Divorce Law in Austin-What You Need to Know Today
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by: EricM.Willie
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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.
The grounds may be no fault or fault. The Petition must also be served and delivered to your spouse by a process server, who can be a sheriff or private process server. Your spouse will have a certain number of days to respond. Each county also has local rules that must be complied with.
From the time the divorce petition is filed, there is a sixty day waiting period, until the divorce may become final. This is kind of a "cooling off" period so that the spouses are not jumping into to anything based on a rash decision.
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.
For a divorce in Austin, Texas, there are really two grounds: one is the fault divorce, and the other is the no-fault divorce. Texas is a no-fault state, but parties may allege fault. A no-fault simply means that the "marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." This basically means that it's neither parties' fault, but that the marriage cannot continue.
In other words, any reason at all is grounds for divorce. The Fault Grounds are as follows:
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 known as a top divorce attorney in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.
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