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Austin Divorce Attorneys

Stinson Moyle, PLLC, specializes in Texas family law and their lawyers have the experience required to expertly guide you through your divorce proceeding. Divorce is a challenging time filled with raw emotions. Having to deal with super-charged emotions in addition to navigating the legal process can be overwhelming. Whether you need a skilled negotiator or an expert litigator, our attorneys are experienced advocates that will protect your interests while remaining understanding and responsive to your needs.

The Divorce Process in Austin Texas

Once an Original Petition for Divorce is filed with the court, you become known either as the Petitioner (the spouse who filed the Petition to start the proceeding) or as the Respondent (the spouse who was served with the Petition and responds to it or answers). Provided you have lived in Texas for at least six (6) months prior to filing for divorce, the Petition is filed in the county where you or your spouse have lived for at least ninety (90) days.

No Fault Divorce v. Grounds for Divorce

The state of Texas allows for "no-fault" divorces based on what is called "insupportability" and most divorce cases are granted on insupportability. However, other fault grounds for divorce also exist such as cruelty and adultery and Courts may take fault grounds into consideration when determining how to divide the marital estate. If you are still considering your options and have not yet filed for divorce, our attorneys can assist you in evaluating whether there is any advantage to alleging one of these fault grounds in your Petition. 

Temporary Orders

After a Petition has been filed, the court may render temporary orders at the request of one of the parties. These orders may address possession and use of property--including which party can live in the marital residence while the divorce is pending, temporary support for one of the parties, temporary parenting plans for the children, and temporary child support.

Divorce Waiting Period

In Texas, the Court cannot grant a divorce until the Petition has been on file for at least sixty (60) days. During this time, the parties can exchange information through discovery and attempt to reach an agreement through informal settlement or by participating in mediation. If the parties cannot resolve their case, then contested divorces will proceed to final trial at which time a Court will determine all issues that remain in dispute between the parties.

Division of the Marital Estate

Texas is a community property state. Therefore, all assets and liabilities are presumed to be community property. The community estate must be divided upon divorce. While most people mistakenly believe that it will be a 50/50 division, the Texas Family Code actually states that the court must make a "€œjust and right"€ division of the marital estate. In many cases, this is a relatively simple undertaking. However, some cases are more complicated and involve issues regarding characterization and valuation of specific assets. See Complex Property Division for additional information on how your Austin property will be divided.

Susannah A. Stinson and Rachel Moyle are Texas board-certified divorce attorneys ready to assist Austin residents throughout your divorce proceedings. Contact us today to learn how our experienced and dedicated advocacy can benefit you in your divorce.

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The Capitol Center, 919 Congress Avenue, Suite 550, Austin, TX 78701
| Phone: 512.320.9070

Practice Areas Overview | Divorce | Complex Property Division | Collaborative Divorce | Mediation | Child Custody | Child Support | Modification of Prior Orders | Enforcement of Orders | Alimony | Paternity | Prenuptial and Postnuptial Agreements | Grandparents' Rights | About Us

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