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Austin Divorce Law-A Step-By-Step Guide to the Basics

Jul 17, 2008
If you are interested in filing for a divorce in Austin or the surrounding counties, your attorney must file a petition for divorce. While this is the first step to filing, there are potentially many steps. But the step of filing the petition gets the process moving and will get you on the court's docket. The petition will need to show evidence as to why you are seeking a divorce.

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.

However, if the parties are unable to agree to all issues such as child support, spousal support, child custody, property division, etc. then the time frame may take much longer.

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.

To file for a divorce in Austin Texas, there are two statutory grounds: The first is a no-fault divorce, and the second is a fault divorce. A no-fault divorce is legally defined as a "marriage that 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." So for all intents and purposes, any reason at all is a reason for divorce in Austin, TX.

But, may times you may want to allege fault. The reason to do this is to provide more evidence for your case. This can place you on better footing in your case against your spouse. Such grounds include the following: Adultery; Imprisonment or conviction of a felony, Imprisoned for at least one year for a felon and has not been pardoned; Mental cruelty; Abandonment whether intentionally or remained apart for at least one year; Insanity and confinement to a mental hospital; and Living Separate and apart without cohabitating for minimum of three years.

Eric Willie is a well known divorce attorney in Austin, TX. To learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher, please visit us online.
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For more divorce articles, FREE information and access to the lawyers who can help you win your case, visit Austin Divorce Attorney today.
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