Austin Divorce Attorney

When you have made the decision to end your marriage the first step is to choose an Austin divorce attorney. Your divorce attorney will answer your questions and be by your side to guide you through the entire process from start to finish. In Texas, one or the other spouse may file a petition with the court to dissolve the marriage. There is a 60 day waiting period that you must follow once you file the petition.

The Divorce Process in Austin

Either party may be the first to file for divorce. In Texas you can obtain a no-fault divorce based on insupportability or living apart for a period of three years. You may alternatively file for divorce based on grounds such as adultery, cruelty and abandonment, among others. Your Austin divorce attorney will assist you in determining the best option to choose when filing for divorce. In general, the easiest and least complicated option is a no-fault divorce.

The spouse who initiates the divorce and files the petition is known as the petitioner and the other spouse is the respondent. The respondent has a limited time to respond to the initial petition. In some cases where the parties are in agreement they may waive the requirement to serve the other with notice of the divorce. A party may request a temporary restraining order that specifies how assets are to be handled while the divorce is being finalized. This can eliminate the fear that one party will take all of the money or assets before the divorce is complete.

Resolving Problems in a Divorce

Both spouses are entitled to the money and other assets that were acquired during the marriage. This property is known as marital assets. The discovery process allows your Austin divorce attorney to learn about any other assets that might be hidden. Both sides need to share financial information so that an equitable settlement can be reached.

You and your spouse will need to come to a divorce settlement agreement with help from your Austin divorce attorney. The agreement will outline exactly how your property and assets will be distributed, how debts will be paid and whether spousal maintenance will be provided. It will also detail important decisions about the children including where they will live, how visitation will take place and how child support will be paid. These and other important matters are all addressed in a divorce settlement agreement.

If you and your spouse are unable to come to an agreement as to the settlement terms you may need help from a mediator. The mediator will assist in the issues that are in dispute so that a fair resolution can be obtained. The divorce settlement is included in the divorce order and becomes part of the legal obligations and requirements. Although ending your marriage isn’t easy, it can be less stressful with help from a compassionate divorce lawyer. Capps Law Firm is dedicated to providing you with the legal assistance you need during this difficult time. Learn more about our services by visiting our website at


Capps Law Firm, PLLC
(512) 338-9800
7718 Wood Hollow Dr #205, Austin, TX, 78731

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Kelly J. Capps is licensed in Texas, Virginia, and Washington, D.C. and is Board Certified in Family Law by the Texas Board of Legal Specialization.Virginia and D.C. do not offer certification in family law and have no procedure for approving a certifying organization, Capps Law Firm, PLLC, serves clients in Austin, Round Rock, Cedar Park, West Lake Hills and elsewhere in Texas.