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

by: EricM.Willie
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If you are thinking about getting a divorce in Texas, you must first file a Petition for Divorce with the court setting forth the grounds for the divorce and you must support your petition by showing evidence for those grounds.

After filing for divorce, your spouse must be served. This refers to "service of process." This simply means that the petition must be delivered to your spouse, by a process server or sheriff, which will then start the clock ticking. Your spouse will need to respond to your petition. They can either chose to do this themselves or they may hire a lawyer. We find that typically, the other spouse hires a lawyer, and you must gauge the qualifications of the other lawyer from the outset.

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.

During the divorce proceeding, the spouses will then need to work out issues such as child custody, child support, spousal support, how property should be divided etc. If the parties can't agree to all issues, the time frame can take much longer. Easier divorces are done in 60 days, while some divorces can drag on for months or years. It is up to you.

It is really up to you how long the process takes. If you and your spouse can agree, then the process can be done in 60 days. I have seen some divorces drag on for years or at least issues related to the divorce.

In other words, any reason at all is grounds for divorce. The Fault Grounds are as follows:

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; Insanity and confinement to a mental hospital; Living Separate and apart without cohabitating for minimum of three years; and Mental cruelty

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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