Austin Divorce Attorney
Austin Divorce Attorney Overview
- Why You Need a Skilled Austin Divorce Lawyer
- How Do Texas Community Property Laws Work?
- Find the Help You Need Near You
- Navigating Child Custody and Support in Austin
- Legal Solutions for Life's Challenges
- Frequently Asked Questions
- The Difference Between Contested and Uncontested Divorce
- Meet Our Attorneys
- How Our Austin Divorce Lawyer Can Help
- Expert Strategies, Industry Trends, & Firm News
There is a myth about divorce rates that half of all marriages end in divorce. That might have been true back in the 1990s, but it’s no longer the case as divorce rates have dropped significantly across the country. Here in Texas, the rate is roughly 2 out of every 1,000 marriages end in divorce. That’s good news for families.
Of course, there are some marriages that, once broken, can’t be fixed. The best course of action for the couple and their children is to file for divorce, resolve the issues, and move on. In some situations, that is easier said than done.
When there are issues regarding the division of assets or child custody, you need the support of an experienced Austin divorce lawyer to protect your interests. The attorneys at Davis & Associates are very familiar with all the Texas divorce laws. We have helped many divorce couples reach equitable agreements that allow them to get their lives back on track and protect their financial future.
Even with an amicable divorce, you’ll want to talk with Davis & Associates.
Why You Need a Skilled Austin Divorce Lawyer
There’s no escaping the reality that divorce can create emotional strain that has a ripple effect across your family. It can also create upheaval with your decision-making process that can lead you to miscommunicate your needs and create further complications. A skilled Austin divorce lawyer can provide the guidance you need to stay focused on for a positive outcome.
When you work with the family law attorneys at Davis & Associates, you’ll have an advocate who will put your needs and those of your children first. Our guidance can help you create a sense of stability and reassurance.
We also handle the difficult conversations you might need to have with your spouse and their legal team. The decisions you need to make for your divorce filing will have lasting effects on finances and family relationships. That is why every decision you make needs to be an informed one. We can help get you there.
How Do Texas Community Property Laws Work?
Texas mandates a waiting period of 60 days to finalize your divorce. That waiting period allows you to process what this divorce is going to mean to you and your children. It also allows you to work out all the issues that need to be resolved, starting with the division of your assets.
There are very specific laws about community property. You first have to establish the difference between community property versus separate property. Once an asset is determined to be “community,” a determination has to be made about who gets the asset. Texas takes the approach of a “just and right” split, rather than a direct 50/50 split. That allows room for negotiations. It can also create contentious issues that need to be worked out with your attorney and your spouse’s lawyer.
First, you need to understand the difference between community property and separate property. The line is drawn between what was bought or earned after the wedding and what was bought or earned before the wedding.
Community property Includes:
- Family home
- Vacation home
- Cars
- RVs
- ATVs
- Furniture
- Art
- Appliances
- Electronics
- Retirement accounts
- Joint and individual bank accounts
Separate property would include any of the same items on the above list if they were bought before the marriage. It also includes individual gifts, inheritances, or specific personal injury awards.
If you want to declare an asset is separate, you have the burden of proof to provide clear evidence of when it was purchased or earned. It is important to remember that anything you commingled after the marriage is considered community property regardless of whose name might be on a title or receipt.
Dividing debt that was incurred during the marriage also has to be considered as part of the property settlement. These debts can be shared regardless of who did the spending.
When you begin the divorce filing process, your attorney at Davis & Associates will consider the full scope of the community and separate property. There might be particular items that you want to keep or debt you don’t feel you should pay for. Those can all be negotiated because your spouse will undoubtedly have their own list. Compromise is key for reaching an equitable divorce settlement.
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Navigating Child Custody and Support in Austin
Divorce means everyone in the family will have to make changes. That is especially true for your children, who will now be dividing time between you and your soon-to-be ex. When discussing matters of child custody and support, your family court judge will remind you to work towards an agreement that is in the best interests of the child.
Sometimes it is hard to stay focused on that guiding principle. The attorneys at Davis & Associates understand how important it is to create a sense of normalcy for children and establish a sense of stability.
As you navigate through your divorce, you’ll begin to hear the word “conservatorship.” This is what Texas family courts use to refer to custody. These are the three conservatorship classifications you can decide on.
Joint Managing Conservatorship (JMC): Most parents choose this option as it allows them to share in the major decision-making around issues such as medical care, school choices, and religious upbringing. Even though you can enter into a JMC, it doesn’t automatically mean that the time spent with the children is split equally between the parents.
Sole Managing Conservatorship (SMC): With this arrangement, one parent gets exclusive decision-making rights. Typically, a SMC is set up if there is a history of abuse, neglect, or substance addiction.
Possessory Conservator: This is designated for the parent who does not have primary legal or residential decision-making control but retains specific court-ordered visitation rights.
