Texas Divorce Guidelines and Laws

Divorce Attorneys in Austin, TX

Our Austin divorce attorneys at Nunis & Associates understand what happens when individuals file for divorce. In many cases, it's difficult for people to understand the requirements for divorce under Texas law. An experienced divorce attorney will know they ins and outs of the law.

Austin couples choosing to separate should be aware of laws pertaining to divorce in Texas. If you and your spouse are separating, call a family lawyer to handle your divorce and separation to ensure you are doing it the correct way. There is no legal separation under Texas law, so you need to do this right away to protect your family and your rights.

Texas Divorce Residency Requirements

In Texas, you or your spouse must reside in the state for at least six months, and the county in which you are filing for divorce for at least 90 days. Members of the military stationed in Texas may follow the same residency requirements. In other words, you or your spouse needs to either reside or be stationed in Texas.

Types of Divorce in Texas

• Contested and Uncontested Divorce

Texas is a “no fault” state. A no fault divorce allows either party to claim irreconcilable differences in an uncontested divorce. If there are reasons for the divorce, such as abandonment, adultery, mental cruelty, permanent mental illness, or incarceration, you can file a contested divorce. Issues that need to be resolved in a contested divorce with the help of an attorney are:

• Child custody
• Child support
• Visitation
• Spousal support
• Division of assets
• Debt distribution

The court will determine what the best interests are for any children, as well as property and debt management.

• Collaborative Divorce and Mediation

Texas divorce law allows a divorce to be a collaborative effort between both parties with the help of their attorneys. It allows you and your spouse to avoid a court proceeding, provided you both agree on all the issues. Divorce mediation is another peaceful and cost-effective method to separate. A trained professional such as a lawyer or psychologist facilitates an agreement between you and your spouse. In either case, you can call in financial or other experts to assist in the agreement.

Be Sure You Trust Your Austin Divorce Attorney

There are many websites which provide information on Texas divorce guidelines, but often research is not a substitute for meeting with a professional to handle your divorce. Call the Austin divorce attorneys of Nunis & Associates at 512-236-9696 or by fill out our web contact form.  We will help you understand Texas divorce laws and guidelines. Our firm offers a free initial consultation to discuss your divorce case.