What to Know About Family Law and Divorce Proceedings

Anyone wanting to divorce in Austin, TX will find themselves in conversation with the family law courts. Family law governs divorce proceedings, and a family lawyer in Austin with experience in the Texas Family Law Code can help you to get through each step of the process as smoothly as possible.

What to Know About Family Law and Divorce Proceedings in Austin, TX

Jurisdiction

The term “jurisdiction” refers to who has authority over any particular area of law. When it comes to divorce and marriage, the question is which courts actually have the authority to settle the divorce and make decisions about it.

In order for you to apply to any Texas court for a divorce, either you or your spouse must have been a Texas resident for at least six months. You will then usually file in the same county where you live. You can also file in the county where your ex lives if that is different, but one or both of you must have lived in that county for at least 90 days in order for that county’s family law courts to have jurisdiction over your divorce.

Grounds for Divorce

Texas allows seven different grounds for divorce, although functionally there are basically two groupings. That’s because one of the grounds for divorce – insupportability – essentially is a type of no-fault divorce. You and your spouse are saying that your marriage itself is insupportable because the two of you cannot get along, and there is no reasonable expectation of reconciliation.

The other seven grounds for divorce are all fault grounds. In other words, in your divorce proceedings, you are claiming that someone is at fault for this divorce. It’s always wise to ask your family attorney to help you decide the right grounds to ask for in a divorce. In some situations, even if one spouse’s behavior really did lead ultimately to the dissolution of the marriage, it can still be better for everyone involved to seek a no-fault divorce. In other situations, seeking a divorce on the basis of a fault – if that fault can be clearly proven – may cause the court to divide property or otherwise set the terms of the divorce in a way that favors the aggrieved spouse.

The seven fault grounds for divorce in Texas are adultery, cruelty, abandonment, felony conviction, living apart for at least three years with no intention of reconciling, or one spouse being confined to a mental for at least three years and with no reasonable expectation of being released.

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Community Property

Texas is what is called a “community property state.” This means that the law considers all property acquired by either one of the spouses during the course of the marriage to be owned by both spouses. There are only a few exceptions here, such as property that was owned before the marriage or specific inheritance that was given just to one spouse. These generally remain separate, unless the separate property has been mingled with the community property (for example, if one of the spouses uses their inheritance to invest in a business which both spouses owned and contributed to).

Forms and Terms

There are many different forms that have to be filled out, and correctly, to get a divorce. There are specific forms for divorce depending on whether children and/or property are involved or not. Some of the terms that you are likely to encounter during the course of your divorce include the following:

• Petitioner: the spouse who files for divorce
• Respondent: the other spouse
• Service: the process of officially notifying someone that you are initiating divorce proceedings
• Default divorce: when the petitioner has filed for divorce and properly served the respondent, but the respondent has not replied. The court will issue final divorce orders without the input of the respondent.
• Agreed divorce: a divorce where both parties agree on all issues related to the divorce, including child custody, support, asset division, etc.
• Conservatorship: the term Texas uses to refer to what is commonly called “child custody”
• Spousal support: the term Texas uses to refer to what is commonly known as “alimony”

Child Custody Issues

As mentioned above, Texas uses the term “conservatorship” to refer to child custody. Conservatorship refers to the right to make decisions about major issues in the child’s life, such as where they go to school, their medical care, what their religious training may be, etc. This type of conservatorship can be sole or joint, depending on the situation, though in most cases Texas courts prefer joint conservatorship and having both parents continue to have a say in their child’s life unless there is some compelling reason why one of the parents should not be allowed this privilege and responsibility.

The term “possessory conservator” refers to the parent who has physical custody of the child. There can be a sole possessory conservator or joint possessory conservatorship. It’s important to understand that conservatorship and possessory conservatorship do not necessarily go together. Even if a parent has sole physical custody of the child, this does not mean that they have the right to be the sole decision maker in the child’s life unless the court has specifically denied conservatorship to the other parent.

Property Division

Texas law aims for equity, not equality when dividing marital property. In other words, often there will not be a 50-50 division of property. Instead, the courts attempt to achieve what the law calls “a just and right” division of the community property.

The court will take into consideration the financial needs of both parties, the ability of both to make money, how long the marriage lasted and the contributions that each party made to the marriage, the behavior of both parties during the divorce, child custody concerns, and fault – if there was fault – in the marriage breakdown as it makes these decisions.

Spousal Support

Spousal support, often called alimony, is not a given in the Texas family law code. It is only awarded where there is serious economic disparity between the two spouses, most often in situations where one spouse has sacrificed a career or never trained for a career in the first place in order to manage the house or support the other spouse in their business or career goals. The goal of spousal support is always to get the receiving spouse on their feet and able to fully support themselves.

A Family Law Attorney

Having a family law attorney is always a wise choice when you’re divorcing. An experienced Austin divorce attorney will be able to help you understand exactly what paperwork is required in your case, make sure that it is filled out properly so that you can properly place before the court all your goals, and act as a go-between to negotiate with the other spouse.

A lawyer can help to dig up property that a spouse may be hiding from asset division, help the victims of domestic abuse or violence get protective orders, and help a spouse negotiate modifications to their divorce orders if that should be necessary.

If you are considering a divorce, the Evans Family Law Group in Austin, TX is an exclusively family law practice with years of experience in protecting Austin’s families. Contact us now for a free consultation.