Dissolving a Marriage

A dissolution of marriage (the legal term for divorce) can be profoundly emotional and overwhelming.  You should understand the fundamental laws before proceeding.  Texas is a “no-fault” divorce state, which means the parties are not required to prove fault.  The only basis required is that “[t]he marriage has become insupportable due to discord or conflict of personalities that destroy the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”  This simply means that the spouses clash, the marriage is beyond repair, and reuniting is hopeless.

If you or your spouse are contemplating a dissolution, you should first confer with one of Nunis & Associates’ seasoned Austin Family Lawyers regarding the various complex issues associated with divorce, including child custody and child support if you have children, dividing assets and debts, and spousal maintenance.

Understanding the Dissolution Process and What to Expect

Filing the Original Petition for Divorce, Citation, and Decree of Divorce with the court commences the dissolution process.  The filing party is the “Petitioner”; the other party is the “Respondent.”  The Petitioner must meet the residency requirements before filing: either Petitioner or Respondent must reside in the county where the Petition is filed for at least 90 days.

Once the appropriate documents have been filed and conformed (court-stamped), they must be formally and properly served, or delivered, to Respondent.  Once served, the Respondent must file an Answer to the Petition. If Respondent fails to do so, Petitioner may seek a Default Judgment, which is a judgment the court enters against a party who fails to respond to or defend an action against him/her.

If the parties agree on all the issues, e.g. custody, support, and property division, the dissolution process is shorter and more cost-efficient. However, if the parties disagree on any issue, as frequently occurs, the process is delayed and more costly, particularly if trial becomes necessary.  When a case goes to trial, the process leading up to trial is called “discovery.”  During the discovery phase, the Austin Family Lawyers are gathering evidence regarding the outstanding issues to present at trial.

Our firm’s objective is to successfully represent your best interests at all stages of litigation, including settlement negotiations, discovery, and trial, if necessary.

Practical Divorce Guidelines

Austin Family Lawyers will address the necessary legal issues associated with the dissolution; however, divorcing spouses’ conduct greatly affects the process.  Nunis & Associates’ Austin Family Lawyers  offer the following advice to divorcing spouses:

Dos:

• Maintain meticulous financial records
• If you have children, place the children’s best interests first
• Be amicable toward your spouse
• Be patient; every case is different depending on whether the parties agree on issues; the minimum time frame to finalize a divorce is 60 days
• Be honest and forthcoming with your attorney
• Understand the distinctions between community property and separate property: community property – property, including earnings, acquired during the marriage; separate property – property acquired prior to the marriage and after separation, and property received from an inheritance

Do Nots:

• Do not conceal, sell, or otherwise transfer any community property while the dissolution is pending without consulting your lawyer
• Do not let your emotions distract you from addressing the legal issues; stay focused
• If you have children, do not disparage your spouse to the children

How Divorce Really Works

You should not approach your divorce trial with the expectation that the presiding judge is automatically going to give a decision in your favor and mete out punishment to your spouse. It is the purpose of the court to resolve all disputes by giving the judge authority to decide those issues where you and your spouse cannot agree. Discuss with your Austin family lawyers how to best obtain what you desire from the divorce.

Retaining Austin Family Lawyers

Dissolving a marriage presents complicated and stressful issues, including custody, support, and dividing assets and debts.  Our firm’s Austin family lawyers possess the requisite experience, knowledge, and skill to address all of those issues and more.  Nunis & Associates will provide you with superior representation and support at every stage of your dissolution.

Please contact Nunis & Associates at (512) 236-9696 to confer with one of our firm’s Austin Family Lawyers  to discuss your dissolution.