Our Approach

 

The divorce rate has increased, partly due to greater social acceptance, but that doesn't make the process any easier. Our experienced divorce lawyer is here to answer your questions and help you understand your rights and responsibilities. You don't have to go through this difficult time alone let us provide the support and guidance you need.

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Uncontested and Contested Austin Divorces

The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested. 

The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement. 

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Common Grounds for Divorce

In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. There are, however, some divorces where one spouse must or prefer––for strategic reasons––to show fault.

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No-Fault Divorces

When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.

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Fault-Based Divorces

Fault-based divorces are seldomly required today, but some people may still wish to pursue a fault-based divorce for a number of reasons, like using it as a factor to obtain a better outcome for:

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• Property division

• Spousal support

• Child support
   

The grounds for a fault-based divorce typically include things like:
 

• Adultery, the other spouse had an affair during the marriage

• Abandonment, the other spouse has physically left or has refused to engage in sexual relations for at least one year

• Cruel and inhuman treatment, the other spouse makes it unsafe or improper to live with them

• Felony conviction, the other spouse has been in prison for at least three consecutive years

• Substance abuse, the other spouse has an addiction to alcohol and/or drugs
   

Fault-based divorces are far more contentious and more expensive. They can, however, lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.

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Property Division

Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage. 

• Texas is a community property state where assets are split 50-50
   

   Types of marital property include:

• Real estate 

• Bank accounts

• Investment property

• Vehicles, boats

• Furniture

• Artwork

• Pensions

• Securities

• Retirement accounts

• Debt