Divorce in Austin
Coming to the decision to get divorced in Austin is never an easy one. For many, it marks one of the hardest moments they will endure in their life. During this time it is important to get guidance that you can rely on so that you are able to make informed decisions about your future and plan for your family’s needs.
At Modern Family Law, our experienced and compassionate Austin divorce attorneys go out of their way to help clients understand and navigate through the Austin divorce process with ease. Our Austin divorce lawyers firmly believe that a better understanding of the divorce process will lead to smarter choices. We ensure that we guide client expectations while creating a partnership between lawyer and client for optimal outcomes!
There are two paths to getting a divorce in Austin, uncontested and contested divorces. An uncontested divorce is the path taken when the divorcing parties can agree on terms involved in their divorce. These terms include debt allocation, division of property, child custody, and any spousal or child support payments. This type of case may be less time-consuming than a contested one but it still requires an application for qualification if not met within certain guidelines set by state law – which will determine how much conflict there is during this process as well as how long it takes to come to fruition.
On the other hand, a contested divorce in Austin, Texas may be pursued instead when spouses cannot agree on specific aspects related to their separation such as distribution of assets or liabilities, decision-making about children among other things. The more conflict that’s present between the divorcing parties will determine how much the divorce costs as well as how long the proceedings will take prior to the divorce being finalized.
Regardless of the path taken to get a divorce in Austin, you will want to prepare yourself as much as possible so that you make the right decisions along the way. Our experienced and empathetic Austin divorce attorneys understand that no divorce case is the same. They will listen to the specifics of your case, hear your concerns and goals, and provide you with the guidance and counseling necessary for a fresh start to your life.
What Are The Legal Grounds For
Divorce In Austin?
Insupportability
In Austin, this is the only grounds for divorce in which there is no-fault placed on one of the divorcing parties. In other parts of the country, these grounds are commonly referred to as irreconcilable differences. This means you are stating that there are differences in your marriage that you and your spouse are unable to overcome.
Using this no-fault assertion requires the divorcing couple to agree that their relationship cannot be reconciled due to personality conflicts and that they have simply drifted too far apart to mend their differences. Generally, this ground for divorce is less expensive and faster as the divorcing parties are able to agree on the terms of the divorce.
Cruelty
This ground for divorce is utilized when one of the parties in a marriage is being treated so poorly by their spouse that they can’t reasonably stay in that marriage. This could be due to physical abuse, derogatory language, neglect, humiliation, or threats to one’s safety.
In order to obtain a divorce on the grounds of cruelty, it is the responsibility of the spouse filing for divorce to prove that the stated means of cruelty has made the marriage intolerable for them. In showing that their spouse has deliberately acted in such a cruel manner that it is no longer an option for them to remain together.
Abandonment
This can be used as a ground for divorce in Austin if your spouse has left you for a year or longer and has no intention of returning. In order to successfully file for this ground for divorce the intent of the abandoning spouse to have permanently left must be proven. The act of leaving is not enough to prove this ground for divorce.
Adultery
This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage. To be eligible for this ground of divorce, the filing party must be able to prove their spouse has committed adultery. The proof of sexual intercourse won’t be necessary, however circumstantial evidence that there has been an affair is required. This evidence can come in the form of text messages, phone records, photos and videos, and any bank statements that prove that adulterous behavior has taken place.
Conviction of a Felony
Austin law considers it a valid ground for divorce if your spouse has been in prison for a year or more due to committing a felony. However, you should be aware of two situations in which these grounds for divorce are not applicable:
1. When the prison sentence is less than a year.
2. When the convicted individual was placed in prison based on testimony provided by their spouse.
If these situations aren’t present then the Texas family code recognizes this as a valid ground for divorce.
Living Apart
It is legal grounds for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer. In this instance, the court generally views this arrangement as being agreed upon by both spouses as the duration is so long.
Confinement to a Mental Hospital
If your spouse has been confined to a mental hospital for a period of 3 years with no signs of their mental disorder improving, this can be claimed as a valid reason to file for divorce in Austin. This statute was instituted with the protection of the mentally ill’s best interests in mind. In order to properly divide property, the court may appoint someone to represent the confined individual.
