Types of Divorce in Austin Texas

If you live in Austin and are thinking about divorcing your spouse, you should understand the different types of divorce in Texas that are available to you. Divorce and separation lawyers Nunis & Associates in Austin explain the differences and unique aspects of an uncontested, contested, and collaborative divorce.

Uncontested Divorce in Texas

A person seeking an uncontested divorce does not need to get permission from their spouse. If you and your spouse have lived apart for at least three years, that is a sufficient reason (called grounds) for the court to grant an uncontested divorce. Additionally, in cases where the divorce is amicable and sought by you and your spouse, an uncontested divorce will be granted. The couple will need to admit that there is no chance of reconciliation.

Contested Divorce in Texas

A contested divorce is more complicated and an Austin family lawyer specializing in separation and divorce should be consulted. A contested divorce will be granted for the following grounds:

• Abandonment
• Convicted of a felony or incarcerated
• Domestic abuse or violence
• Incurable mental illness
• Infidelity

You and your spouse will need to negotiate issues such as division of property, division of debt, child custody, child support, visitation, and spousal maintenance in a contested divorce. You both will have separate attorneys who will assess your needs for the future and prepare and file the paperwork required by family court. If children are involved, their best interests will be considered.

Collaborative Divorce in Texas

If you, your spouse, and your attorneys agree on the major divorce issues you will be able to file a collaborative divorce. A collaborative divorce is similar to mediation in that you and your spouse will negotiate your terms and come to an agreement without a court proceeding. The divorce agreement must be a truthful admission of your needs, in writing and approved by the court. You and your spouse can still enlist experts to help with the settlement, such as a financial professional, divorce coach, and child psychologist. Collaborative divorce will not work in cases of domestic or child abuse.

Contact an Austin Divorce Lawyer

If you are considering a divorce and would like experienced representation, call the Austin divorce lawyers of Nunis & Associates at 512.236.9696, or complete our quick contact web form and we will arrange a free preliminary consultation.