Austin Divorce Lawyers

Filing for Divorce in Austin

Diggs & Sadler is here to assist you with filing for divorce in Austin, including the first steps, such as serving divorce papers or knowing how to answer them if you’ve been served. At our firm, you can take comfort in knowing that your divorce will start with the correct filing process. Oftentimes, many of the biggest obstacles in a divorce can be avoided by handling the filing process well, so the risk of complications or delays stays low.

Filing for divorce in Austin will usually involve:

1. Residency Requirements: Before filing for divorce, you must live in Texas as a legal resident for at least six months. If you want to file in Austin, you must live in Travis County for 90 days or more. Time spent in military service acts as residency time, even if you were stationed elsewhere.
2. Petition Creation & Filing: A divorce is technically a lawsuit in Texas. As such, you must first create a petition outlining what you expect from the divorce, such as how to divide marital property. Our skilled Austin divorce lawyers can help you create the petition and file it with the proper family law court.
3. Official Service: After the petition is filed in court, it must be officially served to your spouse, the respondent. Your spouse can accept the petition as it is or decide to contest it. Either way, the response must come within 20 days. Let us arrange an official service so your spouse can’t try to claim they never received the divorce papers.
4. Discovery Process: You and your spouse will need to make detailed disclosures that explain your entire financial situation and assets that could be relevant to the divorce. The information is exchanged and reviewed for discrepancies.
5. Mediation: A Texas family law court often orders both spouses to engage in good-faith mediation to resolve the divorce without litigation. As always, our team of Austin divorce lawyers will be right there to represent you during mediation, so you don’t have to worry about being coerced into giving up too much of what you want.
6. Litigation: If a fair compromise can’t be reached using mediation, then going to court for litigation and a trial might be the next best option. Your attorney will stand up for you in court, using all their knowledge and experience to argue on your behalf.

Throughout the filing and negotiation processes, it's crucial to have clear communication and documentation with your divorce attorney in Austin. This helps ensure all aspects of the divorce are transparent and adequately addressed, reducing the likelihood of conflicts arising later. Additionally, understanding the importance of post-divorce financial planning and adjustments can be pivotal for long-term financial stability.

Fault & No-Fault Divorces in Texas

In Texas, you can file for a fault-based or no-fault divorce, depending on why you want to end your marriage. Our experienced Austin divorce lawyers would be happy to sit down with you and decide which divorce type makes the most sense based on your situation.

You will cite specific, legally recognized reasons for filing a divorce petition in a fault-based divorce. You are essentially blaming your spouse for the end of your marriage.

Common fault grounds for divorce in Texas are:

• Adultery: One spouse can file for divorce in Texas based on the grounds of adultery if they can prove that the other spouse engaged in extramarital affairs during the marriage. Adultery can be a fault-based reason for divorce.
• Cruelty: If one spouse can demonstrate that the other has been cruel or abusive during the marriage, this can be a basis for a fault divorce in Texas. Cruelty includes both physical and emotional abuse.
• Felony Conviction: If one spouse is convicted of a felony and sentenced to at least one year in prison, the other spouse can file for divorce on the grounds of the felony conviction.
• Abandonment: If one spouse has "abandoned" the other for at least one year with the intent to abandon, this can be grounds for a fault-based divorce. Abandonment typically means the physical departure of one spouse from the marital home.
• Living Apart: If the spouses have lived apart without cohabitation for at least three years, this can be considered grounds for divorce in Texas. While it is a no-fault ground, it's different from the standard no-fault divorce option.

In a no-fault divorce, you will say that your marriage is irretrievably broken, so getting a divorce would help you both lead happier lives. You are not blaming anyone specifically but admitting that your marriage is no longer the best option for either of you.

In many situations, it is best to file for a no-fault divorce but change it to fault-based if needed. This reactive approach is used because a fault-based divorce will likely make your spouse defensive and hostile, which can slow the entire process down. However, citing specific wrongdoing by your spouse can be helpful. It will shed light on real concerns that the court should know about. For example, if you want a divorce after being a victim of domestic violence, then the court will need to closely consider if your spouse should have any child custody rights.

Choosing between fault-based and no-fault divorce requires careful consideration of the circumstances and potential implications for both parties. Fault-based divorces might entitle you to a larger share of the marital assets or more favorable terms, but they may also extend the duration of the proceedings. Understanding the nuances of each option is crucial to making an informed decision.

To schedule a consultation with our Austin team and receive the legal support you deserve, contact us online or via phone at (512) 548-8355.

Contested & Uncontested Divorces

Divorces in Texas can be contested or uncontested:

• Contested: A divorce is contested when the respondent doesn’t agree to all the terms in the original divorce petition. Even wanting to change one thing can make the divorce contested.
• Uncontested: A divorce is uncontested when the respondent agrees to the terms in the divorce petition and is ready to move forward without changing anything.

Our Austin divorce lawyers can help you with a contested or uncontested divorce. It is worth looking at everything in both situations to ensure your best interests are respected. You should also not worry if the divorce is contested. With the proper legal counsel, many contested divorces can be resolved in mediation rather than litigation.

There are significant emotional and financial advantages to resolving a divorce as uncontested. However, even in agreeable settlements, having legal guidance ensures that all potential issues are adequately addressed and documented so surprises don't arise later. For contested matters, strategic negotiation and thorough preparation by your Austin divorce attorney can facilitate smoother resolution pathways, preventing the complexities of trial.

Navigating High-Conflict Divorces 

High-conflict divorces often involve serious disputes over assets, child custody, or allegations such as substance abuse, domestic violence, or neglect. Navigating these challenges requires legal acumen, emotional resilience, and strategic planning. In Austin, courts focus on the child's best interests, meaning high-conflict cases often require detailed evidence and potentially involve social services to ensure safety and fairness.