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Divorce in Austin
At Modern Family Law, our experienced and compassionate Austin divorce attorneys go out of their way to help clients understand and navigate through the Austin divorce process with ease. Our Austin divorce lawyers firmly believe that a better understanding of the divorce process will lead to smarter choices. Regardless of the path taken to get a divorce in Austin, you will want to prepare yourself as much as possible so that you make the right decisions along the way. Our experienced and empathetic Austin divorce attorneys understand that no divorce case is the same. They will listen to the specifics of your case, hear your concerns and goals, and provide you with the guidance and counseling necessary for a fresh start to your life.
What Are The Legal Grounds For
Divorce In Austin?
In Austin, this is the only ground for divorce in which there is no fault placed on one of the divorcing parties. In other parts of the country, these grounds are commonly referred to as irreconcilable differences. This means you are stating that there are differences in your marriage that you and your spouse are unable to overcome.
Using this no-fault assertion requires the divorcing couple to agree that their relationship cannot be reconciled due to personality conflicts and that they have simply drifted too far apart to mend their differences. Generally, this ground for divorce is less expensive and faster as the divorcing parties are able to agree on the terms of the divorce.
This ground for divorce is utilized when one of the parties in a marriage is being treated so poorly by their spouse that they can’t reasonably stay in that marriage. This could be due to physical abuse, derogatory language, neglect, humiliation, or threats to one’s safety.
In order to obtain a divorce on the grounds of cruelty, it is the responsibility of the spouse filing for divorce to prove that the stated means of cruelty has made the marriage intolerable for them. In showing that their spouse has deliberately acted in such a cruel manner that it is no longer an option for them to remain together.
This can be used as a ground for divorce in Austin if your spouse has left you for a year or longer and has no intention of returning. In order to successfully file for this ground for divorce the intent of the abandoning spouse to have permanently left must be proven. The act of leaving is not enough to prove this ground for divorce.
This ground for divorce occurs when a spouse has a sexual relationship outside of the marriage. To be eligible for this ground of divorce, the filing party must be able to prove their spouse has committed adultery. The proof of sexual intercourse won’t be necessary, however circumstantial evidence that there has been an affair is required. This evidence can come in the form of text messages, phone records, photos and videos, and any bank statements that prove that adulterous behavior has taken place.
Austin law considers it a valid ground for divorce if your spouse has been in prison for a year or more due to committing a felony. However, you should be aware of two situations in which these grounds for divorce are not applicable:
1. When the prison sentence is less than a year.
2. When the convicted individual was placed in prison based on testimony provided by their spouse.
If these situations aren’t present then the Texas family code recognizes this as a valid ground for divorce.
It is legal grounds for a divorce if you and your spouse haven’t cohabitated for a period of 3 years or longer. In this instance, the court generally views this arrangement as being agreed upon by both spouses as the duration is so long.
If your spouse has been confined to a mental hospital for a period of 3 years with no signs of their mental disorder improving, this can be claimed as a valid reason to file for divorce in Austin. This statute was instituted with the protection of the mentally ill’s best interests in mind. In order to properly divide property, the court may appoint someone to represent the confined individual.
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Our Attorneys Are Ready To Listen
Our experienced divorce attorneys in Austin have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.
How To File For Uncontested Divorce in Austin?
When it comes to filing for divorce in Austin, you can choose to do this by yourself or retain a divorce lawyer who will handle the necessary paperwork. Our experienced Austin divorce lawyers are able to help alleviate some of the stresses that come with your case by ensuring that all of your paperwork is properly filed. If you would like, however, we have provided step-by-step instructions on how you can complete and file these documents yourself below.
1. Meet The
Residency Requirements
In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Austin, one spouse must have also have resided in Austin for at least 3 months. Filing in the wrong county will result in the dismissal of your case.
2. Get Your
Petition Of Divorce
Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce. Once you have completed the necessary forms you will file them with the District Clerk in Austin and pay a filing fee. Helpful divorce guides and forms can be accessed from the button below.
