Whether you are exploring the option of filing for a divorce or are ready to move forward with ending your marriage, choosing the right law firm is a vital first step.
At the Law Office of Matthew J. Meese, PLLC, we are committed to helping you do what is right for you and your family. Our Austin divorce Lawyer has extensive experience helping couples through the mediation or litigation process.
There are two main types of divorce in Texas, including uncontested divorce and contested divorce. An uncontested divorce is where spouses agree on all the terms of their divorce.
Divorce-related issues that couples must agree on include:
Property division
Spousal support
Parenting time
Child custody
Child support
If you and your spouse are unable to reach an agreement on one or more issues, or if one of you is opposed to the divorce itself, you will need to go through a contested divorce. This means that your case will need to be heard and decided by a judge. The disadvantages of contested divorces are that they typically last longer, cost more money, are more stressful, and take the decision out of your control.
Collaborative Divorce
Some divorcing couples are still on speaking terms. If you are looking for an innovative alternative to traditional divorce carried out in a courtroom, you and your spouse may want to consider a collaborative divorce.
In this method of marriage dissolution, couples work with trained collaborative divorce professionals to arrive at a customized solution for their family, without the interference of the court. This divorce settlement process is aimed at helping couples resolve their disputes respectfully and in a manner that promotes future amicability.
Frequently Asked Questions About Divorce in Texas
How long does a divorce take in Texas?
The length of a divorce depends on whether the spouses agree on the terms of their dissolution and whether the case involves complicated issues such as property division, child custody, or spousal support. Texas generally requires a 60-day waiting period after a divorce petition is filed before the divorce can be finalized, although certain exceptions may apply.
Do I need a lawyer to file for divorce in Austin?
You are not required to have an attorney to file for divorce in Texas. However, legal representation can be particularly valuable when a divorce involves children, significant assets, retirement accounts, a family business, or disagreements between spouses. An Austin divorce lawyer can help protect your interests throughout the process.
How is property divided in a Texas divorce?
Texas is a community property state, which generally means property and debts acquired during the marriage are considered community property. Separate property may include assets owned before marriage or certain property acquired during marriage by gift or inheritance. When spouses cannot agree on property division, the court will determine how the marital estate should be divided.
Can I get spousal support after a divorce in Texas?
Spousal maintenance, sometimes called spousal support, may be available in certain Texas divorces when specific legal requirements are met. Eligibility can depend on factors such as the requesting spouse's financial resources, the circumstances surrounding the divorce, and the parties' ability to meet their financial needs.
What happens to our children during a divorce?
When divorcing spouses have children, the divorce may address conservatorship, possession and access, and child support. Parents can create a parenting arrangement that works for their family, or a court may establish orders when the parents cannot reach an agreement. The child's best interests are an important consideration in these decisions.
Can my spouse and I settle our divorce without going to court?
Yes. Spouses may be able to resolve their divorce through negotiation, mediation, or collaborative divorce rather than having a judge decide every disputed issue. Reaching an agreement can give spouses greater control over the terms of their divorce and may help reduce the time and expense associated with litigation.
What if my spouse refuses to sign the divorce papers?
A spouse generally cannot prevent a divorce simply by refusing to participate or agree to the divorce. However, a refusal to cooperate can make the process more complicated and may result in a contested case. An attorney can explain the available options and help move the case forward.
Can a divorce affect my retirement accounts?
Retirement accounts and other employment-related benefits may be subject to division during a divorce depending on when and how the benefits were acquired. Dividing these assets can involve complex financial and legal considerations, and certain accounts may require additional documentation or a specific court order.
What is mediation in a divorce case?
Mediation is a process in which divorcing spouses work with a neutral third party to attempt to resolve disagreements. The mediator does not make decisions for the spouses. Instead, the mediator helps facilitate discussions concerning issues such as property, finances, parenting, and support.
How can an Austin divorce lawyer help with my case?
An Austin divorce lawyer can help you understand your legal options, prepare and review divorce documents, negotiate with your spouse or their attorney, and represent you in contested proceedings when necessary. The Law Office of Matthew J. Meese, PLLC can help you pursue a resolution that addresses your family's legal and financial concerns.
What Are Grounds for Divorce in Texas?
Before you can file for a divorce in Texas, you must first meet a residency requirement that stipulates the following:
You or your spouse must have been a resident of Texas for at least six months before filing
You or your spouse must have lived in the county that you are filing for at least 90 days prior to filing
Texas recognizes both no-fault and fault divorces. Filing for a no-fault divorce means that you don’t have to prove that your spouse did something that caused the end of your marriage. The following is recognized as grounds for a no-fault divorce in Texas:
Insupportability
This means that your marriage has become insupportable because of strife or discord that is too severe for reconciliation to take place.
If you file for a fault divorce, that means that you are attributing the end of your marriage directly to your spouses’ actions. Texas recognizes the following as grounds for a fault divorce:
Abandonment
Adultery
Confinement in a mental hospital
Conviction of a felony
Cruelty
Living apart for at least 3 years
Contact the Law Office of Matthew J. Meese, PLLC at (512) 357-8563to speak with an experienced Austin divorce lawyer.
