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    Austin Divorce Lawyers Explain the Steps of a Divorce

    Austin Divorce Lawyers  Mother and son looking out windowGoing through a divorce can be a complex process, but you do not have to go through it alone. Our Austin divorce lawyers will be there to assist you every step of the way. Going through a divorce is a stressful experience that may take a physical and mental toll on you. Luckily your Austin divorce lawyers will be there to help you through the legal aspect of your case. While all divorces are different, there are several common steps that you can expect to be taken. Before each step, your Austin divorce lawyers will be sure to prepare you for what to expect.

    What Is a Divorce?

    A divorce is a legal process that ends a legal marriage. While it is possible to end a marriage on your own, it is not always recommended. Having your Austin divorce lawyers to consult you through the process will make it easier on you.

    Legal Separation

    Many couples who are thinking of divorcing will first go through a legal separation phase. This separation could also be a trial separation where both parties take time to consider which direction they would like to take in their marriage. In some states, your separation will be legally recognized by the courts. Your Austin divorce lawyers will file a petition for you with the courts for your separation to be recognized. Even if you are separated, both parties are still responsible for debts that were incurred together. Typically a separation agreement would be written up between the two parties that will protect both spouses as well as any minor children in the relationship.

    Filing a Petition for Divorce

    In order to being the divorce process, a petition must be filed with the Clerk of Court. Depending on what state you are filing in, the statutes and regulations will vary. In many states you may be able to file for divorce by citing “irreconcilable differences” or “incompatibility.” Your divorce attorney will know the process they need to follow in your state. A petition for divorce must be filed in the state that you live in. The person who files for divorce is known as the “petitioner.” The other party in the divorce is known as the “respondent.” The respondent will receive notification either by mail or in person that their spouse has filed for divorce. It is then up to the respondent to acknowledge to the court that they received the papers. The respondent will typically have 30 days to formally acknowledge the papers. A court date will then be set up after the respondent has been notified. Often times, court hearings for divorce cases are set for months in advance. In some cases, those divorce cases that have pressing issues may be granted a temporary hearing. Temporary hearings will cover issues such as child custody, spousal support, and child support. Any decisions that are made by the judge during the temporary hearing are binding. If a spouse does not comply with the judge’s orders then they can be found in contempt of court. If one party is found to be in contempt, they may face fines or even jail time.

    Discovery in Divorce

    In legal terms, “discovery” refers to evidence about either party that pertains to the divorce case is being collected. The discovery process can vary from state-to-state, however there are five basic steps in the discovery process:

    • Disclosures: Disclosure in a divorce case is governed by civil laws in your state. Each party’s divorce lawyer can request information from the other party. Once the party receives the list of items, they will then have 30 days to respond.
    • Admission of Fact: Each party will provide a list of facts about the other. The party that receives the list of items will then have to admit or deny truth to those items on the list.
    • Interrogatories: This refers to a list of questions that each divorce lawyer will send to the other party. Once received, each party has 30 days to respond.
    • Request for Production: This is a process that refers to each party collecting documents that pertain to the divorce case. These documents can consist of bank statements, income reports, or any other items that the divorce lawyers feel will benefit their client. This part of the discovery process can prolong a divorce. Many times one party will not want to disclose the information asked for.
    • Depositions: The deposition is the process of the divorce lawyer will take a sworn statement from the other party. This can include any witnesses as well. Whatever is said during a deposition is admissible in court.

    Oftentimes, divorces will go through a mediation process before going to divorce court. During mediation, both parties and their lawyers will meet together to see if they can come to an agreement. The divorcing parties will try to work out their issues in order to settle their divorce without having to go to court.

    Divorce Court

    If the two parties cannot come to an agreement during mediation, then they will need to go to divorce court. A judge will hear both sides and make the decision for the parties. After the judge makes their decision, the divorce agreement will be signed and the marriage dissolved. If one party does not agree with the decision made by the judge, they will be able to appeal it. The party will file a motion to appeal so that they may get a new hearing. If your motion to appeal is denied by the court, then you will go to the state appellate court to file another appeal. The Family Court system can be slow, but be patient with the process.

    Contact Austin Divorce Lawyers

    For an experienced professional, contact your Austin divorce lawyers from Nunis & Associates at (512) 236-9696. Nunis & Associates have the Austin divorce lawyers who will help you fight for what you deserve in your divorce.

     

     

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    (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.