3. File At The
District Clerks Office
Take the signed form to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. In Travis County, your case will be assigned to a particular court with a judge to hear any contested matters. In Williamson County, your case will be assigned to either a district court or one of three county courts at law.
4. Serve The Papers
To Your Spouse
Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers and they will need to sign a waiver of service form in the presence of a notary. It is important to note, that if your spouse has any objections to the petition they have been served it constitutes a contested divorce. In such a scenario, we advise you to contact an experienced attorney to discuss your best course of action.
5. Complete The
Final Decree
After your spouse has successfully signed the waiver of service form in front of a notary, you will complete the final divorce decree. This final document is the court order that legally ends your marriage. This document outlines the agreed-upon details of how your property and assets will be divided, any support that is to be granted, and a breakdown of parenting time with children. This document must be signed by your spouse in order to finalize an uncontested divorce.
6. Wait 60 Days
& Attend Hearing
In Austin, from the time you initially file for divorce, there is a 60 day waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed you will need to attend a hearing before a judge. The judge will review your divorce case, verify that everything is in order and that there are no issues, and will sign your divorce decree. Once a judge has signed your divorce decree your divorce is legally finalized.
Have Questions, Reach Out!
Our experienced divorce attorneys in Austin understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed!
How To File For Uncontested
Divorce in Austin?
When it comes to filing for divorce in Austin, you can choose to do this by yourself or retain a divorce lawyer who will handle the necessary paperwork. Our experienced Austin divorce lawyers are able to help alleviate some of the stresses that come with your case by ensuring that all of your paperwork is properly filed. If you would like, however, we have provided step-by-step instructions on how you can complete and file these documents yourself below.
1. Meet The
Residency Requirements
In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Austin, one spouse must have also have resided in Austin for at least 3 months. Filing in the wrong county will result in the dismissal of your case.
2. Get Your
Petition Of Divorce
Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce. Once you have completed the necessary forms you will file them with the District Clerk in Austin and pay a filing fee. Helpful divorce guides and forms can be accessed from the button below.
3. File At The
County Clerks Office
Take the signed form to your district clerk’s office. You will need two copies of the form and you will be required to pay a filing fee to the county in order to file. In Travis County, your case will be assigned to a particular court with a judge to hear any contested matters. In Williamson County, your case will be assigned to either a district court or one of three county courts at law.
4. Serve The Papers
To Your Spouse
Once you have filed your petition for divorce you will be provided with a court-stamped copy of the petition. Your spouse will need to be served these papers and they will need to sign a waiver of service form in the presence of a notary. It is important to note, that if your spouse has any objections to the petition they have been served it constitutes a contested divorce. In such a scenario, we advise you to contact an experienced attorney to discuss your best course of action.
5. Complete The
Final Decree
After your spouse has successfully signed the waiver of service form in front of a notary, you will complete the final divorce decree. This final document is the court order that legally ends your marriage. This document outlines the agreed-upon details of how your property and assets will be divided, any support that is to be granted, and a breakdown of parenting time with children. This document must be signed by your spouse in order to finalize an uncontested divorce.
6. Wait 60 Days
& Attend Hearing
In Austin, from the time you initially file for divorce, there is a 60 day waiting period prior to your divorce being finalized. Once this waiting period has passed and all of the proper divorce forms have been completed you will need to attend a hearing before a judge. The judge will review your divorce case, verify that everything is in order and that there are no issues, and will sign your divorce decree. Once a judge has signed your divorce decree your divorce is legally finalized.
Have Questions, Reach Out!
Our experienced divorce attorneys in Austin understand how overwhelming the divorce process can be. They will listen to the specifics of your case while paying attention to your concerns and goals. They will provide you with expert advice to help you navigate this difficult time and start your life renewed!
Frequently Asked Questions About Divorce in Austin
How much does a divorce cost in Austin?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a divorce attorney in Austin. You may also be interested in our calculators to help you determine costs.
Are there any residency requirements for obtaining a divorce in Austin?
Yes, Texas and Austin both have a residency requirement in order to file for a divorce. In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Austin, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.
Is there a required waiting period for getting a divorce in Austin?