With regard to the physical custody and visitation schedules, these also have to be agreed to by the parents and signed off by the family court judge. These are the templates that you can use to create your schedules.
Standard Possession Order (SPO): This is the default Texas schedule for children age three or older. It gives the non-primary parent the 1st, 3rd, and 5th weekends of a month, Thursday evenings, alternating holidays, and about 30 days in the summer.
Modified Possession Order: Parents can create their own customized schedule such as 50/50 shared possession or week-on/week-off. Whatever that schedule is, it would become a court order, so the details need to be specific.
Supervised Possession Order: With this order, a responsible adult or independent agency needs to be present during visits with the parent. This applies in extreme situations where the child’s physical health or emotional welfare might be at risk.
The issue of monetary support often becomes a major point of disagreement among divorcing couples. If they can’t come to an arrangement worked out by their attorneys, the court will make a decision based on the following factors:
- Income of both parents
- Number of children
- Age and health of the children
- Educational needs of the children
- Childcare and health care needs
- Ability of both parents to provide for the children
On some level, the amount of money designated for one parent to pay child support should not be drastically different from what they were paying before the divorce. The difference is that it happens as a single payment as opposed to paying for things throughout the month.
When you work with Davis & Associates to create your custody and support arrangements, we will strive to make sure the children’s needs are met without creating financial hardships.
- Family Law
- Child Support
- Child Custody
- Fathers Rights
- Divorce Mediation
- Asset Division
Find the Help You Need Near You
In Texas, there is a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. However, contested cases involving complex property division or custody disputes typically take six months to a year or longer depending on the court’s schedule.
Texas is a community property state, but that does not strictly guarantee a 50/50 split. The law requires a ‘just and right’ division of community assets, which allows judges to award a larger share to one spouse based on factors like fault in the breakup or disparate earning capacities.
Many uncontested divorces in Austin can be handled with minimal court appearances, especially if both parties reach a full agreement through mediation. In some cases, a brief ‘prove-up’ hearing is required to finalize the decree, though some judges allow these to be handled via affidavit or Zoom.
The Difference Between Contested and Uncontested Divorce
As you enter into your divorce, you’ll have a lot of decisions to make. The first is whether you’re going to hold this as an uncontested or contested divorce. An uncontested divorce in Texas happens when both spouses agree on every aspect of their separation. They are in complete agreement over all issues related to property division, debt allocation, and any matters involving children. That also means agreeing on custody arrangements, visitation schedules, and child support.
When a divorce is uncontested, the entire process will be streamlined. There will be no “surprises,” and the spouses will know exactly what their future is going to look like. That is not to say that there won’t be negotiations and compromises. Still, if each party engages in open communications and fair exchanges, they can reach mutually acceptable terms that a judge will review and sign off on. An uncontested divorce reduces stress and costs.
On the other hand, a contested divorce means a protracted battle between the spouses. There will be disputes involving who should get the house and who should pay the debts. Unfortunately, in contested divorces, children are often caught up in disputes when there is tension over visitation and support. It will be hard to shield the children from the drama.
If the divorcing couple reaches an impasse, the family court judge has two options: Mediation or final resolution. With court-ordered mediation, the couple will present their needs to an independent mediator. That mediator will create a non-binding agreement. If the couple agrees, the divorce can move forward. If not, all of the issues will be presented to the judge for a final resolution. When that happens, there is no room for negotiation, and the judge’s ruling will be final.
No matter which type of divorce filing you might find yourself in, the attorneys at Davis & Associates can provide you with guidance and support. We’ll always put your interests and your children’s interests first.
How Our Austin Divorce Lawyer Can Help
You decide to file for a divorce because your marriage is broken beyond repair. In the moment of coming to that decision, there is relief knowing this is the best thing for your future. Then reality sets in, and you realize all the changes this will create in your life and your children’s. Having an experienced Austin divorce lawyer on your side can make the process more manageable while protecting what matters most to you.
At Davis & Associates, we understand that every family faces unique challenges working through a divorce. We take the time to understand your goals and develop a legal strategy customized to your specific needs.
Our attorneys guide clients through every stage of the divorce process. That begins with the initial petition filing and the start of negotiations. Our goal is always to find a path towards resolution. That means making compromises but not “selling out.” We work diligently to protect your parental rights and help resolve any potential disputes involving child support and spousal maintenance.
Throughout your case, we maintain clear communication so you always understand your options and can make informed decisions with confidence. We know how emotionally challenging divorce can be, and we are committed to helping you move forward with confidence while protecting what is most important to you and your family.
If you are considering divorce or have already been served with divorce papers, contact Davis & Associates today to schedule a consultation. Our team will provide you with much-needed answers to all your questions and lay out a plan that can help you see the light at the end of the tunnel. Let’s work together to get your life back on track.
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