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If you are interested in filing for a divorce in Austin or the surrounding counties, your attorney must file a petition for divorce. While this is the first step to filing, there are potentially many steps. But the step of filing the petition gets the process moving and will get you on the court’s docket. The petition will need to show evidence as to why you are seeking a divorce.

A divorce can be based on fault or no fault, which we will discuss further, later in this article. You must serve the petition (service of process) on your spouse, by way of a process server, which can be a private process server. Following service on your spouse, he or she will have a limited number of days in which to respond. Note, that depending on which county you are in, there may be additional local rules to comply with.

Note that there is a 60-day waiting period from the time the petition is filed for the divorce to become final. This is the State of Texas’ way of giving the parties a cooling off period so that they have time to make sure they are doing the right thing.

However, if the parties are unable to agree to all issues such as child support, spousal support, child custody, property division, etc. then the time frame may take much longer.

There are two grounds for divorce in Austin, Texas-a fault and no fault divorce. A no fault divorce just means: “The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation”

To file for a divorce in Austin Texas, there are two statutory grounds: The first is a no-fault divorce, and the second is a fault divorce. A no-fault divorce is legally defined as a “marriage that has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” So for all intents and purposes, any reason at all is a reason for divorce in Austin, TX.

But, may times you may want to allege fault. The reason to do this is to provide more evidence for your case. This can place you on better footing in your case against your spouse. Such grounds include the following: Adultery; Imprisonment or conviction of a felony, Imprisoned for at least one year for a felon and has not been pardoned; Mental cruelty; Abandonment whether intentionally or remained apart for at least one year; Insanity and confinement to a mental hospital; and Living Separate and apart without cohabitating for minimum of three years.

Eric Willie is known as a top divorce attorney in Austin, TX. You can learn more about the Austin Divorce Lawyers at the Law Office of Willie & Dasher by visiting us online.