Yes, from the time of your initial filing of the petition for divorce you will have to wait at least 60 days before you can present the final divorce decree to a judge.
Frequently Asked Questions About
Divorce In Austin
How much does a divorce cost in Austin?
Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.
Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.
Click the following link to learn more about the cost of a divorce attorney in Austin. You may also be interested in our calculators to help you determine costs.
Are there any residency requirements for obtaining a divorce in Austin?
Yes, Texas and Austin both have a residency requirement in order to file for a divorce. In order to file for divorce in Texas, either you or your spouse must have been living in the state for a minimum of 6 months prior to the divorce. In addition to the state of Texas’ residency requirement, in order to file in Austin, one spouse must have also have resided in the county for at least 3 months. Filing in the wrong county will result in the dismissal of your case.
Is there a required waiting period for getting a divorce in Austin?
Yes, from the time of your initial filing of the petition for divorce you will have to wait at least 60 days before you can present the final divorce decree to a judge.
Contested Divorce in Austin
When two parties involved in an Austin divorce are unable to agree on all the terms, they find themselves in the midst of a contested divorce. The process for this type of situation looks different than that for an uncontested one. It’s important to understand both processes so you can make informed decisions regarding your upcoming circumstances. The steps involved in the process are outlined below:
The first thing you will have to do in the divorce process is Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce.
You will need to specify any special accommodations when you file. This can include a temporary restraining order, the scheduling of a child custody hearing, and any other accommodations you make be seeking. Once you have filed the petition for divorce, your spouse will be served the documents and will need to respond.
Once your petition for divorce has been filed, your spouse will need to be served a court stamped copy of the petition. Once the petition has been served to your spouse, they will have 20 days to respond. It is important to note that if you are the one being served we recommend that you consult with an attorney prior to signing or agreeing to anything contained within the petition. You will need to respond to the petition within 20 days of receiving or you will risk defaulting. Schedule a free consultation with one of our divorce attorneys today!
This is a document issued by the court that sets the rules and expectations of each spouse during the divorce process. The purpose of an injunction is to maintain the status quo while a divorce is pending and to prevent either party from conducting unfavorable actions.
Discovery is the phase of the divorce where information pertaining to the case is requested and exchanged. This includes pertinent financial records, receipts, and any documents that can help with decisions on how to divide your marital assets, make child custody decisions, and decide any support payments.
In Austin, the court requires that all couples attempt mediation prior to proceeding to a divorce trial. During mediation, both parties and their respective attorneys will meet with a neutral third-party mediator to see if they can come to a settlement prior to taking the case to trial.
If a settlement cannot be agreed upon between you and your spouse during the mediation sessions, your case will go to trial to determine the contested issues. During the trial, your case will be presented before a judge who will be tasked with deciding the outcome of the divorce settlement. Typically, a divorce trial takes a duration of 1-2 days.
Lastly, your attorney will draft a final decree of divorce. This outlines the resolution of all issues in your divorce and how they are to be settled as agreed upon in mediation or determined by a judge. The final decree will need to be reviewed by a judge. Once a judge has signed your divorce decree your divorce is legally finalized.
Contested Divorce
in San Antonio
When two parties involved in an Austin divorce are unable to agree on all the terms, they find themselves in the midst of a contested divorce. The process for this type of situation looks different than that for an uncontested one. It’s important to understand both processes so you can make informed decisions regarding your upcoming circumstances. The steps involved in the process are outlined below:
The first thing you will have to do in the divorce process is Obtain a Petition of Divorce form at the local district court. The form will require personal information as well as your reasons for requesting a divorce.
You will need to specify any special accommodations when you file. This can include a temporary restraining order, the scheduling of a child custody hearing, and any other accommodations you make be seeking. Once you have filed the petition for divorce, your spouse will be served the documents and will need to respond.
Once your petition for divorce has been filed, your spouse will need to be served a court stamped copy of the petition. Once the petition has been served to your spouse, they will have 20 days to respond. It is important to note that if you are the one being served we recommend that you consult with an attorney prior to signing or agree to anything contained within the petition. You will need to respond to the petition within 20 days of receiving or you will risk defaulting. Schedule a free consultation with one of our divorce attorneys today!
