Divorce Lawyer, Austin TX

With countless divorce attorneys to choose from in Austin, TX, it can be difficult to find the right one for you. How do you know who to trust with your case and your future? We know it’s difficult to select one, so we’ve created five tips to help you find the best divorce attorney for you.

Check references. A great divorce attorney will have a reputation to match. Ask friends, family members, workmates, or even your personal injury attorney which divorce attorney they recommend. Even the best lawyers have a few dissatisfied clients, but you want an attorney with more good recommendations than bad.

You need an attorney you can understand. Divorce attorneys might use legal jargon inside the courtroom or when preparing legal documents. But when they’re talking to you, they should speak clearly using terms you’ll understand.

A first impression is a sign of things to come. Consider how easy it is to get hold of a lawyer when you call their office for the first time. Were you able to receive the answers you were looking for? Did the attorney call you back promptly, or did you have to wait for days before you heard from them? Choose an attorney that is responsive, respectful, and attentive to your needs.

Communication is key. Divorce is one of the most stressful life events. You want an attorney that’ll make the whole process a tad bit bearable. Choose a divorce attorney you can call at your convenience, confide in freely, and one that’ll be ready to provide you with answers whenever you want them.

Find an attorney with experience in the local courts. You want an attorney that understands the nuances of the Travis County Court System. If your divorce lawyer knows how the local courts operate, your case will likely be resolved faster and more efficiently.

Listen to your gut. At the end of the day, the best gauge of whether or not a divorce attorney is a right fit for you is your gut. Trust your instincts. If a particular lawyer doesn’t “feel” right, choose someone else.

The law in Texas grants power to the court system to approve a divorce based on the grounds of insupportability, which is a conflict between the personalities and characters of a couple that disables the legitimate purposes of the marriage and ends the marital union while rendering it impossible to reconcile. Thus, insupportability basically is a no-fault ground or provision for a divorce. Your divorce may be considered to have a no-fault basis, which is true if neither you or your spouse have acted improperly while you were married.

There are other grounds where one party is deemed at “fault” for the split. A few of the most common reason for a fault divorce are:

• Adultery
• Cruel behavior such as physical violence by one spouse towards the other in a way that makes living together impossible
• A spouse has been convicted of a felony
• A spouse has been in prison for a year or longer

Determining fault in a divorce is important when it comes to the division of marital assets. If the wronged spouse is able to provide significant evidence of fault by the opposing spouse, they may be awarded a larger share of the marital assets. These assets include, but are not limited to, the marital home, cars, shared bank accounts, retirement plans, stock options, etc.

The State of Texas also allows for the annulment of a marriage if the union was not legal to begin with. A “voidable” marriage is when one or both of the spouses lacked an important fact at the time of the marriage. A spouse may file or petition for an annulment based on the following grounds:

• One of the parties was underage when they entered the marriage or union without their parent’s consent or order from the court
• The petitioner at the time of marriage was under the influence of alcohol or narcotics and, therefore, has no capacity to give consent to the marriage
• Permanent physical or mental impotency of either party at the time of the marriage without the petitioner’s knowledge of the impotency
• Use of fraud, duress, or force to induce or coerce the petitioner to enter into marriage
• Mental incapacity of the petitioner making them incapable to give consent to the marriage or to understand the nature and significance of the ceremony due to the mental condition or illness at the time of marriage
• Concealment of one party of a divorce that occurred less than thirty (30) days prior to the marriage from the petitioner, with the annulment suit being filed less than one (1) year from the date of the marriage
• Marriage of less than seventy-two (72) hours since the granting of a marriage license, with the annulment suit being filed less than thirty (30) days from the date of marriage

The petitioner is required by the court to refrain from cohabiting with their spouse after gaining knowledge of the issue or ground for annulment. If you are heading for divorce, it is best to have a qualified Texas divorce attorney handle your case to help guide you through the process and understand your rights while filing for divorce. We are here to help. Schedule your consultation with one of our attorneys so we can go over your case and put together a plan of action that best suits your needs.

Generally, in Texas, when a divorce goes to trial, it would be a bench trial in which the judge will issue a final decision on all matters of dispute. Texas is only one of the few states that grant a party the permission to request a jury trial during a divorce proceeding. The Texas Family Code limits the types of cases that a jury can hear and what type of decisions they can make. In an adoption suit or to adjudicate parentage, a party may not be allowed to ask for a jury trial. Concerning child support, terms on possession of and access to children, the rights of conservators except to choose the primary residence of children, and division of property, only a judge can deliberate and rule on these issues. A  jury can deliberate on and decide if there is any fault in a divorce, whether or not a property is separate or community-owned, which party can decide on the primary residence of a child, and any geographic limits regarding where the child may live.

When there is fault in a divorce and there are some strong emotional aspects to it that might come to play, a jury trial could be beneficial, because juries are community residents and may be swayed or influenced by emotions more than a judge would be. However, the party who believes the other is at fault could also run the risk of having the other party claiming the same things. Also, the threat of a jury trial could also encourage a settlement in an otherwise difficult divorce case. Keep in mind that jury trials are costly, because your attorney will need to make extensive preparations and tap other necessary resources to resolve your case. Furthermore, jury trials take time, extending the length or duration of your case, because it usually takes a while for such cases to be heard and deliberated on.

The divorce process is complex, involving major issues such as child support and custody, businesses, and valuable properties. To help you make sense of the process and navigate court procedures, we highly recommend that you hire a divorce attorney. With that being said, let’s take a look at the most common issues that arise in a Texas divorce case.

Separating Property. In a divorce, there is a possibility that your house, car, and bank accounts could be awarded to your spouse. Texas is a community property state. This means that all property acquired during marriage is community property and will be divided between the parties during a divorce. Whoever paid for the property or whose name is on the title does not matter. Courts preside over community estate division in a “just and right manner”. In many cases, this results in close to a 50-50 split, but with the help and support of a divorce litigation attorney on your side, your share in the division could be higher.

Alimony. In a Texas divorce, alimony or “spousal maintenance” is often a highly disputed issue. Alimony consists of regular payments given to one spouse as aid or support during the uncertain period after a divorce. Generally, alimony does not last indefinitely. In Texas, court-ordered alimony is awarded to last within the “shortest, reasonable time” and can last up to 5-10 years at most. To be entitled to alimony, a spouse must be able to prove that the marriage lasted for at least 10 years, family violence was present, the spouse has a disability, or one of the children has a disability.

Child Support and Custody. Usually, child support in Texas is calculated based on a state law formula. Your monthly net resources is determined by subtracting your monthly expenses from your income. Then, your monthly net resources are multiplied by a number set in statute, using the number of children you will be supporting. 25% is the multiplier for two children. The court will also consider other necessities of the children and the ability to earn and provide support by the parents. On the other hand, child custody somewhat varies. The “standard possession order” is the default. This order gives one parent custody during Thursday evenings and on the first and third weekends of every month, while the other parent gets custody at all the other times. However, the parties can also agree on a 50-50 split or other modifications on the schedule.

Divorce cases may have similar issues, however, there is no clear-cut or fixed answer that will satisfy all issues related to divorce. Simply put, no two divorces are identical. Each of the three most highly contested issues listed here could get more complicated. If you are thinking of getting a divorce or if you think your spouse may file, please consult one of our Texas divorce attorneys. We will help you prepare for your case by crafting a unique strategy that addresses your specific needs. Schedule your consultation today to get started.