Ending a marriage raises essential legal questions. While there is no doubt that two people have the right to end their marriage, the fact is that they must follow specific rules and procedures to ensure that this process meets the relevant legal requirements.
From the onset, you need to determine whether a court in Austin has the jurisdiction to hear your case. It is also necessary to evaluate whether you and your partner can agree to terms in the divorce or if there will be disagreements during the process. Finally, parties must identify a specific reason for why they are seeking end their marriage. An attorney could help you with each of these Austin divorce requirements.
What Court Hears Divorce Cases in Austin?
Much like in any other civil law matter, selecting the right court to hear a divorce case is a prerequisite to obtaining the desired legal result. Choosing the wrong court can lead to unnecessary and costly delays.
According to Texas Family Code § 6.301, there are two factors that determine whether a local family court has the ability to rule on a divorce. First, one of the partners in the marriage must have lived in the state for the six months prior to filing a petition. Second, either party must have lived in the county that the court services for at least 90 days. An attorney in Austin could determine which family court has the jurisdiction to hear a divorce case based on these requirements.
Requirements for an Uncontested Divorce
If a couple chooses to avoid costly litigation, they must be able to amicably negotiate the terms of their divorce. Texas Family Code § 15.101 and the following statutes describe the collaborative family law participation process. This process enables parties to submit written agreements to the court to settle on disputes such as child custody and the division of assets. This can shorten the overall divorce process. However, oftentimes couples may not be able to amicably reach an agreement over all of these sensitive issues. Here, the filing spouse must act on their own, and the other party will have an opportunity to respond. A lawyer in Austin could work with a couple to meet the requirements of an uncontested divorce. However, if this type of legal collaboration does not work in a particular case, an attorney may also prepare for potential litigation.
Grounds for Marriage Dissolution
Modern family laws have made it relatively easy to ask for a divorce. However, it is still necessary to provide the court with a reason for why a party is seeking to end a marriage. The most common example is insupportability under Texas Family Code § 6.001. In simple terms, this means that the parties have experienced a breakdown in the marriage and that there is no reasonable expectation of reconciliation.
In limited circumstances, it may be possible and advisable to claim a more specific reason for seeking a divorce. These factors can lead a court to expect that a party is seeking a judgment in their favor. These factors include:
- A felony conviction
In Austin, determining the grounds of a divorce is an essential requirement in this process as it may have a significant impact on the outcome of a case.
An Austin Attorney Could Help with the Divorce Requirements
When deciding to file for marriage dissolution, it is also essential to understand the legal requirements moving forward. Because every case is different, meeting these requirements can be challenging without a legal professional. Contact an attorney now to learn more about the Austin divorce requirements.