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Austin divorce attorney - Couple ArguingA threshold requirement for divorce in Texas is residency; that is, one spouse must have resided in Texas for at least six months prior to filing for divorce and for at least 90 days in the county where the divorce petition was filed. An Austin divorce attorney will explain that:

  • The petition for divorce may be filed in the county where either spouse lives
  • Notice must be given to the non-filing spouse, known as the respondent
  • The respondent has 21 days to answer after being officially served; if not the case may proceed as a default without the respondent’s presence.

Grounds for Divorce

Texas has both no-fault grounds for divorce as well as at fault divorce. As the name implies, no-fault divorce does not require either spouse to prove any behavior on the part of the other spouse. For this reason, an Austin divorce attorney reports it is most commonly used. Grounds for divorce based on the behavior or acts committed by one spouse include:

  • Cruelty
  • Adultery
  • Abandonment for at least one year
  • Lived apart for at least three years
  • The commitment of a felony with imprisonment for at least one year
  • Confinement to a mental institution for at least three years with little likelihood of improvement

If one of these grounds is proved, the court can and typically does consider that in issuing orders concerning child custody, child support, maintenance and property division.

Collaborative Divorce

Texas law permits couples to attempt to resolve the issues of divorce without judicial intervention, with the exception of the necessity of the court to approve the final agreement. An Austin divorce lawyer is permitted to assist each party in an attempt to reach a resolution.

Mediation or Counseling

Except in instances of domestic violence or abuse, the court is likely to strongly recommend or order counseling to determine if the parties are good candidates for a reconciliation and additional counseling or mediation if it is so determined.

Divorce Mediation Myths

Contact an Austin Divorce Attorney for Legal Advice

To understand your rights and responsibilities in any family law matter, call the experienced Austin divorce attorneys of Nunis & Associates at (512) 236-9696.

  • 801 West Avenue
    Suite 200
    Austin, TX 78701

    (512) 236-9696

    (512) 236-9695

  • Licensed to practice in Texas Courts, including all 4 Federal Districts of Texas. Primary practice in Central Texas: including Austin and Travis County, Georgetown and Williamson County, Bastrop and Bastrop County, San Marcos, Dripping Springs and Hays County.