Finding Legal Help in Austin
We at the Duke Firm, PC of Austin understand how devastating a contested divorce can be on a family. Unlike an uncontested divorce, the process with a contested divorce is much more complicated. The couple can’t reach an agreement on the major issues such as division of property, child custody, etc.; this is where an attorney must step in.
In this case, each spouse is represented by his and her own lawyer, and the couple may even have to go to trial before a family court judge if an agreement between both parties still cannot be reached in the early stages.
It is wise to seek an attorney who has experience in litigation processes dealing with contested divorce cases, due to their complexity.
There is so much at stake in a contested divorce, such as child custody, visitation rights, child support, alimony, and division of property.
In the state of Texas, the termination of a marriage can be either “no fault,” or fault based. In a “no fault” case, you can file for a divorce without having to show that the other party caused the marriage to breakdown. Under the no fault rules, either spouse may obtain a divorce, even if the other party does not consent to a divorce. A married couple can obtain a no fault divorce if their marriage has become unsupportable, or if they have been living apart for three years or more.
In a fault-based divorce, however, one spouse has to give legal reason in order to qualify for divorce. Such legal reasons can include:
- Adultery
- Abandonment
- Incurable insanity
- Cruel and inhumane treatment (abusive relationship)
While most divorce cases are settled out of court nowadays, there are some unfortunate cases that may end up having to be resolved in court; this is always the case with a contested divorce.
Litigation in a contested divorce will usually involve a series of document exchanges and court appearances. In certain situations, there may be questions or situations which need to be temporarily resolved before the final divorce agreement can be reached or be ordered by the court.
There are usually temporary orders dealing with child support, custody or other matters which will remain in affect until the final decision is made at the end of the divorce process. If a settlement still isn’t reached, then the case will then go to trial before a judge and/or jury.
This can be a long, stressful and expensive process, which is why you should seek legal advice to find out if this type of divorce will be necessary for you and your family. If you are filing divorce or legal separation in Austin, call the attorneys at the Duke Firm for a free consultation at 888-314-5720, or complete our quick contact web form.
