a no-fault divorce.
Under Texas family laws, family courts can grant a no-fault divorce if:
You can also obtain a fault-based divorce under Texas law.
Grounds for divorce based on fault in Texas include:
Most divorces are based on the state’s no-fault law. In contested cases, the non-filing spouse can present evidence to show that reconciliation is possible, but it’s ultimately up to the courts to make the decision.
Texas is a community property state. While most assume that community property will be split equally between the divorcing spouses, Texas courts divide property based on what is “just and right.”
Separate property, on the other hand, is not divided. Separate property is property that either spouse can prove they brought into the marriage.
When dividing marital property, Texas courts evaluate several factors, including the income of each party, whether one spouse has primary custody of children, and whether the divorce is based on the fault of one spouse.
In Texas, alimony is called “spousal maintenance.” A court could order one spouse to pay spousal maintenance to provide continuing support to the other spouse even after the divorce settlement is finalized.
Factors that are most relevant in determining whether to award spousal support include:
Sometimes, temporary support orders are granted to allow the receiving spouse to complete training so that they can support themselves.
Child custody arrangements in Texas are based on the child’s best interests. Under Texas law, a standard possession order is used as a baseline for determining the non-custodial parent’s right to parenting time.
Child support obligations are determined based on specific guidelines developed by the state of Texas. In determining whether to award child support to one parent, courts evaluate each parent’s income, custody arrangements, the number of children, and any special needs of the child.
At Kazen Family Law & Divorce Lawyers, our family law attorneys handle all types of divorce cases in Austin, including those involving:
Our Austin divorce attorneys are here to help you at any stage of the divorce process. Contact us today to arrange a free case review to learn more about this practice area.
Even in the most amicable cases, divorce proceedings can quickly become heated. An experienced Austin divorce lawyer can guide you through the process and work toward the smoothest resolution possible.
To learn more about how a divorce lawyer can help, contact our law firm Kazen Family Law & Divorce Lawyers for a free consultation today at 512-982-0969 to schedule a consultation and find out how we can help you with your divorce case.
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315
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