Round Rock Divorce Attorney

The Divorce Process in Round Rock, Texas

Every divorce is unique, but every divorce in Texas follows similar steps for resolution. Kristy and our team of divorce lawyers in Round Rock can help you navigate divorce proceedings that are typical, unusual, straightforward, or complicated. You can lean on us for legal counsel and moral support in all situations.

One critical aspect of the divorce process is understanding the emotional and financial implications that come with it. Our attorneys are adept at not only handling the legal nuances but also guiding you through the emotional turbulence and uncertainty. We prioritize clear, consistent communication to ensure you are always informed of your case's progress and any potential hurdles.

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The usual divorce process in Round Rock will include:

1. Meeting residency requirements: Before you can file for divorce in Texas, you must live in the state for at least six months. To file for divorce in Round Rock, you must also reside in Williamson County for at least 90 days.
2. Filing for divorce: Kristy can help you create the divorce petition, often called divorce papers. This petition outlines what you want from the divorce. Once it is drafted and reviewed, it will be filed with the right family law court.
3. Serving the papers: The divorce papers must be officially served to your spouse. Otherwise, they could try to deny that they ever received it. Once they get the divorce papers, they have just 20 days to respond. Not sure how to officially serve divorce papers? Let Attorney Banda help you.
4. Entering discovery: The discovery process of a divorce will consist of cataloging your important finances, assets, and income, and then exchanging that information with your spouse, who will have outlined the same information for you. Kristy will then review the provided documentation for any discrepancies or concerns.
5. Attend mediation: Most divorce cases will advance with court-required mediation to settle any disputes without the need for litigation. You can count on Kristy to act on your behalf in mediation and to find an amicable resolution for you and your spouse.
6. Enter litigation: If mediation ends without an agreement—a stubborn spouse might refuse to cooperate at all—then Kristy can advise you whether you should proceed to litigation. Some cases can return to mediation, but others must go to trial, which is riskier and more expensive. She will always look for the most reasonable and beneficial path forward for you.

Should I File for No-Fault Divorce or Fault-Based Divorce?

Your divorce can be filed as no-fault or fault-based. It depends on the specific reasons why you want to end your marriage. Attorney Kristy Banda can discuss with you the best option when you file and how that can influence the case going forward.

Choosing between a no-fault and fault-based divorce requires careful consideration of your circumstances. No-fault divorces typically proceed more smoothly and privately, minimizing contention. However, fault-based divorces can be powerful when specific behaviors, such as infidelity or abuse, need to be recognized officially, potentially influencing settlement negotiations. Our team will guide you in selecting the pathway that aligns best with your goals and circumstances.

What are the differences between no-fault and fault-based divorce?

• No-fault: In a no-fault divorce, you and your spouse both agree that your marriage has become “unsupportable,” so you would rather end it than spend time and energy trying to repair what can’t be fixed.
• Fault-based: In a fault-based divorce, you will specifically blame your spouse for wrongdoing that made you feel like a divorce was necessary. Legally recognized forms of fault include cruel treatment, adultery, abandonment, and more.

To keep the divorce proceeding as calm as it can be, Kristy usually prefers to file a no-fault divorce first. If there is good reason to point to a specific form of fault, then the divorce petition can be changed later to fault-based. For example, if you accuse your spouse of stealing from a joint financial account for illicit gains, then it could influence the court when deciding property division.

What Is a Contested Divorce?

When the respondent receives the divorce papers, they can decide to accept them as is or challenge them. Rejecting even just one part of the divorce papers will make the divorce contested. Further mediation or discussions will be necessary to reach a conclusion, with the potential of the case escalating to litigation.

Contested divorces can bring complexities that require a nuanced approach. They often arise from disagreements over asset division, child custody, or spousal maintenance, necessitating detailed negotiation and, potentially, courtroom intervention. At Diggs & Sadler, we approach contested divorces with meticulous preparation and strategic negotiation to advocate effectively for our clients' interests. Our goal is to minimize prolonged conflict and achieve a resolution that respects your rights and priorities.

If the respondent agrees to all parts of the divorce, then the divorce is uncontested. An uncontested divorce can conclude sooner and usually has a lower overall cost than a contested one. If your divorce is uncontested, work with Kristy, who can help take steps to ensure it stays that way as it proceeds.

Additional Divorce Services We Offer

Kristy and her team at our Round Rock family law office would be happy to help you with:

• Asset division. Our attorneys will fight fiercely to protect your property and ensure you pursue an outcome that helps you maintain financial stability post-divorce.
• Child custody. For parents, the prospect of dealing with a legal dispute that could impact the parent-child relationship can be daunting. Our lawyers will advocate for your rights and results that enable your child to thrive.
• LGBTQ+ family law. LGBTQ+ individuals sometimes face unexpected complications when dealing with family law cases such as a divorce or adoption. Our lawyers can help ensure you receive fair treatment and work towards an outcome that's right for you.

