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Divorce Lawyers in Austin, Texas

The Eggleston Law Firm > Divorce Lawyers in Austin, Texas

Austin Divorce Attorneys: Your Future is Our Priority

Side view of woman laying her ring on a table.At The Eggleston Law Firm, we wholeheartedly understand the profound challenges that accompany the journey through divorce. We’re more than just a law firm; we’re a dedicated legal team committed to placing your future as our top priority. Our commitment is unwavering, and we don’t sugarcoat it. You can expect straightforward, candid advice from us as we work relentlessly by your side. We harness the collective skills and experience of our entire staff to ensure the most favorable outcomes for you. Your future is paramount to us, and we are here to transform it into reality.

Whether you’re wrestling with the intricate legal facets of divorce, addressing concerns related to child custody, navigating the complexities of property division, or seeking guidance on alimony and spousal support, we stand by your side with unwavering support and knowledge throughout every phase of the process.

Please don’t hesitate to contact us today at 512-640-2507 to set up a complimentary consultation with one of our seasoned Austin divorce attorneys. We are here to guide you through this transformative phase of your life with unwavering support and unwavering confidence. Our team also assists with same-sex divorce proceedings.

What Are the Grounds for Divorce in Texas?

When contemplating a divorce in Texas, it’s important to make sure you understand the legal reasons that justify ending a marriage. Texas is a “no-fault” divorce state, meaning that you don’t need to prove any specific wrongdoing by your spouse to obtain a divorce. However, it is still helpful to be aware of the various grounds for divorce that exist in Texas.

Some of the Most Common Grounds for Divorce in Texas Include:

  • Insupportability: This simply means that there is discord or conflict between the spouses that has destroyed the marriage relationship and there is no reasonable expectation of reconciliation. Insupportability is often cited as the reason for divorce when there are irreconcilable differences between the spouses that make it impossible for them to continue living together as a married couple.
  • Adultery: If one spouse has engaged in extramarital affairs, it can be considered a valid reason for seeking a divorce. Adultery can cause significant emotional pain and damage to the trust within a marriage, making it difficult for the spouses to continue their relationship.
  • Cruelty: This refers to any cruel treatment by one spouse towards the other that renders the marriage insupportable. Cruelty can manifest in various forms, including physical, emotional, or psychological abuse. If a spouse has been subjected to such cruelty, it may be necessary to seek a divorce to protect their well-being
  • Abandonment: If one spouse has left the other without any intention of returning and without the other spouse’s consent, it can be considered abandonment. 
  • Living separately: If the spouses have been living apart without cohabitation for at least three years, they can seek a divorce based on this ground. Living separately can occur due to various reasons, such as work-related obligations, personal differences, or simply a breakdown in the marital relationship.
  • Confinement in a mental hospital: If one spouse has been confined in a state mental hospital or a private mental hospital for at least three years and it appears that their mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable, the other spouse may seek a divorce.

It’s important to note that these grounds for divorce are not exhaustive, and there may be other specific circumstances that can justify seeking a divorce in Texas.

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Understanding How ‘No-Fault’ Divorce Works

Divorce can be a difficult and emotionally challenging process, but understanding the different types of divorces can help make the journey a little smoother. One such type is the ‘no-fault’ divorce, which has gained popularity in recent years.

Unlike fault-based divorce, a no-fault divorce does not require one spouse to prove that the other did something wrong. This means that couples can dissolve their marriage without assigning blame or fault to either party. Instead, the most commonly cited ground for divorce in Texas is insupportability.

Opting for a no-fault divorce can potentially save couples from lengthy and contentious legal battles. Instead of focusing on proving fault, they can direct their energy toward resolving other important matters, such as child custody and child support, property division, and alimony.

Important Matters in a No-Fault Divorce

Little girl looking over her mother's shoulder.Child custody and support are often the most significant concerns for couples going through a divorce. In a no-fault divorce, the court will prioritize the best interests of the child when making decisions about custody arrangements. This means that both parents will have the opportunity to present their case and demonstrate their ability to provide a stable and nurturing environment for their children.

Property division is another crucial aspect of divorce proceedings. In a no-fault divorce, the court will typically divide marital property in a fair and equitable manner. This does not necessarily mean an equal split, but rather a division that takes into account factors such as the length of the marriage, each spouse’s financial situation, and their contributions to the acquisition of marital assets.

Alimony, also known as spousal support, may also be a consideration in a no-fault divorce. The court will assess various factors, such as the duration of the marriage, the earning capacity of each spouse, and their respective financial needs, to determine if alimony is appropriate and, if so, the amount and duration of the payments.

Overall, a no-fault divorce offers couples a more amicable and less adversarial approach to ending their marriage. By focusing on the breakdown of the relationship rather than assigning blame, couples can work towards a resolution that is fair and equitable for both parties involved.

