Going through a divorce is never easy, whether you’re the one filing or the one being served with the divorce papers. The process of divorce, no matter how amicable the spouses go about it, is not without its challenges. Having a divorce lawyer can help ensure the process is as stress-free as possible. The right guidance can make all the difference in how smoothly and fairly your divorce is resolved.
At Albizu Law Firm, we recognize the emotional weight of divorce and the importance of adequate legal guidance. Led by attorney Iris Albizu, we have represented a wide range of clients in Austin, Texas, and surrounding areas in different divorce matters. We understand that no two divorces are alike, and we treat every case with the unique attention it requires. From property division to child custody and support, our goal is to help our clients protect their interests.
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Texas law requires that at least one spouse has lived in Texas for six months and in the county where the divorce is filed for at least 90 days. There is also a 60-day waiting period before a divorce can be finalized, even in uncontested cases.
Texas is also a community property state, which means most assets acquired during the marriage are divided fairly (though not always equally). You do not need to prove fault to get a divorce in Texas. However, in some cases, fault (like adultery or cruelty) can affect the division of property or custody arrangements.
There is a due process to follow when initiating a divorce in Texas, which ranges from filing and waiting periods to property division and child custody. Here’s a closer look:
The divorce begins with the filing of an Original Petition for Divorce with the court. This document outlines the grounds for divorce and what the petitioner is requesting (such as custody, property division, or child support).
After the petition is filed, the respondent spouse must be served with a copy of the divorce papers. The response received from the respondent determines if the divorce will be contested or uncontested.
From the date the petition is filed, there is a 60-day waiting period before a divorce can be finalized. This time is intended to give both parties the opportunity to reconsider or potentially reconcile whatever differences they have. Depending on the case, a temporary court-issued order can be requested if issues like child custody, visitation, child support, finances, or living arrangements come up. These orders stay in effect during the divorce process.
During the process, parties can negotiate or mediate out of court on issues like child custody, support, or property division. This process helps avoid a trial and often leads to better outcomes for both parties and their children (where applicable).
If no agreement is reached, the case goes to trial, and the judge then decides on property, custody, and support based on the arguments of the parties and evidence presented.
Once all issues are settled either through negotiations, mediations, or trial, the court then signs a Final Decree of Divorce, officially ending the marriage.
Depending on the approach you decide to take, there are several aspects of the divorce process that any of our divorce lawyers at Albizu Law Firm can assist with, including:
Our uncontested divorce lawyer can help when both parties agree on all major issues like property division, custody, support, and debt. Here, we help ensure the divorce is finalized in line with the required legal requirements.
Our divorce team can also help when spouses fail to agree on any aspect of the process, resulting in a contested divorce. If there’s disagreement over child custody, finances, or property, we can always provide legal guidance and represent your best interests.
We can also help with high-net-worth divorce cases involving complex assets like businesses, investments, or multiple properties. We help clients identify, value, and divide assets while ensuring their interests are protected.
We understand that custody and child support decisions are vital aspects of a divorce. Our divorce lawyers can ensure that divorcing couples navigate this phase carefully while considering the best interests of the children.
Domestic violence makes a divorce that much more overwhelming, for you and your children. We help clients obtain protective orders and develop a legal strategy that ensures their safety through the process.
At Albizu Law Firm, our committed team is ready to listen to your needs and make the divorce process as painless as possible. Do you have questions to ask a divorce lawyer, or do you need clarity about any step of the process?
Call us today at 512-601-5597 or fill out the form on our website to schedule a consultation with any of our divorce lawyers.
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