Under Texas law, you have the right to file for at-fault or no-fault divorce, depending on the circumstances. If you file for no-fault divorce, you are not required to prove that your spouse did anything wrong. If you, on the other hand, file for at-fault divorce in Austin, you are required to prove your spouse’s fault with sufficient evidence.
Proving your spouse’s fault can help you get a fair share of the marital property and get a favorable outcome in your case. So, it’s crucial to hire an accomplished divorce attorney Austin, TX who can gather the evidence needed to prove your spouse’s fault and make compelling arguments to achieve an outcome which is in line with your best interests.
Grounds For At-Fault Divorce in Austin
The fault grounds on which you can file for divorce include:
- Cruelty (deliberate infliction of physical and/or mental suffering)
- Adultery (having a sexual affair with a third party)
- Felony conviction (being convicted of a felony charge and sentenced to at least one year in a state or federal prison)
- Abandonment (voluntary abandonment for a period of at least one year)
Property Division in an At-Fault Divorce in Austin
Under Texas law, any property you owned prior to your marriage – or inherited or received as a gift during the course of your marriage – is considered separate property, which cannot be divided. The same rule applies to your spouse’s property as well.
On the other hand, any property you acquired – or your spouse acquired – during the course of your marriage is considered community property, which is meant to be divided between you and your spouse.
Apart from this, the law also presumes that any property you own – or your spouse owns – at the time of your divorce is community property. If it is not, it is up to you to prove that it is a separate property.
It should be noted that the court is not required to give you – or your spouse – an equal share of the marital property. If you are found to be at fault, your spouse is likely to receive a larger share of the property. Similarly, if your spouse is found to be at fault, you are likely to receive a larger share of the property.
The issue of property division can be complicated in an at-fault divorce. So, it’s critical to be represented by a qualified divorce attorney Austin, TX service provider who can protect your separate property and make sure you get a fair share of the marital property.
Residence Requirements For At-Fault Divorce in Austin
In order to file for an at-fault divorce Austin, TX, you or your spouse must meet the following residency requirements.
- Must have lived in the county (where the divorce case is filed) for at least 90 days
- Must have lived in the state for at least six months
Need a Reliable Divorce Attorney in Austin, TX to Handle Your Case?
Attorney Eric M. Willie P.C. has over 20 years of experience in handling divorce cases and has a track record that few other divorce attorneys Austin, TX service providers can boast of. He will treat your case with the sense of urgency it deserves and dedicate his resources to get the most favorable outcome possible.