Uncontested Divorce
When couples facing divorce arrive at a mutual understanding on key issues such as child custody and visitation, division of property and debts, spousal and child support, an uncontested divorce is the recommended route to pursue. This type of divorce typically progresses quickly and with less court involvement compared to a contested divorce. The cost may also be lower, making it a desirable option to explore.
Collaborative Divorce
Additionally, Texas also recognizes a simplified divorce process known as a "collaborative divorce." This involves both spouses and their attorneys working together in a cooperative and non-adversarial manner to reach a mutually acceptable settlement. The process encourages open communication and may involve other professionals, such as financial planners or mental health experts, to assist in resolving any issues.
Legal Separation in Texas
If the couple does not wish to wait for the 60-day waiting period, they can file for a legal separation in Texas. A legal separation is similar to a divorce, except that the couple remains legally married. The process for filing for a legal separation is similar to filing for a divorce, but the waiting period is shorter.
Do You Need to Be Separated Before Filing for Divorce?
No, spouses do not need to be separated in order to file. As mentioned above, the only requirements for filing for divorce in Texas are that the filing spouse must have lived in the state for six months and the particular county they file in for 90 days.
The only place separation applies in a Texas divorce situation is that if a separation has gone on, uninterrupted for three years, that becomes grounds for divorce.
Our Austin divorce attorneys are dedicated to helping you through the process and ensuring that your rights are protected. Contact us today by calling (512) 991-0576 or fill out our online form to learn more about how we can help you.
What Are the Grounds for Divorce in Texas?
In Texas, you can file for divorce based on both fault and no-fault grounds. The most common ground for divorce is "insupportability," which is a no-fault ground. Insupportability means that the marriage has become insupportable due to conflicts and disputes and therefore, irreconcilable differences have destroyed the marriage.
Fault-Based Divorce in Texas
In a fault-based divorce in Austin, TX, one party alleges that the other party has engaged in behavior that justifies the divorce.
Fault-based reasons for divorce may include:
- Adultery. If your partner cheats on you, you can file for divorce and cite infidelity as the grounds for your decision.
- Cruelty. If your spouse engages in an act of domestic violence or abuse towards you, it's grounds for a divorce.
- Imprisonment. If your spouse is imprisoned for at least a year, you can file for divorce.
- Abandonment. If your spouse abandons you for at least a year, you can file for divorce.
- Separation. If you and your partner live apart from each other without cohabiting for at least three years, you can file for divorce.
If you file for a fault-based divorce in Austin, TX, then you should be prepared to back up any accusations you make while filing for divorce. For example, if you file a fault-based divorce for adultery, you should have some sort of evidence your spouse cheated on you to support your position.
No-Fault Divorce in Texas
However, you do not need to use one of these reasons to file for divorce in Austin, Texas. You can file for divorce by citing "irreconcilable differences" like mentioned above. This means you do not believe your marriage can be saved, and filing for divorce is in the best interests of both parties. This is called a "no-fault" divorce.
Courts handle fault-based divorces slightly differently than no-fault divorces, especially if a spouse files for divorce citing domestic violence or abuse. If the spouse who files for a fault-based divorce can back up their claims, the court might penalize the other party more harshly than in a no-fault divorce.
In cases where domestic violence or abuse is an issue, the court might refuse to allow the parties to use a form of alternative dispute resolution (ADR) like mediation to prevent a power imbalance between the spouses from playing a role in the divorce.
You should work with an Austin divorce attorney to discuss the best path forward in your divorce. Every situation is different, and your divorce lawyer can help you decide whether to file for a fault-based or no-fault divorce.
Issues Handled During Divorce in Texas
Divorce is one of the most complex forms of civil litigation because it also involves several other legal processes.
During your divorce, you can also expect to handle the following kinds of legal disputes:
- Property division. During property division, the spouses decide how to split their marital assets (the marital home, shared vehicles, assets, and liabilities like bank accounts, retirement accounts, debts, pets, etc.).
- Spousal maintenance. Depending on you and your spouse's financial circumstances, one of you may have to pay the other party spousal maintenance (alimony).
- Child custody and child support. If you share a child (or children) with your spouse, you'll need to develop conservatorship and support arrangements that further your child's best interests and allow them to thrive post-divorce.
