Austin Divorce-The Basics

By: Ericm.willie
To file a for a divorce in Austin, TX, your lawyer will first file a Petition for Divorce. This is the first step to getting on the Court's docket and your petition will set forth the reasons for your divorce. Your petition has to show evidence for these grounds.

After filing for divorce, your spouse must be served. This refers to "service of process." This simply means that the petition must be delivered to your spouse, by a process server or sheriff, which will then start the clock ticking. Your spouse will need to respond to your petition. They can either chose to do this themselves or they may hire a lawyer. We find that typically, the other spouse hires a lawyer, and you must gauge the qualifications of the other lawyer from the outset.

There is a 60-day waiting period from the time the Petition is filed with the court until the divorce decree is issued and the divorce is final. This is sort of a ?cooling off period.?

There are many issues that will be worked out during the divorce. It depends on your unique situation, but some common themes to be decided are the award of child support, child custody, how property is divided, whether a party is entitled to spousal support and many more issues.

It is really up to you how long the process takes. If you and your spouse can agree, then the process can be done in 60 days. I have seen some divorces drag on for years or at least issues related to the divorce.

So any reason or no reason at all is grounds for divorce. But, there are times when a party may want to allege fault to try and better position your case. These fault grounds are:

Mental cruelty; Adultery; Imprisonment or conviction of a felony, Imprisoned for at least one year for a felon and has not been pardoned; Abandonment whether intentionally or remained apart for at least one year; Living Separate and apart without cohabitating for minimum of three years; and insanity and confinement to a mental hospital.

Eric Willie is a Partner at the Law Office of Willie & Dasher in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.
Divorce and Infidelity
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