Austin Divorce Lawyers - Kirker Davis LLP

Austin Divorce Lawyers

During the process of ending a marriage, both spouses typically undergo tremendous emotional strain. The legal process involved in either a divorce or an annulment is complex and includes a wide spectrum of issues, like distribution of property, child custody, spousal support, and child support. Divorce can have profound consequences with the potential for long-lasting effects on a person’s finances and property.

If you are considering divorce, you should consult with an experienced Austin divorce lawyer. Kirker Davis LLP has years of experience dealing with family law issues in Austin and can provide you with sound legal counsel on your ideal course of action.

Types of Divorce

There are many ways a divorce can proceed and many circumstances under which a divorce can become more or less challenging. Some common divorce issues include:

Uncontested Divorce

An uncontested divorce is a situation in which both parties are in agreement about how the separation should be carried out. While you may agree on the big picture issues, the implementation of your separation can be difficult to negotiate. Your divorce lawyer can come to fair terms with your ex or their attorneys.

Contested Divorce

When a divorce is “contested,” it means the parties involved cannot come to an agreement on an issue. In these cases, the divorce may proceed to a trial setting, where a ruling will be made. While it’s usually best to come to an agreement with your ex, some points are non-negotiable and worth fighting for. An Austin divorce attorney can help you determine which points you are most likely to win and which contentions might not be worth your energy in the long run.

Mediated Divorce

In a mediated divorce, the spouses or their lawyers meet with a neutral third-party mediator in an attempt to find a fair solution to their differences. A mediator can help the separating individuals find common ground or sustainable compromises. Having your lawyer present can do a lot to ensure the deal doesn’t favor your spouse.

Collaborative Divorce

A collaborative divorce is a divorce in which both parties try to work together to expedite the process. This works best when both individuals are willing to negotiate to avoid taking the matter to court, where the process would become more costly and time-intensive.

Divorces Involving Businesses

Divorces that involve businesses can have additional complications. Whether it’s a family business passed from previous generations or a fresh startup, it will need to be properly categorized and divided between the divorcing spouses. A business divorce attorney from Kirker Davis LLP can help you understand how your divorce will affect your business.

Professional Divorces

When you’re a professional, your time is incredibly limited and valuable. While it may be difficult to juggle the demands of a challenging career while going through a divorce proceeding, our experienced attorneys can help you understand better and make it through the process.

High Net Worth Divorce

Divorces between two individuals who have a high net worth are almost always made more complex by the money involved. Because marriage is considered a sort of partnership, any wealth you’ve accrued while you were with your spouse must be divided in a relatively even way, regardless of who earned the wealth. You probably want to keep what you see as unearned wealth out of your ex’s pocket, but it is illegal to hide assets during a divorce. An Austin divorce attorney can help you remain transparent and preserve as much of your wealth as allowed.

High Asset Divorce

In a divorce, all your community assets will have to be split up between you and your former spouse. Coming to an agreement on how to divide high-value assets between the two of you can be a complicated ordeal and it is unlikely that you will reach an easy agreement. Texas law says assets must be divided in a way that is “just and right.” We can help argue on your behalf for an outcome that is fair and maintains a claim on the items you hold most dear.

Modification of Divorce Decrees

When a divorce is all said and done, the court will issue a divorce decree, a document that finalizes the divorce. It should be reviewed and all deadlines set forth within it should be followed. However, sometimes people can’t perform the duties outlined in their divorce decree and need to modify them. An attorney from Kirker Davis LLP can help you through the modification process if you or your ex cannot meet the terms of your divorce decree.

If you are seeking a divorce, understanding exactly what your situation is can be extremely important to helping you figure out what courses of action are possible.

Grounds for Divorce in Austin

Under Texas law, the Court may grant a divorce on grounds of insupportability, which is described by the statute as a discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation; insupportability essentially operates as a no-fault provision for divorce. So, your divorce, like the divorces of a majority of couples, may be considered a “no fault” divorce. This may be true even in the event you or your spouse is alleged to have acted improperly during the marriage. Two of the other most common grounds for divorce in Austin include:

  • Cruelty by one spouse towards the other of a nature that renders living together intolerable.
  • Adultery

Other fault-based grounds for divorce also exist, but they are less likely to be applicable.

Annulling a Marriage

Texas has statutory provisions for the annulment of a marriage. An annulment may be obtained if the marriage is either ‘void’ or ‘voidable.’ A marriage is void if the spouses could not legally have entered into the marriage in the first place, meaning it was invalid from the beginning. If there was some significant fact that one or both parties did not have knowledge of at the time of the marriage, which would have led one party not marry, it is a voidable marriage. One spouse may petition for annulment for any of the following reasons:

  • One of the parties is 16 or older, but under the age of 18 and entered into the marriage without parental consent or a court order
  • At the time of the marriage, the petitioner was under the influence of alcohol or narcotics and therefore, did not have the capacity to consent to marriage
  • Either party, for physical or mental reasons, was permanently impotent at the time of the marriage and the petitioner did not know of the impotency
  • The other party used fraud, duress or force to induce the petitioner to enter into the marriage
  • The petitioner did not have the mental capacity to consent to marriage or to understand the nature of the marriage ceremony because of a mental disease or defect, at the time of marriage
  • One party concealed a divorce, that occurred less than 30 days before the marriage, from the Petitioner, and the annulment suit is filed less than one year after the date of the marriage
  • If the parties married less than 72 hours after the marriage license was granted and the annulment suit is filed less than 30 days after the date of the marriage.

For a court to grant an annulment, the petitioner is required to refrain from voluntarily cohabiting with the other spouse after learning of the issue at hand or after the petitioner is no longer under the influence of the claimed grounds for the annulment.

Contact an Austin Divorce Attorney

Dissolving a marriage is never easy, but it can be much more manageable with experienced legal counsel. It is important to seek an attorney who knows the ins and outs of family law in Texas. If you are considering divorce or annulment, contact the Austin Divorce Lawyers of Kirker Davis LLP at (512) 598-0010 for a free consultation today.

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