How Long Does a Divorce Take in Texas?
Depending on the amount and complexity of the issues that need to be resolved, as well as the degree of conflict between the spouses, it may take 6 months to 1 year or longer to get a divorce in Texas. In addition, a divorce in Texas isn’t final until at least 60 days after the petition has been filed.
Does It Matter Who Files for Divorce First?
Strictly speaking, no. Texas law does not treat the petitioner and the respondent in a divorce case differently when it comes to the issues involved in a settlement. There may, however, be some tactical advantages and/or disadvantages that come with filing for divorce first in Texas.
The person who files for divorce first may have a preparation advantage. Knowing what their plans are, they may use the time leading up to the filing to get a good handle on their financial affairs and understand what they'll be aiming to get in a settlement. Filing first offers the opportunity to file on at-fault grounds if they apply and can be proven.
These are distinct advantages, although this is another case of every coin having a flip side. The person who files first also has to “tip their hand” so to speak. The spouse that is served with papers has the opportunity to first digest the claims made before responding. The filing spouse is already on record.
The one area where filing first does offer a distinct advantage is that the venue will be determined by where the filing spouse lives. If you and your spouse are still under the same roof, it won’t matter. But if you just moved to the Austin area and are being separated, while your spouse still lives in San Antonio, it might be nice to have the court hearings closer to your new home.
Contact Our Austin Divorce Lawyer Today
Divorce can be incredibly intimidating. Handling the emotional turmoil of ending your marriage while deciding how you want to handle various divorce-related processes is a lot to ask of yourself.
At Cofer & Connelly, PLLC, our divorce attorneys in Austin, TX are here to take the burden of your divorce off your shoulders so you can focus on what's really important: maintaining your health and well-being throughout the process. We'll advocate for you in court, giving you comprehensive legal counsel and protecting your rights.
Our Austin divorce lawyers can also help you find a way to proceed with your divorce that enables you to achieve your goals and live life to the fullest once your marriage is dissolved. Divorce is a marathon, not a sprint. You deserve a divorce law firm that will be by your side the whole way, through thick and thin.
Take action now to receive the compassion and advocacy you deserve. Call (512) 991-0576 today or contact us online to request a consultation with our divorce attorneys in Austin, TX.
FAQs on Divorce
Can We Modify the Divorce Decree After It Is Finalized?
Yes, it is possible to modify a divorce decree after it has been finalized. Life circumstances can change, impacting various aspects of the decree, particularly those involving child support, custody, or spousal maintenance. It's important to demonstrate that a significant change in circumstances has occurred to justify the modification. This might include a change in income, relocation, or a change in the needs of the child or spouse receiving support.
In Texas, to modify a decree, you must file a petition with the court. The process can be legally complex, often requiring the guidance of a legal professional. At Cofer & Connelly, PLLC, our attorneys are skilled in navigating post-divorce modifications and can assist in negotiating terms that reflect your new circumstances.
What If My Spouse Doesn't Respond to the Divorce Papers?
If your spouse does not respond to divorce papers, you may proceed with the divorce through what is called a default judgment. In Texas, if a spouse does not file an answer or waiver of service within the allotted time—typically 20 to 21 days—the court may grant a default judgment in favor of the filing party. This means the divorce and the provisions laid out in the filing spouse’s petition can be finalized without the other party's input.
Securing a default judgment requires meticulous attention to detail regarding court procedures and documentation. It's advisable to work with an attorney to ensure all legal steps are followed correctly, so that the court proceeding goes smoothly and your rights are fully protected.
Will My Divorce Go to Trial?
Not all divorces go to trial. In fact, most divorce cases are settled out of court through negotiation, mediation, or collaborative processes. A trial may become necessary if the parties cannot agree on crucial issues such as asset division, child custody, or support. Going to trial can be time-consuming and costly, therefore it’s often in both parties' interests to attempt resolution outside of the courtroom first.
However, if a trial becomes necessary, having a skilled attorney from Cofer & Connelly, PLLC on your side can ensure you present your strongest position. Our attorneys are prepared to advocate effectively in court and protect your interests throughout the trial process.
