Divorce
Schedule a Consultation
Navigating Through the Divorce Process in Texas: Why You Need an Austin Divorce Lawyer.
Going through a divorce is not an easy process. It can be heartbreaking, stressful, and traumatic for both spouses and children. If you’re considering a divorce and want to make the process as easy as possible, it’s important to consult with a team that understands your needs. You will find a firm that operates with authenticity and empathy, like the Law Office of Brandon Bledsoe.
Requirements for Filing a Divorce in Texas
To be eligible to file for divorce in Texas, one spouse must have:
- Lived in Texas for the six months prior to filing and
- Been a resident of the county in which the suit is filed for 90 days before filing
Once residency is established, the grounds for divorce must be defined. Grounds for divorce may be no-fault or fault-based.
A divorce lawyer at the Law Office of Brandon Bledsoe can assist you in determining whether a no-fault or fault-based divorce will be the best approach.
No-Fault Grounds for Divorce in Texas
Divorces filed as “no fault” are much simpler and less costly than those based on fault because neither spouse is trying to prove that the marriage dissolved as a result of the other spouse’s behavior.
No-fault grounds for divorce in Texas include:
- Insupportability of the marriage — essentially, there’s no chance for reconciliation
- The spouses have lived apart for at least three years
In either of these two cases, the case can proceed without much argument from either side.
Fault-Based Grounds for Divorce in Texas
If the divorce is filed on the basis of fault, it will likely take longer to finalize and can also be much more costly to both parties. The spouse who declares the marriage has ended based on fault must present evidence of the actions of the other spouse that led to the divorce proceedings.
Fault-based grounds for divorce in Texas include:
- Confinement to a mental hospital for at least three years
- Adultery
- Cruelty
- Felony conviction
- Abandonment
In either of these two cases, the case can proceed without much argument from either side.
In any of these situations, it is up to both spouses to present evidence of guilt or innocence. At the Law Office of Brandon Bledsoe, our skilled Austin divorce attorneys can work with you to ensure you understand your legal position in a fault-based divorce.
Uncontested vs. Contested Divorces
An uncontested divorce means that both spouses have agreed on issues of property, child custody, and spousal support in advance. These are the easiest divorce cases for a divorce attorney to handle and will typically be settled quickly.
On the other hand, a contested divorce will likely lead to litigation or mediation. Contested divorces can be time-consuming and costly. Both parties will work with their attorneys to define the contested areas and what they are seeking to take out of the marriage. A judge will review all factors and determine the final outcome.
Areas that are typically contested include:
Property
Texas is a community property state. Thus, any property in the marriage is assumed to be owned by both spouses unless:
- Property was owned prior to marriage and kept separate during the marriage
- Property was obtained through a gift or inheritance
- Property was obtained through a personal injury award
If there are significant assets involved in the marriage, it is very important to hire the best divorce lawyer in Austin. You want to ensure that you safeguard your hard-earned assets, especially during a difficult divorce.
The Law Office of Brandon Bledsoe will assist you in ensuring that your property is protected according to your rights.
Child Custody
All states, including Texas, encourage frequent communication between parents and their children. If parents are able to come to an agreement with regard to child custody, it can ease the burden of divorce. However, in cases in which parents can’t decide, a judge will set a custody agreement according to the child’s best interest. Texas tends to favor joint custody, but will deviate from that if it is not in the child’s best interest.
If you are unable to agree with your spouse on child custody arrangements, it is important to hire a skilled child custody lawyer in Austin. The Law Office of Brandon Bledsoe has experienced divorce attorneys that will work with you to understand your case and help you to fight for the best interests of your children.
Child Custody & Alimony
Both parents may be responsible for child support, but in most cases, a non-custodial parent is the one who must make payments to their former spouse to cover their children’s costs. Child support is generally awarded as a percentage of the parent’s income.
Alimony may be awarded if there is a reason why a spouse cannot earn enough money to continue the lifestyle they had prior to the end of the marriage. This may arise if one spouse has a physical or mental disability. It can also occur if one spouse was the primary caretaker for the children and did not work independently during the marriage.
Schedule a Consultation Today
If you’re seeking to hire the best divorce attorney in Austin, look no further than the Law Office of Brandon Bledsoe. Our highly skilled and professional staff is friendly, accessible, and affordable. Schedule a free consultation with our experienced Austin divorce attorneys today.
SCHEDULE A CONSULTATION