How to File for a Divorce in Bastrop and Austin
The start of the legal divorce process is relatively straightforward so long as you follow the required steps. While the initial petition for divorce can be filed without an attorney, most people getting a divorce will need legal advice or representation before agreeing to the terms of the divorce. Our family law lawyers at Anderson & Anderson have spent decades filing, negotiating, mediating and settling divorces of all kinds. We are ready to jump in at any stage of the divorce process and tailor our knowledge and experience toward helping you achieve the best outcomes possible given your particular circumstances and priorities.
When can you get a divorce in Texas?
You can file for divorce in Texas without having to prove that either spouse is to blame for the marriage’s end. This is known as a ‘no-fault’ divorce. Divorces can also be filed on other grounds such as abandonment, adultery, conviction of a felony, or cruelty . To file for divorce in Texas, you or your spouse need to have lived in Texas for at least six months, which must include at least three months in the particular county to which you sent your petition for divorce.
How to File for Divorce in Texas
The first step in filing for divorce is drafting a petition for divorce which you then give or send to the county’s District Clerk office along with two extra copies and a filing fee. The request needs to have your information as well as your spouse’s, in addition to your children, marital property and the grounds for divorce (for a no-fault divorce you can write ‘insupportability’ as the reason for divorce). Next, you will need to formally notify your spouse that the petition for divorce is filed. You can hire a process server to deliver a copy of the petition and to provide them an affidavit (a sworn and signed statement) proving that your spouse received notice.
Alternatively, your spouse can themselves confirm that they have received the divorce petition in any other way, which removes the requirement for a server’s affidavit by granting you a ‘waiver of citation’. The final step is to prepare and present a divorce agreement that details the terms of divorce including how you and your spouse will split child custody and marital property. You will need to work with your spouse or their representatives to finalize every detail of this agreement and this may involve a lengthy process of negotiation and divorce mediation. If an agreement is reached, it will be approved by a judge as a no-contest divorce so long as both sides agree to it.
If you cannot agree or if the divorce involves trickier problems, such as the custody of minor children, it will become a contested divorce and may end in a trial where the family law court will determine the terms of the divorce.
Are you filing for a divorce in Bastrop or Austin?
Even if your divorce seems simple and straightforward, it is highly recommended that you consult a specialized divorce lawyer to ensure that you get everything right from the very beginning, as mistakes or oversights can lengthen the process or make it harder to settle the divorce in the long run. Our family law attorneys at Anderson & Anderson specialize in divorces of all kinds.
The lawyers at Anderson & Anderson serve clients in Bastrop, Austin and surrounding areas.
Filing for divorce affects your future and that of your children, so you cannot settle for less than the ideal terms of the divorce or the exemplary legal representation. Whether you are just beginning the divorce process, have already filed your petition for divorce or have a divorce agreement already drafted, our family law firm can help you to file for divorce and to settle your divorce in the best manner possible.
Call Us Today at (512) 581-9099 for Quality Legal Representation You Can Count On!
Anderson & Anderson Law Firm
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Bastrop, TX 78602
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