Ready to Protect Your Interests

When you are faced with a family conflict, or any legal issue that involves your marriage or children, you need a legal professional who has the skill, experience, and commitment to properly protect your interests.

Divorce

Whether you need a skilled negotiator or an expert litigator, our Austin law firm has experienced advocates that will protect your interests while remaining understanding and responsive to your needs.

Rachel Moyle, PLLC, specializes in Texas family law. Our lawyers have the experience required to expertly guide you through your divorce proceeding. If you have any questions, please do not hesitate to reach out to us!

After Your Divorce Petition Has Been Filed

Once an Original Petition for Divorce is filed with the court, you become known either as the Petitioner (the spouse who filed the Petition to start the proceeding) or as the Respondent (the spouse who was served with the Petition and responds to it or answers).
Provided you have lived in Texas for at least 6 months prior to filing for divorce, the Petition is filed in the county where you or your spouse have lived for at least 90 days. You may also wish to consider a prenuptial agreement to define your property and asset rights.

No-Fault Divorce v. Grounds for Divorce in Texas

Many people will often ask their attorneys, “Is Texas a no fault divorce state?” This is true–the state of Texas allows for “no-fault” divorces based on what is called “insupportability” and most divorce cases are granted on this basis. However, fault grounds for divorce also exist such as cruelty and adultery and Courts may take fault grounds into consideration when determining how to divide the marital estate.

Contact The Law Office of Rachel Moyle PLLC

The following are fault-based grounds for divorce in Texas:

Adultery
Cruelty
Felony conviction
Abandonment
Living apart for at least three years
Confinement to a mental hospital

You may also have a question about what an uncontested divorce means, versus a contested divorce, and whether that applies to your case. If you are still considering your options and have not yet filed for divorce in Austin, we can assist you in evaluating whether there is any advantage to alleging one of these fault grounds in your Petition.

Temporary Orders

After a Petition has been filed, the court may render temporary orders at the request of one of the parties. These orders may address possession and use of property – including which party can live in the marital residence while the divorce is pending, temporary support for one of the parties, temporary parenting plans for the children, and temporary child support. We look forward to helping guide you through this process from beginning to end.

Divorce Waiting Period in Texas

In Texas, the Court cannot grant a divorce until the Petition has been on file for at least 60 days. During this time, the parties can exchange information through discovery and attempt to reach an agreement through informal settlement or by participating in mediation. If the parties cannot resolve their case, then contested divorces will proceed to final trial at which time a Court will determine all issues that remain in dispute between the parties.

Divorce is a challenging time filled with raw emotions. Having to deal with charged emotions in addition to navigating the legal process can be overwhelming. Discuss your divorce, rights, and options with a specialist in the field of family law. Call (512) 948-3688 today!

Division of the Marital Estate

Texas is a community property state. Therefore, all assets and liabilities are presumed to be community property. The community estate must be divided upon divorce. While most people mistakenly believe that it will be a 50/50 division, the Texas Family Code actually states that the court must make a “just and right” division of the marital estate. In many cases, this is a relatively simple undertaking. However, some cases are more complicated and involve issues regarding characterization and valuation of specific assets.

What Should You Look For in a Divorce Lawyer?

Selecting a divorce attorney is a critical step in your divorce. Choosing the right divorce lawyer can make the difference between a painless, efficient divorce and a drawn-out, contested one. Your divorce attorney will have great influence over the outcome of your divorce and on the issues that matter most to you, like child custody, property division, and alimony. With so many attorneys out there, it can be hard to select the one that is right for you. Consider the following factors as you set out to hire a divorce attorney:

Experience counts

When you start researching your potential divorce lawyer, you should determine the attorney’s level of experience in the field of divorce. Experience does not merely mean years of practice; rather, it stems from the handling of numerous divorce cases in your region. Experience will allow your divorce lawyer to competently handle even the most complex of divorce cases.

Communication is important

As you speak with your potential attorney in his or her office or on the phone, you will want to pay attention to how well they communicate with you. You want a divorce lawyer that will listen to your concerns and answer your many questions that will likely arise throughout the process. Your divorce lawyer will act as your mouthpiece during your divorce, so strong communication skills will be vital to achieving your desired outcome.

Select an attorney with compassion

For many, divorce is a difficult and emotional time. You deserve to have an attorney on your side who is passionate about your divorce and truly cares about you.

Find someone you feel comfortable with

While researching an attorney’s experience, awards, and accolades will tell you a lot about them, ultimately, you will want to select a divorce attorney with whom you feel comfortable. You will spend a lot of time with your divorce lawyer and will need to discuss rather personal matters. Comfort is a factor that should not be overlooked when deciding between potential divorce attorneys.