At Diggs & Sadler, our divorce attorneys in Round Rock leverage a team-based approach to help clients. When you work with us, you gain the knowledge of 12 experienced family lawyers like Attorney Kristy Banda. Whether you need legal counsel that will fight fiercely for your rights in court or help you pursue a more peaceful solution through mediation, our team is here to develop a comprehensive case strategy that suits your needs.

Get Attorney Kristy Banda on Your Side Today

Your divorce will change your day-to-day life. The extent of those changes and whether they feel like good things will depend on how the divorce is handled and how it concludes. Simplify the divorce process and give yourself a fair chance of getting what you want out of divorce by teaming up with our divorce lawyers today.

Having a skilled divorce lawyer can also provide peace of mind amid uncertainty, allowing you to focus on your well-being and future goals. We take pride in our proactive approach, ensuring that each client receives personalized attention and that their unique needs are addressed comprehensively. Whether through negotiation or litigation, our priority is to secure outcomes that honor your wishes and protect your interests.

Contact Attorney Banda onlineto arrange an initial consultation or call us at (512) 548-8355.

Round Rock Divorce FAQ

Will my divorce take a while to finish?

A divorce in Round Rock can take a few months, a year, or longer to finish. It depends on the details of the divorce and whether it is contested. When working with Diggs & Sadler, you can take confidence that Kristy and her team will do what they can to avoid any unnecessary delays.

Many factors can influence the timeline of a divorce, including the complexity of divided assets and the amicability of both parties. Our team is committed to facilitating a timely resolution, using strategic planning and negotiation to address potential roadblocks efficiently. We focus on your long-term goals while navigating the intricacies of the legal process.

Can I afford a divorce attorney?

We always try to keep our legal rates and attorney fees competitive, so everyone in Round Rock has access to an incredible divorce attorney. Predicting the total cost of a divorce is difficult, though, because every case is different. For example, if a case goes to litigation, then it will include court costs and fees that otherwise would have been avoided. Overall, though, the average divorce in Texas can cost several thousand dollars.

We understand that cost is a significant concern for many clients. That’s why we offer flexible payment plans and work diligently to keep our services affordable without compromising quality. By assessing your case and outlining potential expenses upfront, we provide transparency and help you prepare financially for the road ahead.

What does common-law marriage mean in Texas?

Common-law marriage in Texas is a form of marriage that does not involve the traditional legal avenues. It can happen when both parties agree to be married, live together, act as if they are married in public, and are legally allowed to be married to one another. Common-law married couples can seek divorces, too, just like any other married couple.

Understanding your rights and responsibilities under common-law marriage is essential for making informed decisions. In Texas, proving a common-law marriage can sometimes be challenging, especially during separations. Our legal team can assist in navigating these complexities, ensuring that your rights are protected and helping facilitate a fair division of assets and responsibilities.

Can filing for divorce affect my taxes in Texas?

Divorce can have significant tax implications, but it can also have a minimal tax impact. Factors like property division, child support payments, spousal maintenance, and more can all make a tax impact after your divorce. For more information, we advise that you consult a tax specialist or tax attorney.

It is crucial to consider the potential tax changes when undergoing a divorce. These changes can influence your annual tax return, possibly affecting your filing status, tax deductions, and liabilities. Proper planning and consultation with a tax professional can mitigate negative tax consequences and open opportunities for post-divorce financial planning.

How long do I have to respond to a divorce petition?

You have only 20 days in Texas to respond to a divorce petition once it is officially served to you. If you do not return an official response, then the court will likely default the case in favor of the spouse who filed the petition.

Acting swiftly upon receiving a divorce petition is paramount to protecting your rights and interests. Delays can result in unfavorable default judgments, emphasizing the importance of obtaining legal advice quickly. Our team at Diggs & Sadler will guide you through each critical step, ensuring that your response is timely, strategic, and positions you favorably in ensuing proceedings.

Local Considerations for Divorce in Round Rock

Navigating a divorce in Round Rock requires an understanding of local customs and regulations. Williamson County, where Round Rock is located, may have court-specific guidelines that differ from surrounding areas. It's essential to have a legal team familiar with these local distinctions. Diggs & Sadler's Round Rock divorce attorneys are well-versed in local court practices and can provide knowledgeable guidance.

Round Rock also benefits from a network of family support services that can be invaluable during a divorce. Resources like counseling centers, parent support groups, and financial advisors in the area can offer additional support outside the legal sphere. While undergoing a major life change, having access to comprehensive resources can ease the transition for you and your family.

Future & Financial Planning Post-Divorce

Putting a plan in place for your financial future after divorce is critical. At Diggs & Sadler, we don't just assist you through the legal proceedings; we help you look at the bigger financial picture post-divorce. Whether it's understanding how to manage your finances as a single individual or how to adjust to altered income dynamics, we offer guidance to empower your financial independence.

We recommend developing a detailed budget that accounts for all possible financial changes, including adjustments to monthly expenses, health care, taxes, and future savings goals. Our clients are also encouraged to review their estate planning documents, such as wills and insurance policies, to reflect their new circumstances. By addressing these areas, you can transition into your new life stage with confidence and clarity.