DivorceAttorneyInAustin.com

Divorce cases in Austin, like many divorce cases in Texas, usually start when a divorce petition if filed by the divorce attorney representing the party bringing the divorce. The petition for divorce is a formal legal document that contains background information (such as when the marriage and separation occurred and the names, ages, and social security number of any minor children), states the reason a divorce is desired, and requests relief (including child custody, property division, and other matters). Typically, the information contained in the petition is obtained by the divorce attorney when the attorney and client meet to discuss the background facts of the marriage and the reasons for divorce. The petition should be filed in the court in the county where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in the State of Texas for at least six months. A good divorce attorney in Austin like Carl Selesky, will usually spend at least an hour or more in the initial consultation to make sure they have a thorough and accurate understanding of the history of the parties. The client usually derives a great benefit in the divorces since much of this information is obtained during their free consultation with Mr. Selesky. It is always a good idea to gather relevant financial records (income tax returns, pay stubs, checking and savings account information) so that the divorce process can start smoothly and the client can provide information for their divorce attorney.

A divorce in Austin, and Texas in general, may be granted upon different grounds. Most divorce attorneys will tell you that the majority of divorces are granted without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. While this sounds complicated, a good divorce attorney in Austin will tell you what this means is that you can file for a no-fault divorce in the State of Texas. A divorce may also be granted for adultery, abandonment, cruelty, imprisonment, conviction for a felony, living apart, or confinement in a mental hospital. A good Austin family lawyer like Carl Selesky should go over the different reasons for a divorce during your initial consultation.

Typically, after the client engages a divorce attorney, the divorce petition is filed and it must be served on the non-filing spouse. However, if the non-filing spouse waives service of the divorce petition in writing, service of the divorce petition is not necessary. The party against whom the divorce petition is directed has the right to answer the petition and file a counterclaim. The answer must be filed with the family court on the Monday following the expiration of 20 days after service of the divorce.

If a divorce is not agreed, after a divorce is filed, either divorce attorney representing the court can make temporary orders that will control the family situation while the divorce is pending. These orders might include such things as

(1) orders for counseling;

(2) orders enjoining one or both parties from committing acts of violence or harassment;

(3) orders enjoining one or both parties from disposing of, hiding, damaging, or mortgaging property;

(4) orders enjoining one or both parties from creating debt;

(5) orders providing for temporary custody of and visitation with children;

(6) orders for temporary support of children and spouse; and/or

(7) orders concerning the possession and use of property.

A divorce cannot be finalized by the court until the divorce petition has been on file with the court for at least 60 days. The best way to understand these issues is to consult with Carl J. Selesky, or other Divorce Attorneys in Austin about your problem.