Interested in Divorcing Your Spouse?
Call Austin Family Lawyer Jackson F. Gorski for help!
Ending a marriage can be a painful experience and can affect your social and professional life if not properly handled.
If you are planning to get divorced, at least you may get a consolation from the fact that you’re not alone. Estimates suggest that over 70,000 Texas residents divorce every year. About 50 percent of which are in their first marriages. Surprisingly, most divorces occur in January after couples have had a good time through the holidays.
No matter what has influenced your decision to terminate your marriage (including abuse and infidelity) the next best choice to make is to hire a good Austin family lawyer to guide you through the process.
If you’re ready to discuss whether divorce is the right option for you or ready to move forward, contact Attorney Jackson F. Gorski by phone at 512-960-4646.
Legal Separation
There is no legal concept for separation in the Texas family code. Therefore, if you are separated from your spouse, the state of Texas assumes that the properties acquired by both spouses are community property, and so is all the liabilities. In other words, couples in Texas remain married until they are legally divorced. To avoid being caught off-guard by financial liabilities initiated by an estranged spouse, filing for divorce is the best option.
Grounds for Divorce in Texas
According to the Texas Family Code, there are seven key grounds for divorce. The spouse filing for divorce has to show fault on the other spouse based on the six grounds we’ve listed below.
- Irreconcilable Differences
- Adultery
- Cruelty
- Abandonment (For at least 1 year)
- Have lived apart for over 3 years
The seventh is the ‘no-fault” divorce basis, which implies that the spouse petitioning for divorce needs not to prove any wrongdoing on the part of his/her spouse. Nevertheless, Judges may consider fault when deciding what equitable distribution of their property is.
Filing a Petition for Divorce
A petition for divorce has to be filed in a state district court where the spouse(s) reside. This implies that at least one of the spouses must have been a Texas resident for the last six months. The accused spouse has to file a response within three weeks. Otherwise, the petition will be deemed successful. While filing the petition, some couples may include a request for a temporary restraining order meant to protect the couples.
Annulments & Voided Marriages
Texas law provides protection from invalid marriages based on fraud, deception, and consent in the case of minors. Below we’ve listed some of the common reasons that marriages end due to annulments and void-declarations.
- The petitioner was not of sound mind to the degree they lacked the mental capacity to make a sound judgement.
- A minor was married, but without the consent of their parent.
- A party used fraud to induce a person into marriage. This is common with immigration cases and bigamy.
- One party to the marriage concealed a recent divorce or an annulment suit if filed.
Looking for a Sharp Divorce Lawyer in Austin?
Contact Attorney Jack F. Gorski As Soon As Possible
In Texas, litigation involving the family can be a complex process. Many factors come into play when filing a divorce petition including your finances, children, property, and even your private life. Thus, finding the right lawyer with the desired experience and enthusiasm to address your concerns about the divorce process will go a long way in making the process smooth.
If you live in or around the Greater Austin region and are looking for a competent divorce lawyer, contact Austin family law attorney Jackson F. Gorski today. You can reach the law office by calling 512-960-4646 or by sending us a written message using the contact form.
