types of divorce in texas


Divorce is never easy for any couple. The divorce process can be more complex than what most people would like to think, especially when children and/or significant assets are involved. Your family law attorney in Austin will discuss with you the various legal options, including the types of divorce that are possible in Texas.


Uncontested Divorce


If you and your spouse are able to arrive at a mutually acceptable resolution, an uncontested divorce in Austin is possible. This would require both of you to agree on critical issues such as child custody and support, property division, spousal maintenance, and other aspects. 

Although this type of divorce has an easier and quicker process, the risk is that you might end up giving up some rights which you did not even know you had. These could range from child support and alimony to division of real estate assets, debts, and retirement benefits. Therefore, even in an uncontested divorce, you must have a reliable Austin divorce attorney on your side. 


Mediated Divorce


A neutral mediator will assist you and the other party to go through a private process of negotiation in order to formulate an amicable agreement on all contentious issues. The mediator will take into account the specific needs of both parties, clarify their doubts and concerns, and encourage them to reach a compromise. 

In many cases, the family court in Texas may, in fact, mandate that the couple should go through the mediation process before a final divorce hearing is scheduled. In this situation, you will only need the court’s intervention if the mediation fails to work.


austin divorce lawyeCollaborative Law Divorce


This type of divorce process involves a transparent negotiation between both parties, quite like in the case of mediation. But the difference here is that both you and your ex would not only have your Austin divorce lawyers present with you, but also other neutral experts would be present. They could include a CPA or financial expert, a mental health professional, or a specialist in conflict resolution.

Each meeting that may occur in this process will have a defined agenda, and both sides will take notes and maintain minutes of the meeting. Texas law recognizes the divorce agreement that may be reached through this process. The collaborative law divorce process is confidential and encourages frank discussion. Information presented during the process cannot be used later on in court as evidence against you.


Litigated Divorce


If litigation becomes unavoidable, you can file an original petition, and serve your ex with a lawsuit. Filing is required even when you and the other party have agreed to go ahead with a divorce. A litigated divorce will involve hearings, presentation of evidence, and a trial. You should have an Austin divorce lawyer with trial experience to argue on your behalf in the court on vital issues such as child custody, property division, and alimony. 

Your attorney’s first goal will be to avoid a litigated divorce, but if it is the only way left to protect your rights, they would be thoroughly prepared to go to trial and fight legally in the best possible manner on your behalf.


Choose An Experienced Austin Family Law Attorney

Finding a tough Austin family law attorney who is willing to dig in and battle for you should be a top priority. You will know if you are in for a battle, and entering that battle without a strong family law firm behind you could be a big mistake. 

The Law Office of Willie & Dasher, established in Austin in 1984, has the ability and the experience to pursue a winning strategy for your divorce and family matters. To request a consultation, call 512-478-0834 or complete our online contact form.

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