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Texas Divorce FAQ

At Hiller Family Law Firm, we understand the complexities of divorce and the important decisions that need to be made. 

Divorce Services in Austin, Texas

Divorce is emotionally taxing, whether it's amicable or contentious, involves children or significant assets. A Texas divorce lawyer ensures all details are addressed, protecting your rights and interests.

How Much Will My Divorce Cost?

The cost of divorce depends on several factors, primarily whether it is contested. An uncontested divorce is typically less expensive as it is more straightforward and may not require courtroom appearances. In contested divorces, costs vary based on:

  • Disputes or disagreements between spouses
  • Potential custody battles
  • Number of assets and any hidden assets allegations
  • Attorney's fees and their legal competency and negotiation skills

While precise costs are unpredictable, they start with the filing fee and vary according to the case's specifics.

What If My Spouse Doesn't Want a Divorce?

You can still file for divorce even if your spouse is unwilling. Texas requires a 60-day waiting period from the filing date before granting a divorce. No-fault divorces are allowed, meaning the marriage has irretrievably broken down or the spouses have irreconcilable differences.

Can I Sue for Divorce on Grounds of Adultery?

With no-fault divorces now allowed in all states, grounds for divorce are typically unnecessary unless in a covenant marriage. However, you might file for a fault-based divorce if adultery involved wasting marital property. In such cases, a judge may compensate the non-cheating spouse through asset distribution.

How is a Child Custody or Support Determined?

Child custody, visitation, and support are determined based on the "best interests of the child." Courts generally prefer both parents to maintain strong relationships with their children and recognize both parents' financial responsibilities.

How is Alimony Determined?

Alimony (spousal support) is decided on a case-by-case basis. Courts consider the spouses' current and future earning abilities, especially if one spouse was dependent during the marriage.

How Are Assets and Debts Divided?

Texas is a community property state, meaning property and debts acquired during the marriage are divided equally.

How Do I Protect Myself from an Abusive Spouse?

If your spouse is abusive, seek protection by filing a restraining or protective order and accessing state and local support programs for domestic abuse survivors. Build a support network with friends, family, and a supportive family law attorney.

How Do I Start My Divorce in Austin?

File a petition to dissolve the marriage with the court clerk in your county of residence. The other spouse has a set number of days to respond unless the divorce is mutual. Contacting a divorce attorney ensures the petition is properly filed and timely answered.

Contact a Divorce Lawyer in Texas Today

If you're considering a divorce or have been served divorce papers, contact Hiller Law via our online form or call us at (512) 360-9100. We will schedule an initial consultation to answer your specific questions.

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