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DIVORCE ATTORNEY IN AUSTIN, TX
The period surrounding a divorce can be fraught with uncertainty, emotional upheaval, and the sensation of venturing into unknown territory.
Each client is given our complete focus. We're committed to ensuring that your rights, your well-being, and your future are protected as you navigate this challenging phase.
Our mission is to defend your interests in the divorce process and achieve the most favorable results for you.
We understand the emotional and financial burdens that divorce can bring. That's why we are dedicated to easing this burden by championing your needs, from negotiating divorce agreements and asset divisions to addressing child custody and support matters.
"I do not have the vocabulary to articulate how deeply grateful I am to Collin White. He took what appeared to me to be an impossible situation, flipped it on its head, and enabled the best possible scenario for my daughter."
- Steven D.
A Comprehensive Approach to the Issues of Divorce.
We’re Here to Help
Navigating through the complexities of divorce laws in Texas can feel overwhelming. At The Law Office of Collin T. White, we offer comprehensive legal services to guide you through every stage of the divorce process. We are committed to providing personalized support, aimed at making this challenging time as straightforward and stress-free as possible.
What Are the Requirements to Get Divorced in Texas?
To file for divorce in Texas, several general requirements must be met, as outlined in the Texas Family Code. Below are the key requirements along with citations from the relevant sections:
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Residency Requirement:
- One of the spouses must have been a domiciliary of Texas for 6 months preceding the filing of the petition. Additionally, one spouse must have resided in the county where the petition is filed for at least 90 days preceding the filing (Texas Family Code, Sec. 6.301 Residence Requirement).
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Grounds for Divorce:
- Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, the grounds can be insupportability, meaning the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
- Fault-based grounds include cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital (Texas Family Code, Sec. 6.001 - 6.007 Grounds for Divorce and Defenses).
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Waiting Period:
- There is a mandatory waiting period of 60 days after the petition is filed before a divorce can be finalized, except in cases of domestic violence (Texas Family Code, Sec. 6.702 Waiting Period).
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Petition and Notice:
- The process officially begins with the filing of a Petition for Divorce in the appropriate county court. The petition must then be legally served to the other spouse, providing them notice of the divorce proceedings.
These are the foundational requirements for filing for divorce in Texas, according to the Texas Family Code. Each case may have additional complexities or considerations, so consulting with a legal professional is advised to navigate the specifics of any individual situation.
Other Considerations of Divorce That We Can Help With
Navigating Asset Division and Property Rights
In Texas, ensuring the division of assets during a divorce is fair and equitable is paramount. The law mandates a "just and right" distribution, as outlined in Texas Family Code § 7.001. Given Texas' status as a community property state, distinguishing between jointly owned property and separate property requires a nuanced understanding of the law. A divorce attorney can play a critical role in advocating for your interests, ensuring that property division respects your contributions to the marriage and protects your financial future.
Child Custody and Support: Prioritizing the Best Interests of Your Children
The welfare of children is the central focus of any divorce proceeding involving minors. Texas Family Code §§ 153.002-153.026 provide the framework for determining custody arrangements that best serve the child's interests, considering factors like parental abilities and the home environment's stability. Furthermore, child support calculations, guided by Texas Family Code § 154.125, demand meticulous attention to detail to ensure fairness. A divorce attorney can help represent your position vigorously, aiming for arrangements that reflect your children's needs and your capabilities.
Alimony and Spousal Support: Advocating for Fair Support
Under specific circumstances, such as long-term marriages or where one spouse faces disabilities, Texas Family Code §§ 8.051-8.055 allows for spousal maintenance. A divorce attorney can help navigate the complexities of qualifying for and determining the amount of spousal support. A divorce attorney can also present a compelling case for or against spousal maintenance, emphasizing factors that legally entitle you to support or impact the support amount.
Choosing Between Mediation and Litigation: Tailoring the Approach to Your Situation
Deciding between mediation and litigation involves careful consideration of your divorce's specific details. While mediation offers a path to amicably resolve disputes outside the courtroom, litigation might be inevitable in more complex or contentious scenarios.
Your divorce attorney is instrumental in evaluating which approach best suits your case, and advocating for your interests in either setting. Their expertise ensures that you are well-informed and prepared, whether negotiating at the mediation table or presenting your case in court.
If you are considering a divorce in Texas and have questions about the process, your rights, or what steps to take next, please feel welcome to reach out to us.
Contact us at (737) 888-4883 to schedule a complimentary consultation.
Why Choose The Law Office of Collin T. White?
Family Focused
We are well versed and focused in family law matters such as divorce, child custody, and adoptions.
Experience
Our years of experience focused in family law help us to navigate even the most complex family law matters with insight and expertise.
Personalized Care
Our size allows us to offer personalized attention to each client, ensuring that your unique situation is understood and your needs are met.
Availability
When you're a client of The Law Office of Collin T. White you will speak to an attorney directly - not through a paralegal or secretary.