Getting a Divorce in Austin, Texas

When you’re in need of an Austin divorce lawyer, Goranson Bain Ausley offers experienced and compassionate representation to help you navigate the entire divorce process. From Allendale to Zilker, Barton Creek to Mueller, and all of the areas in between, our local Austin family lawyers are committed to providing clarity about what comes next, and confidence that your future interests are more secure.

About GBA Family Law

Divorce and family law matters involve a series of complex and personal decisions. An Austin divorce attorney from Goranson Bain Ausley can help you make choices that best reflect your priorities and reach the ultimate goals for your legal issue. We know that to best represent our clients, our job is to listen and ask the right questions so we can bring you to the other side of divorce intact and ready to begin a new chapter in your life.

At Goranson Bain Ausley, we offer over 40 years of experience in achieving strategic, constructive, and ethical resolutions. Each family law attorney in our Austin, TX office holds no priority higher than securing your family and future. In family law matters, when you work with an Austin divorce lawyer at Goranson Bain Ausley, our team will always work to keep your best interests at heart.

Divorcing with Children

For families with children, divorce can be a particularly difficult and trying experience. Our Austin divorce lawyers have the expertise in child custody, support, and visitation rights that allows us to acutely understand the unique needs of divorcing parents who wish to protect their children from the negative aspects of divorce whenever possible.

Is Texas a No-Fault State?

Texas is a “no-fault” divorce state, which means that you do not have to prove fault in your marriage for the Court to grant a divorce. The petition will simply state that the marriage has become insupportable and that no possibility for reconciliation exists. Texas law also provides for fault-based divorces, such as adultery or cruelty.

If you believe there is a reason for you to pursue a fault-based divorce, consult an Austin divorce attorney as soon as possible to discuss the pros and cons of filing for a fault-based divorce.

Beginning the Divorce Process

The divorce process starts with filing a document entitled “Original Petition for Divorce” with the court in the county where one of you resides (Travis, Williamson, Bastrop, Caldwell, Hays, or any of the other surrounding Austin area counties). The party who files the divorce is called the petitioner and the other party is the respondent unless the parties choose to file together as joint petitioners.

To be eligible to file a divorce in Texas, either party must have lived in the state for at least six months and have been a resident of the county in which the suit is filed for the preceding 90-day period.

If children were born to or adopted during the marriage, a “Suit Affecting the Parent-Child Relationship” is included in the Original Petition for Divorce.

How Can An Austin Divorce Attorney Help With What Happens Next?

After filing the Original Petition for Divorce, the petitioner must serve the respondent. A third party, such as a law enforcement officer, can also serve the respondent. Once the respondent is served, they have the opportunity to file a response. If the respondent agrees with the petitioner’s demands, then the parties can draft an agreed or uncontested divorce agreement.

In an “agreed” or uncontested divorce, both parties agree on how to handle the divorce and draft an agreement detailing the terms, which they both sign. A judge then approves the agreement and finalizes the divorce.

If the parties disagree on how to handle the divorce, they can try and use an out-of-court method, including negotiated divorce, collaborative divorce, or mediation, to resolve their differences.

When a negotiated, collaborative, or mediated divorce is not possible, the only option is to pursue the divorce in court using litigation. In a contested divorce, a judge will listen to each party’s case and determine an equitable arrangement on their behalf, drafting a divorce decree they then sign and finalize.

The Bottom Line

Divorce is one of life’s most stressful, emotional events. From confusion and anxiety to hurt, anger, and even a desire for revenge, making thoughtful, sound decisions during such a tumultuous time can be challenging. The experienced divorce attorneys in the Austin branch of Goranson Bain Ausley can help you decide what’s truly important and make the right decisions that will benefit you and your family’s immediate and long-term well-being.