Austin Divorce Lawyer

In Texas, you can file for divorce based on both fault and no-fault grounds. The most common ground for divorce is "insupportability," which is a no-fault ground. Insupportability means that the marriage has become insupportable due to conflicts and disputes and therefore, irreconcilable differences have destroyed the marriage.

Fault-Based Divorce in TX

In a fault-based divorce in Austin, TX, one party alleges that the other party has engaged in behavior that justifies the divorce.

Fault-based reasons for divorce may include:

• Adultery. If your partner cheats on you, you can file for divorce and cite infidelity as the grounds for your decision.
• Cruelty. If your spouse engages in an act of domestic violence or abuse towards you, it's grounds for a divorce.
• Imprisonment. If your spouse is imprisoned for at least a year, you can file for divorce.
• Abandonment. If your spouse abandons you for at least a year, you can file for divorce.
• Separation. If you and your part live apart from each other without cohabiting for at least three years, you can file for divorce.

If you file for a fault-based divorce in Austin, TX, then you should be prepared to back up any accusations you make while filing for divorce. For example, if you file a fault-based divorce for adultery, you should have some sort of evidence your spouse cheated on you to support your case.

No-Fault Divorce in TX

However, you do not need to use one of these reasons to file for divorce in Austin, Texas. You can file for divorce by citing "irreconcilable differences" like mentioned above. This means you do not believe your marriage can be saved, and filing for divorce is in the best interests of both parties. This is called a "no-fault" divorce.

Courts handle fault-based divorces slightly differently than no-fault divorces, especially if a spouse files for divorce citing domestic violence or abuse. If the spouse who files for a fault-based divorce can back up their claims, the court might penalize the other party more harshly than in a no-fault divorce.

In cases where domestic violence or abuse is an issue, the court might refuse to allow the parties to use a form of alternative dispute resolution (ADR) like mediation to prevent a power imbalance between the spouses from playing a role in the divorce.

You should work with an Austin divorce attorney to discuss the best path forward in your divorce. Every case is different, and your divorce lawyer can help you decide whether to file for a fault-based or no-fault divorce.

Issues Handled During Divorce in Texas

Divorce is one of the most complex forms of civil litigation because it also involves several other legal processes. 

During your divorce, you can also expect to handle the following kinds of legal disputes:

• Property division. During property division, the spouses decide how to split their marital assets (the marital home, shared vehicles, assets, and liabilities like bank accounts, retirement accounts, debts, pets, etc.).
• Spousal maintenance. Depending on you and your spouse's financial circumstances, one of you may have to pay the other party spousal maintenance (alimony).
• Child custody and child support. If you share a child (or children) with your spouse, you'll need to develop conservatorship and support arrangements that further your child's best interests and allow them to thrive post-divorce.

How Long Does a Divorce Take in Texas?

Depending on the amount and complexity of the issues that need to be resolved, as well as the degree of conflict between the spouses, it may take 6 months to 1 year or longer to get a divorce in Texas. In addition, a divorce in Texas isn’t final until at least 60 days after the petition has been filed.

Does It Matter Who Files for Divorce First?

Strictly speaking, no. Texas law does not treat the petitioner and the respondent in a divorce case differently when it comes to the issues involved in a settlement. There may, however, be some tactical advantages and/or disadvantages that come with filing for divorce first in Texas.

The person who files for divorce first may have a preparation advantage. Knowing what their plans are, they may use the time leading up to the filing to get a good handle on their financial affairs and understand what they’ll be aiming to get in a settlement. Filing first offers the opportunity to file on at-fault grounds if they apply and can be proven.

These are distinct advantages, although this is another case of every coin having a flip side. The person who files first also has to “tip their hand” so to speak. The spouse that is served with papers has the opportunity to first digest the claims made before responding. The filing spouse is already on record.

The one area where filing first does offer a distinct advantage is that the venue will be determined by where the filing spouse lives. If you and you and your spouse are still under the same roof, it won’t matter. But if you just moved to the Austin area and are being separated, while your spouse still lives in San Antonio, it might be nice to have the court hearings closer to your new home.

Property Division in a Texas Divorce

Does My Spouse Have a Right to Half of My Assets?

When it comes to asset distribution and property division during a divorce, each state has its own unique set of laws and regulations. 

States can fall into one of two categories:

• Community property states. Texas and other community property states facilitate property division by dividing what is “equally owned” between the two spouses. This means that any property acquired during the marriage is fair game for both spouses, whereas “separate property” acquired prior to marriage will likely stay with the spouse who owns it.
• Equitable distribution states. Equitable distribution states give the courts more leeway to facilitate assets in a way that is fair and just. Keep in mind that the purpose of splitting assets equitably does not translate to equally. You're more likely to see a 50/50 split in a community property state than you are in an equitable distribution state.

As a community property state, Texas courts often facilitate a roughly equal split of a couple’s assets and property—however, this is never a guarantee. It all depends on your unique circumstances and the amount of separate property that each spouse owns.

What Is Community Property?

Community property, also known as marital property or jointly owned property, is a term that refers to property acquired during the course of a marriage. In Texas, a judge is likely to oversee a roughly equal split of marital property between each spouse.

Examples of community property include:

• A couple’s home
• Furniture
• Artwork
• Boats
• Real estate
• Retirement accounts, such as 401(k) or IRAs
• The family business

What Is Separate Property?

Separate property or a couple’s individually-owned assets will likely remain with the spouse who owns it. While this may seem self-explanatory, complexities can arise during property division, especially regarding the distribution of retirement accounts and businesses. In some cases, it will be up to the court to establish what is community property and what is separate property.

Will My Retirement Savings Be Split in a Divorce?

More often than not, a judge will facilitate the division of retirement and/or investment accounts in the following manner:

• Funds that a spouse invested into accounts before marriage are considered separately owned by that spouse.
• All funds invested into an account during marriage will likely be split between you and your spouse. In the majority of cases, investments that occurred prior to the marriage will be deducted from the total amount to be split.

Is My Spouse Entitled to Half of My Business?

The answer depends on when the business began. Did you start the business during the marriage? If so, your spouse will likely receive a portion of your business regardless of their specific contributions. However, if you started the business before marriage, you may be entitled to separately own profits incurred prior to getting married. 

Keep in mind that this is never a guarantee. For example, if you started the business on your own, but your spouse contributed to business earnings in any way during the marriage—even if it was simply caring for your home or children while you worked—then your ex may still be entitled to half of the business.

By Your Side from Beginning to End

Divorce can be incredibly intimidating. Handling the emotional turmoil of ending your marriage while deciding how you want to handle various divorce-related processes is a lot to ask of yourself.

At Cofer & Connelly, PLLC, our divorce attorneys in Austin, TX are here to take the burden of your divorce off your shoulders so you can focus on what's really important: maintaining your health and well-being throughout the process. We'll advocate for you in court, giving you comprehensive legal counsel and protecting your rights.

Our Austin divorce lawyers can also help you find a way to proceed with your divorce that enables you to achieve your goals and live life to the fullest once your marriage is dissolved. Divorce is a marathon, not a sprint. You deserve a divorce law firm that will be by your side the whole way, through thick and thin.

Take action now to receive the compassion and advocacy you deserve. Call (512) 991-0576 today or contact us online to request a consultation with our divorce attorneys in Austin, TX.

Recommended Reading:

• Coping with the Holidays After a Difficult Divorce
• Helping Your Children Through the Holidays After a Divorce
• Building the Support System You Need During a Divorce
• What You Can Do to Prepare Your Children for Divorce
• Do Children Ever Have to Testify in Court in Texas?