Can Austin Texas divorce lawyers assist with divorce actions and agreements?
Individuals seeking divorce must keep in mind that complexities can arise out of the division of assets, financial responsibilities, and time with children and keeping the family home, requiring the professional services of divorce attorneys. A Austin Texasdivorce attorney can guide individuals with straightforward divorce actions that may minimize attorneys’ fees, and other instances where costs of a divorce a hurdle to moving forward for both parties.
Austin Divorce attorneys can assist individuals who need family law legal counsel. An attorney with years of experience can be valuable to individuals undergoing divorce actions and life changes that follow. Divorce is one of the most stressful life events according to the Holmes and Rahe stress inventory scale. A family law lawyer can provide legal solutions that may anchor divorcing individuals as they adjust to changes that divorce and child separations may cause, including harmful impacts to finances that may involve losing a family home, and emotional matters involving children.
Austin Divorce actions.
Divorce actions can be time consuming and cause emotional and financial battles that require professional support from Austin Texas divorce lawyers. In most states, a person can file for divorce in Austin if they meet the basic state requirements.
Residency. At least one party to the divorce action usually must prove they were a resident of the state for a specified amount of time before filing for divorce.
No fault. Parties to a divorce may want a no-fault divorce and the courts will recognize either “incompatibility of temperament,” or “irretrievable breakdown” as the cause of the divorce. Testimony from one spouse is most often sufficient to determine incompatibility and proceed with a divorce.
Fault. A fault divorce action can be more effective in favorable settlement outcomes for the non-fault party in cases that address certain fault actions to include:
- Felony conviction
- Willful abandonment
- Confinement to a mental hospital
- Habitual drunkenness, drug use, or addiction
- Both parties living separately for a period of time before formal divorce action
- Physical or sexual abuse upon the petitioner, or child(ren) of a divorce action
Separation. It is not necessary to file formal paperwork to begin a separation in some states, but one of the parties to the marriage will need to move out of the family home in most cases. Couples may draft a separation agreement to make it easier when divorce proceedings begin.
Complete paperwork. The complaint document is usually drafted by an attorney and is considered the initial first step to end a marriage, other terms for the divorce must be put in writing and agreed to by divorcing parties, referred to as a “marriage settlement agreement.” A copy of the agreement will then need to be filed with the appropriate court’s office where the divorce proceeding is filed and parties should keep appropriate copies for backup and spousal service.
Service. Proof of service is a requirement of a divorce proceeding in most states and can be accomplished through personal delivery, first class certified with return receipt, sheriff, or constable service, and when a spouse cannot be located, through publication in a local newspaper for a specified amount of time without response in accordance with state laws.
Austin Divorce with children.
Divorce attorneys can assist with child custody and support filing distinctions when children are involved, including child support information sheets; support income affidavits; child support forms; and a child support guideline notice of compliance.
Austin Parental education.
Some courts have the right to require divorcing parents with minor children to complete a parenting class before granting a divorce. A family law judge may have discretion and require divorcing parents to take a parenting class.
Austin Child custody.
Texas Divorce lawyers can clarify child custody laws, as they pertain to both parents’ legal responsibility to children. Legal battles involving custody are best addressed with an experienced child custody attorney, as the outcomes can be devastating to both parents and children.
Physical custody – custody that is in the best interests of the child, considering a multitude of factors such as age, parental preference, mental and physical health of parents, child’s community, school, and home environment; parental history of violence; relationship with child and moral standing. Custody lawyers’ expertise is a vital element of successful custody outcomes for divorcing parties.
- Austin Visitation – a parent not granted custody, or joint custody of a child is entitled to reasonable visitation rights unless the court finds after a hearing, that visitation would not be in the best interest of the child.
- Austin Family violence impact – in cases involving a history of committing family violence, or domestic abuse, including sexual abuse, a custody attorney can be instrumental in a court’s determination of custody awards, or visitation in accordance with state laws regarding family violence.
- Austin Marital settlement agreement – a formal agreement between the divorcing parties spelling out agreed upon terms regarding child custody, finances, dependent care, shared visitation, and expenses.
Austin Financial matters.
- Alimony – financial support to a divorced party from their former spouse, usually the main financial provider of the marriage, by order of the court to maintain stability for the non-working spouse.
- Child support – financial support based on parental income that will cover living expenses related to childcare, insurance costs, education, and extracurricular activities of children. A divorce attorney can go over the Child Support Guidelines of the state that need to be completed by both parties to the divorce to clear up disputes regarding transparency of income and assets. Financial support requests and problems can be handled with the assistance of Austin Texas divorce lawyers..
- Distribution of marital assets/liabilities – Courts will encourage both parties to the divorce to come to an agreement about asset and liability distribution and if an agreement cannot be made, the court will intervene.
- Emergency support – financial support for separated spouses before the divorce can be finalized on spousal/child support matters.
Hire a Austin divorce lawyer.
Individuals should consult with an experienced Austin divorce attorneys with questions surrounding Austin Texas family law issues, to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.