This is a document issued by the court that sets the rules and expectations of each spouse during the divorce process. The purpose of an injunction is to maintain the status quo while a divorce is pending and to prevent either party from conducting unfavorable actions.
Discovery is the phase of the divorce where information pertaining to the case is requested and exchanged. This includes pertinent financial records, receipts, and any documents that can help with decisions on how to divide your marital assets, make child custody decisions, and decide any support payments.
In Austin, the court requires that all couples attempt mediation prior to proceeding to a divorce trial. During mediation, both parties and their respective attorneys will meet with a neutral third-party mediator to see if they can come to a settlement prior to taking the case to trial.
If a settlement cannot be agreed upon between you and your spouse during the mediation sessions, your case will go to trial to determine the contested issues. During the trial, your case will be presented before a judge who will be tasked with deciding the outcome of the divorce settlement. Typically, a divorce trial takes a duration of 1-2 days.
Lastly, your attorney will draft a final decree of divorce. This outlines the resolution of all issues in your divorce and how they are to be settled as agreed upon in mediation or determined by a judge. The final decree will need to be reviewed by a judge. Once a judge has signed your divorce decree your divorce is legally finalized.
Experienced Austin Divorce Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
Divorce can be a complicated and stressful process, but by preparing for what’s to come you’ll alleviate some of this stress by understanding what to expect. If you want to make the best possible decisions and minimize surprises that could come up during your case, consult with one of our Austin divorce attorneys. We’ll go over the specifics of your case and help ensure it’s progressing in an optimal way for you.
We understand the financial burden that divorces matters can create and want to assist our clients with managing these costs. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your FREE consultation!
Our goal is to remove as much conflict as possible to help you get through your situation in a more effective and efficient manner. This approach decreases everyday stress and the need to make rash decisions during the process. We want to react with logic not emotion when getting you to the next stage of your life.
Our Austin Office Location
Additional Divorce Practice Areas
Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.
Experienced
Austin
Divorce Attorneys
Our team is rich with experience and is ready to take on any family matter you have. At Modern Family Law, we go to great lengths to help our clients understand and navigate the legal process. A better understanding leads to smarter choices. We guide client expectations and create a partnership between client and lawyer for the best outcome.
Divorce can be a complicated and stressful process, but by preparing for what’s to come you’ll alleviate some of this stress by understanding what to expect. If you want to make the best possible decisions and minimize surprises that could come up during your case, consult with one of our Austin divorce attorneys. We’ll go over the specifics of your case and help ensure it’s progressing in an optimal way for you.
We understand the financial burden that divorces matters can create and want to assist our clients with managing these costs. As such, we have created our one-of-a-kind SimpleStart™ program to give clients an opportunity to reduce the amount of money needed to start their cases. Be sure to ask our attorneys about this great opportunity during your FREE consultation!
Our goal is to remove as much conflict as possible to help you get through your situation in a more effective and efficient manner. This approach decreases everyday stress and the need to make rash decisions during the process. We want to react with logic not emotion when getting you to the next stage of your life.
Our Austin
Office Location
Additional Divorce
Practice Areas
Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.
Meet Our Team Of Experienced
Austin Divorce Attorneys
See What Our Customers Are Saying About Our Divorce Attorney’s In Austin
Our Calculators
We’re not fans of surprises and we suspect you aren’t either. We built these divorce calculators just for you, so you know what to expect every step of the way.
Additional Resources About
Divorce in Austin
Questions To Ask A Texas Divorce Lawyer
Choosing the right Texas divorce lawyer is crucial to the outcome of your case. Here are 5 questions to help you choose the right divorce lawyer.
Legal Grounds For Divorce In Texas
Historically, individuals needed legal grounds based on fault in order to obtain a divorce in Texas. Learn how the grounds for divorce have changed in Texas.
How is Child Support Calculated in Texas?
Understanding how your child support payments in Texas are calculated is crucial to starting your new life. This article breaks down how Texas child support payments are decided. Familiarizing yourself with this information can help you make informed decisions about your future.
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