At the Duke Firm, PC, we know that divorce is a word no family wants to hear. It can be devastating emotionally as well as financially. It is one of the most stressful things a couple will ever have to endure. If children are involved, it just makes things even more painful.
However, sometimes a divorce is necessary among couples. It can be due to things such as financial problems, abusive relationships, or even constant bickering and/or lack of communication.
If divorce is the only option you have of salvaging yourself and the rest of your family, and getting you back on the right path, then you should speak with an attorney who practices family law and knows the different options of divorce.
Divorce in Austin
To file for divorce in Texas, you or your spouse must be a resident of Texas for at least six months, as well as a resident of the county in which the petition for divorce is filed for 90 days preceding the filing.
Speak to your spouse on how to split the properties, setup alimony payments, child custody, child support, and visitation rights.
If an agreement cannot be reached between you and your spouse, you will each need an attorney to represent you and your spouse. This is known as a “contested divorce.” If you can both come to terms with a proper settlement, then only one of you will need an attorney to draft up the necessary paperwork for both of you to sign. This is known as an “uncontested divorce.”
The divorce process begins when you or your significant other files what is called an “original petition for divorce,” with a family law court. Then, you or your spouse is then served with the petition, and given some time to respond. If you both come to agreement on all the major issues, then the divorce can be finalized without having to go to trial.
If, however, you both cannot come to agreement, then a hearing must be scheduled for sometime in the near future for both of you to appear in court, with your respected attorneys. If a hearing is necessary, make sure you come to court with all of your paperwork in order. If you both still disagree on the issues such as property or children, then it may take more than just one court date for you to get your divorce finalized.
With any type of divorce, contested or uncontested divorce in Austin, you will need an attorney for legal counsel. If you are facing the possibility of a divorce, call the Duke Firm at 888-314-5720, or complete our quick contact web form.
