How Does a Divorce Start?

Austin Divorce Lawyer

To begin the divorce process, one party needs to file an Original Petition for Divorce in the appropriate county. Zinda & Davis PLLC represents clients in Williamson, Dallas, Denton, Collin, Travis, Hays, Caldwell, Bastrop, Guadalupe, Caldwell, and Milam counties. Texas law requires that you be a resident of the state of Texas for 6 months and a resident of the county for 90 days prior before you can file for divorce. The next step is serving the opposing party with the Original Petition for Divorce.

Have you been served with a petition for divorce?

If so, please contact an Austin divorce attorney immediately so that the attorney can file an answer or Counter petition for Divorce before any legal deadlines expire. If you do not file an answer within the appropriate deadlines, Texas law allows a default judgment to be granted against you.

Filing for divorce in the appropriate county starts the countdown towards the date that you can be divorced. Texas law provides for a mandatory 60-day waiting period between the date of filing and the date the Court can grant your divorce. While you wait for this period to expire, there may be important issues that arise that need to be immediately addressed. What can you do during this time period? If you have issues that need to be addressed by the Court immediately involving child support, property issues, or spousal support, Temporary Orders are the remedy. Temporary Orders are rules that are set in place by the Court that govern your children and property until your divorce is finalized. Temporary Orders may be appropriate in the following situations:

• If your spouse is trying to kick you out of the house
• If your spouse is attempting to kidnap your child
• If your spouse has shut off the electricity and/or utilities to your house
• If your spouse is liquidating your assets in anticipation of a divorce
• If your spouse has abused you or your children

Community Property vs Separate Property

When a family decides upon divorce, they must figure out how to divide their assets and property. There are several types of property, and these include community property and separate property. Community property is anything that you and your soon to be ex-spouse have acquired during the marriage, while separate property is anything you have come into possession on your own or before the marriage. To find which properties you will be entitled to keep after divorce, please talk to an Austin divorce lawyer immediately. Click here to continue reading more about community property.

For more information and to find out how you can get started on the divorce process, please contact an Austin divorce attorney at our office today.