We understand that going through a divorce can be one of the most stressful, emotional times in your life. We are here to provide guidance and help you through this time. Our goal: For you to walk away with peace of mind, knowing you did everything just the right way.

Below is a starting point for you to understand how the divorce process works. Each situation is unique, but this will give you a good overview.

DIVORCE-THE BASICS

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.

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.

There is a 60-day waiting period from the time the Petition is filed with the court until the divorce decree is issued and the divorce is final.  This is sort of a “cooling off period.”

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.

THE DIFFERENCE BETWEEN A NO FAULT OR FAULT DIVORCE:

A no fault divorce just means:   “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.” 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.
  

ESTABLISHING DOMICILE-LIVING IN TEXAS

Either you or your spouse must be domiciled (which means living) in the State of Texas for the preceding six months prior to filing the Petition for Divorce and must be a resident of the county where the petition is filed for the preceding 90 days.

WHAT ISSUES MAY ARISE IN A DIVORCE
   

• How to properly value and distribute joint property
• How to get you the property that you owned prior to marriage
• How to deal with the complicated tax matters that can arise during a divorce
• How to deal with child custody issues and visitation schedules, who makes decisions for the child, and where the child will live
• How to properly handle child support and related issues
• How to handle spousal support
• How to divide a family business
• How to handle health insurance for the parties and children before, during and after a divorce.
• How To handle division of retirement assets
  

It's very important to remember that a divorce decree stays in effect a long time unless modified by the court so it's critical that you completely understand and agree with all issues involved and make the right choices. 

The Law Office of Willie & Dasher, Austin Divorce Lawyers represent clients in the Austin, Texas and surrounding areas with their divorce matters, including child custody, child visitation and child support and all issues in between. We treat our clients like we would a member of our family, and will explain the process, and be by your side every step of the way.

For more information about Texas Divorce laws, child custody, child support, spousal support and child visitation, please visit call the Austin Divorce Attorneys at the Law Office of Willie & Dasher at (512) 478-0834 for a confidential consultation to discuss your options. You may also fill out the contact form on this page.

SPOUSAL SUPPORT IN A DIVORCE

If you are contemplating a divorce and are concerned about spousal support issues, you should know that under Texas Law, during your pending divorce case, the court does have unlimited jurisdiction to award temporary spousal support if the parties are unable to resolve this issue.

A party may file a temporary injunction for preservation of marital assets and property, temporary protection or to request an order for spousal support payments and maintenance.

The court will consider the following factors in determining whether it is appropriate to award spousal support.

• Financial circumstances of both parties;
• Length of the marriage;
• Pre-marital and marital assets of the parties;
• Age, health, employment experience and earnings ability of the spouse requesting spousal support;   
• Whether during the marriage one spouse contributed to the education or potential earnings of the other spouse; and 
• Whether one spouse has attempted to hide or deplete marital assets without the other spouses consent or knowledge. 
  

Please keep in mind that the court has limited jurisdiction with regard to alimony once a divorce decree has been issued and the divorce is final. 

You may be entitled to receive alimony after a divorce if you were married more than ten years or in certain other circumstances for a limited duration of time. Since spousal support and alimony, child support and child custody matters are complicated and highly emotional issues, the Austin Divorce Lawyers at the Law Office of Willie & Dasher recommend that you hire a qualified and experienced family law attorney. 

The Law Office of Willie & Dasher, Austin Divorce Attorneys, represent clients in the Austin, Texas and surrounding areas with their divorce, spousal support, child support and other related family law issues.  Our focus is to help you achieve peace of mind. We will be here to listen to you, answer your questions and more importantly represent your interests to create the best possible outcome for your case.

The Divorce Lawyers at The Law Office of Willie & Dasher, treat our clients as if they are part of our own family with the respect, dignity and honor they deserve.    

For more information about divorce, spousal support and alimony and other related family law matters, please call the Austin Divorce Attorneys at the Law Office of Willie & Dasher to discuss your options today at 512-478-0834. Or, you may fill out the contact form on this page.
                   
MARITAL PROPERTY DIVISION

One of the issues that come up in a typical divorce situation is how to divide the marital property in a fair and equal manner. If the parties are unable to agree by themselves, then the court will decide for them taking into consideration what is just and right for the parties and their children. 

The court shall award real and personal property to the parties by considering what is personal property and what is community property.   The court has the ability to divide property equally, or take into consideration other factors such as:

• Earning capacities of each spouse
• The educational background of each spouse
• Who has primary responsibility for raising children
• Many other factors.
  

With regard to retirement and employment benefits and other types of retirement plans and insurance policies, the courts will determine the rights of both spouses.

Since martial property division issues are so emotional and complex, it is recommended that you seek the advice of an experienced and skilled Divorce Lawyer in Austin.  The Law Offices of Willie & Dasher, Austin Divorce and Family Law Attorneys, represent clients in the Austin, Texas and surrounding areas with their divorce, property division, child and spousal support and custody issues, as well as other related family law matters. 

We will be there for you every step of the way during this trying, emotional time in your life. Our goal is for you to finish the process as smoothly as possible so that you can move on with your life.

For more information about divorce, including marital property division, spousal support and alimony and other related family law matters, please contact the Austin Divorce Attorneys at the Law Office of Willie & Dasher today at 512-478-0834.  Or, you can fill out the contact form on this page.

PROTECTIVE ORDERS IN A DIVORCE

Sometimes during or after divorce proceedings, if a party has a history of violence or has made threats, it is necessary for one party to file for a protective order against the other party or another family member or third party.  Also, if there is family history of violence against a child, any adult may apply for a protective order to protect the child. 

In addition, Texas law provides that if there is family violence committed against any person, a prosecuting attorney or the Department of Protective and Regulatory Services may also file for a protective order. 

The person who files the order is called the applicant and the other person is called the respondent. An application for protective order is either filed in the county where the applicant resides or the county in which the respondent resides. 

Pursuant to Texas Family Law Code Section 82.009, an application for a temporary ex parte order must contain a detailed description of all facts pertaining to the family violence, and must be signed under oath that the facts are true to the best knowledge of the party.  

Since protective order issues are so emotional and stressful and the parties may be in immediate danger, it is best to seek the advice of an experienced and skilled family law attorney to assist you in obtaining the order. 

The Law Office of Willie & Dasher are experts in family law matters and represent client in the Austin, Texas and surrounding areas with divorce, protective orders, child support and spousal support and other family law related issues.  Our primary concern is our client’s best interests.  The Austin Divorce Lawyers of The Law Office of Willie & Dasher understand how stressful and complex these issues are for our clients. We are here to help you obtain the most favorable results. 

For more information about divorce, protective orders, child support, child custody and other related family law matters, please callThe Law Office of Willie & Dasher, at 512-478-0834. Or, just fill out the contact form on this page.