Austin Divorce Lawyers

Divorce can be a traumatic time for parents as well as the children involved. You can make the process relatively painless by hiring an experienced Austin divorce lawyer. Divorce entails several aspects, including division of assets and liabilities, child custody, child support, and alimony payments. Your Austin family law attorney should be familiar with child custody law, child support laws, and alimony laws for you to receive the most favorable results. White and Measells has experienced Austin family law attorneys who have helped several families through divorces. Call us for a free initial consultation concerning your situation.

Regardless of whether both parties want a divorce or you foresee a long drawn out battle, hiring an experienced Austin divorce lawyer is extremely important. With a family law attorney on your side, the process can be accelerated. There are several issues that arise while negotiating divorce, including property matters, money matters, and child custody, an experienced divorce lawyer can make sure that your interests are protected. Without a divorce lawyer on your side, you may find yourself consenting to clauses in the divorce decree that may not necessarily be in your best interest.

The most important issues to consider in a divorce case are the division of assets and child custody. Your financial assets may include not only your house and bank account, but also family vehicles in addition to other investments made. It is important to ensure that the marital assets are divided equitably during the divorce process.

The state of Texas recognizes both at fault and no fault divorces. A no fault divorce may be granted if the court deems that the marriage has become difficult to continue because the parties agree that there is no expectation of mutual reconciliation. Divorce can also be granted in cases where one of the parties is deemed to be at fault for the failure of the marriage. Fault grounds include adultery, cruelty, confinement in a mental institution, and a concealed divorce.

Texas law has specific requirements which must be fulfilled before a divorce is granted.

Among these requirements include at least one party domicile in the state to ensure that the marriage is valid. This holds true even if the actual wedding took place in another state. The party that files a divorce petition must have been a resident of the state for a period of at least six months. He or she must also have been a resident of the county where the divorce lawsuit has been filed for a period of at least 90 days prior to filing the lawsuit. Throughout the divorce proceedings all issues involving division of property as well as child custody are negotiated by your family law attorney.

Divorce proceedings in Austin are initiated when one of the parties files a Petition for the dissolution of the marriage in court. From the date the petition is filed, the court requires a 60 day waiting period before the divorce can become finalized.

The opposing party in a divorce must be notified that a petition has been filed. There may be a hearing early in the proceedings for the issue of an order concerning property matters and children. If both parties mutually agree that they want a divorce, and come to an agreement on the division of the property and child custody, then the divorce decree can be prepared and signed during the waiting period. If, however, there is a dispute regarding marital assets, debts, or child custody issues, then further negotiations must take place in attempt to resolve such disputes before trial. If such disputes cannot be resolved, the case will go to trial.

If the Petitioner feels the opposing party is tampering with funds or engaging in any threats, then he or she can make a request for a Temporary Restraining Order (TRO). This request can be filed at the same time the divorce is filed or any time thereafter. If a threat of violence exists, a protective order can also be issued. To handle these scenarios, you will need an experienced Austin family law attorney.

Child Support Lawyers

Traditionally, issues of child custody were decided overwhelmingly in favor of the mother. These days, however, mothers are not automatically granted child custody. Fathers who want to obtain custody of a child may find it easier to do so. Both parents will need an experience family law attorney to help in the resolution of child custody cases.

In Texas, the courts decide cases involving child custody by determining the child’s best interest. To do this, the courts may take into consideration the child’s preferences, his or her physical and emotional needs, the capabilities of the parent who is seeking child custody, the parental support system, the stability of the home and any parental acts which may constitute an improper parent-child relationship. The court also considers which parent has been responsible for taking care of the child’s needs, including physical needs, medical needs, and educational needs. The court will also consider any history of criminal activity by either party, included use of illicit drugs.

Once child custody has been decided, Texas courts will also set a schedule for visitation for the non-custodial parent. A typical schedule, called standard visitation, allows the non-custodial parent to have access to the child on the 1st, 3rd, and 5th weekends of every month. They will also have visitation rights on holidays, birthdays, spring break and summer vacation. In most cases, these provisions apply to children between the ages of 3 and 18 years of age. The specific schedule can by changed or modified with mutual agreement of the parents.

With children over the age of 18, visitation schedules normally do not apply. With children under 3 years of age, the courts are hesitant to provide any sort of strict order due to the tender age of the child. The judge will normally determine a visitation schedule that is the best for the parents and the child at the current time. In general, Texas courts prefer to place the child in an environment where he or she will be the most comfortable.

The Texas family code also places guidelines to calculate child support. This is a periodical payment make by the non custodial parent to the custodial parent for the needs of the child. The responsibility of the child support payment can continue until the child becomes 18 years old. If the child is studying in school during this time, the child support payments will continue until he or she graduates from high school. With disabled children, support payment may be continued indefinitely. The Texas Family Code does not provide for child support while the child is in college, although the parents may have a separate agreement if necessary.