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Austin Divorce-The Basics

If you are thinking about getting a divorce in Texas, you must first file a Petition for Divorce with the court setting forth the grounds for the divorce and you must support your petition by showing evidence for those grounds.

The grounds may be no fault or fault. The Petition must also be served and delivered to your spouse by a process server, who can be a sheriff or private process server. Your spouse will have a certain number of days to respond. Each county also has local rules that must be complied with.

There is a 60-day waiting period from the time the Petition is filed with the court until the divorce decree is issued and the divorce is final. This is sort of a ?cooling off period.?

There are many issues that will be worked out during the divorce. It depends on your unique situation, but some common themes to be decided are the award of child support, child custody, how property is divided, whether a party is entitled to spousal support and many more issues.

For a divorce in Austin, Texas, there are really two grounds: one is the fault divorce, and the other is the no-fault divorce. Texas is a no-fault state, but parties may allege fault. A no-fault simply means that the "marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." This basically means that it's neither parties' fault, but that the marriage cannot continue.

So any reason or no reason at all is grounds for divorce. But, there are times when a party may want to allege fault to try and better position your case. These fault grounds are:

Mental cruelty; Adultery; Imprisonment or conviction of a felony, Imprisoned for at least one year for a felon and has not been pardoned; Abandonment whether intentionally or remained apart for at least one year; Living Separate and apart without cohabitating for minimum of three years; and insanity and confinement to a mental hospital.

Eric Willie is known as a top divorce attorney in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.

By: Eric M. Willie

For more divorce articles, FREE information and access to the lawyers who can help you win your case, visit Divorce Lawyer, Austin today.

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