How Long Does the Divorce Process Take?

The timeline for a divorce in Texas can vary depending on several factors, including the complexity of your case and the level of cooperation between you and your spouse. On average, a divorce in Austin can take anywhere from a few months to a year or more to reach a resolution.

Factors that can impact the duration of your divorce include:

  • The Need for Temporary Orders

When it comes to temporary orders, they are often necessary when couples cannot agree on important matters such as child custody, visitation schedules, or financial support during the divorce process. These orders are put in place to provide stability and guidance until a final resolution is reached. Our attorneys will work diligently to negotiate temporary orders that are fair and in the best interest of all parties involved.

  • Issues related to Child Custody 

Child custody and support issues can significantly impact the duration of a divorce. If you and your spouse are unable to come to an agreement regarding the custody of your children, the court may need to intervene and make a decision based on the best interests of the child. This process can take time as the court carefully considers various factors, such as the child’s relationship with each parent, their living arrangements, and their overall well-being.

  • Asset and Property Division Disputes

Property division disputes can also prolong the divorce process. Texas is a community property state, which means that marital assets and debts are typically divided equally between spouses. However, determining what constitutes community property and separate property in a contested divorce can sometimes be a complex and contentious issue. Our attorneys have extensive experience in navigating property division disputes and will work diligently to ensure a fair and equitable distribution of assets.

  • Any contested matters of Texas family law that require court intervention

In some cases, divorces become highly contested, with both parties unable to reach an agreement on important matters. When this happens, court intervention may be necessary to resolve the disputes. This can further prolong the divorce process as the court schedules hearings, considers evidence, and makes decisions based on the facts presented. Our attorneys are skilled litigators who will advocate for your rights and interests in court, if necessary.

Our experienced Texas divorce lawyers will strive to expedite the process while ensuring your best interests are protected.

While the duration of a divorce can be uncertain, our team of legal professionals will guide you through the process, providing support and legal guidance every step of the way. We understand that divorce can be emotionally challenging, and we are committed to helping you achieve a resolution that protects your best interests and the well-being of your family’s future together.

Related Topic: Cost of Divorce in Texas: Understanding the Financial Implications

Factors That Can Speed Up or Delay Your Divorce

When it comes to divorce proceedings in Texas, there are several factors that can either expedite or prolong the process. While the legal system provides a framework for resolving marital disputes, the specific circumstances of each case can greatly influence the timeline. 

An essential component that can significantly expedite the divorce process is your willingness to engage in communication and negotiation with your soon-to-be-ex-spouse. When both parties approach the situation with an open mind and a readiness to find common ground, it sets the stage for a more streamlined resolution of disputes. Efforts directed at achieving a mutually acceptable settlement can help bypass unnecessary delays, allowing both parties to move forward with their lives.

At The Eggleston Law Firm, we offer more than just legal counsel. Our comprehensive support team includes licensed counselors and experienced legal professionals, ready to assist you during this challenging phase.

When Contentious Issue Arise

A couple arguing about their divorce.Not all divorces are amicable, and contentious issues can arise. Child custody disputes, for example, can be emotionally charged and complex. When parents cannot reach an agreement on custody arrangements, it may require the involvement of mediators, evaluators, or even the court to make a determination. These additional steps can naturally extend the duration of the divorce process.

In addition to child custody matters, complex property division can also contribute to delays. When there are significant assets or intricate financial arrangements involved, it may be necessary to enlist the help of financial experts or forensic accountants to ensure a fair distribution. These professionals play a crucial role in evaluating the value of assets, uncovering hidden assets, and providing expert opinions on complex financial matters.

Another factor that can impact the speed of your divorce is the overall workload of the court system. If there is a backlog of divorce cases, it may take longer to have your divorce heard and finalized. The court’s schedule and availability of judges can also affect the timeline. While it is beyond your control, having experienced divorce attorneys who are familiar with the local Austin court system can help navigate any potential delays and keep your case moving forward.

Related Topic: How to Protect Your Privacy in an Austin Divorce

Contact The Eggleston Law Firm – Trusted Texas Divorce Attorneys

At The Eggleston Law Firm, our entire support team is dedicated to guiding you toward making informed decisions for your future, keeping the big picture in sight, safeguarding what holds meaning for you, defending your rights, and advocating for what you rightfully deserve.

Our adept divorce attorneys have a profound understanding of the intricacies of divorce proceedings in Austin, Texas. We’re committed to diligently identifying potential obstacles and formulating strategies to navigate through them. Our primary objective is to help you attain the most favorable resolution while protecting your rights and interests.

Feel free to contact The Eggleston Law Firm at 512-640-2507 today to arrange a free initial consultation. We’re here to provide the guidance and support you need during this critical phase in your life.

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