Board Certified Family Law Attorneys in Austin
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Austin Divorce Attorneys

Board Certified Texas Family Law Specialists

Stinson Moyle, PLLC, specializes in Texas family law. Our lawyers have the experience required to expertly guide you through your divorce proceeding. Divorce is a challenging time filled with raw emotions. Having to deal with charged emotions in addition to navigating the legal process can be overwhelming. Whether you need a skilled negotiator or an expert litigator, our Austin divorce attorneys are experienced advocates that will protect your interests while remaining understanding and responsive to your needs.

Discuss your divorce, rights, and options with a specialist in the field of family law. Call (512) 948-3688 today!

The Divorce Process in Austin, TX

Once an Original Petition for Divorce is filed with the court, you become known either as the Petitioner (the spouse who filed the Petition to start the proceeding) or as the Respondent (the spouse who was served with the Petition and responds to it or answers). Provided you have lived in Texas for at least 6 months prior to filing for divorce, the Petition is filed in the county where you or your spouse have lived for at least 90 days.

No Fault Divorce v. Grounds for Divorce

The state of Texas allows for "no-fault" divorces based on what is called "insupportability" and most divorce cases are granted on this basis. However, fault grounds for divorce also exist such as cruelty and adultery and Courts may take fault grounds into consideration when determining how to divide the marital estate.

The following are fault-based grounds for divorce in Texas:

  • Adultery
  • Cruelty
  • Felony conviction
  • Abandonment
  • Living apart for at least three years
  • Confinement to a mental hospital

    If you are still considering your options and have not yet filed for divorce, our Austin divorce attorneys can assist you in evaluating whether there is any advantage to alleging one of these fault grounds in your Petition.

    Temporary Orders

    After a Petition has been filed, the court may render temporary orders at the request of one of the parties. These orders may address possession and use of property – including which party can live in the marital residence while the divorce is pending, temporary support for one of the parties, temporary parenting plans for the children, and temporary child support.

    Divorce Waiting Period

    In Texas, the Court cannot grant a divorce until the Petition has been on file for at least 60 days. During this time, the parties can exchange information through discovery and attempt to reach an agreement through informal settlement or by participating in mediation. If the parties cannot resolve their case, then contested divorces will proceed to final trial at which time a Court will determine all issues that remain in dispute between the parties.

    Division of the Marital Estate

    Texas is a community property state. Therefore, all assets and liabilities are presumed to be community property. The community estate must be divided upon divorce. While most people mistakenly believe that it will be a 50/50 division, the Texas Family Code actually states that the court must make a "just and right" division of the marital estate. In many cases, this is a relatively simple undertaking. However, some cases are more complicated and involve issues regarding characterization and valuation of specific assets.

    See our page on Complex Property Division for additional information on how your property may be divided.

    Contact our Austin Divorce Lawyers Today

    Susannah A. Stinson and Rachel Moyle are Board Certified divorce attorneys ready to assist families in Austin and across the state in these complex and highly emotional matters. We welcome you to contact us to learn how our experienced and dedicated advocacy can benefit you in your divorce.

    Give us a call at (512) 948-3688 to get started.