RRK Law is one of the best Austin divorce lawyers in Austin and surrounding areas. With close to twenty years as an experienced divorce lawyer, Robert Kiesling, Esq., has navigated hundreds of successful outcomes in family law-related matters.
With RRK Law, you can rest assured you're in good hands without having to pay an upfront initial retainer to evaluate your case to confirm you're making the right decision in hiring an Austin divorce attorney.
Contact us today for your free consultation. Remember, hiring the right lawyer in a custody and/or divorce case is one of, if not the most, important decisions of your adult life.
When a marriage ends, both spouses often experience a lot of emotional stress. The family law legal process for getting a divorce or annulment is complicated and covers many topics, including property distribution, custody of children, alimony, and child support. Divorce can have serious implications, and the effects on a person's finances and property can be long-lasting.
If you are thinking about getting a divorce in Austin, it would be a good idea to speak with an Austin divorce lawyer from RRK Law, LLC. We have extensive experience in family law matters and can offer you reliable legal advice on what steps to take.
Not only are we a divorce law firm, but we also handle other areas of the law that the average family law firm does not, which gives us a better understanding of how to delicately approach collateral issues that may arise like DWI, trespass, assault, protective orders, property damages, etc. Unfortunately, these types of collateral consequences of divorce and custody happen more than people would like to admit.
Why Hire a Divorce Attorney in Austin?
If you think that the divorce process is a simple and easy process, you may want to consider hiring an Austin divorce attorney from an Austin law firm. They can help you navigate through the uncertainties and ensure that marital assets are equitably divided during negotiations and court proceedings. A skilled Austin divorce lawyer can also help make the process faster and more efficient.
Grounds for Filing Divorce in Texas
Texas has a law that allows for no-fault divorces. If a couple agrees mutually to end their marriage, they can still get divorced even if they don't agree on everything. While it may be helpful to prove fault in some cases, fault is not always required.
Moreover, in Texas, the family code outlines seven different reasons for divorce, including both fault and no-fault options. It's important to again highlight that fault does not need to be proven in order to obtain a divorce in Texas. However, the grounds you choose may impact the outcome of your divorce settlement.
Do you find it confusing? Let me simplify it. In Texas, there are three no-fault reasons for divorce where neither party is blamed for the breakdown of the marriage, but they are unable to continue being married. These three reasons include:
INSUPPORTABILITY
LIVING APART
CONFINEMENT TO A MENTAL HOSPITAL.
THE ROLE OF FAULT-GROUNDS IN TEXAS DIVORCE
The distinction between fault grounds and no-fault grounds is relatively simple. Under fault grounds, one spouse is held responsible for the divorce.
Nonetheless, in Texas, it is not necessary to establish fault grounds to get a divorce. Still, if you declare certain fault grounds such as adultery, and the judge finds your argument unconvincing, the divorce may be granted on other no-fault grounds, like insupportability.
On the other hand, if cruelty or any other fault grounds appear during the case, the judge may still grant the divorce even if you initially filed on the no-fault grounds of insupportability.
The four different fault grounds in Texas:
CRUELTY
ADULTERY
FELONY CONVICTION.
ABANDONMENT.
Which assets and property do I need to share with my soon-to-be ex?
In a marriage, all property that is obtained is usually classified as marital or community property. It can be divided equitably during divorce proceedings. While couples may have their own individual property, proving ownership can be challenging.
If a couple decides to contest a marriage property's division, the unequal earnings power is taken into account. This can become complicated. That is why hiring an experienced Austin divorce lawyer is an almost must if you want to make sure that your divorce is handled correctly.
Settlement, Mediation, and Final Trial
In civil disputes, it's typical for parties to explore settlement options. In divorce cases, experienced legal counsel usually reaches agreements before litigation. If an agreement is reached, the lawyer can sign off on an agreed MSA, if it was mediated; and/or, a proposed final divorce decree order signed by all the parties to be filed with the court.
Note: In Texas, some counties-like Travis County, require the use of a mediator for specific situations.
Divorcing with Children
Our RRK Law Austin attorneys are experienced in dealing with child custody and visitation rights during a divorce. We understand how difficult this process can be for families and strive to protect them from its negative effects. Remember, the courts always look to BIC ( the best interest of the child) in considering custody, child support, and visitation.
Does a fault-based divorce influence child custody decisions?
During divorce negotiations, child custody often becomes an area of conflict. The court's decision on custody is based on the best interest of the children. When making a determination, the judge will consider the past actions of both parents.
Knowing the county you are in, the judges you will be facing, and the type of rulings they make are all crucial to know before stepping into a courtroom for a custody battle. Only a local experienced divorce attorney will be able to navigate this area of family law successfully.
Rules Concerning Children During Divorce Proceedings - Standing Orders
When you file for divorce in Travis County, you will receive a Standing Order that outlines specific rules regarding your children. According to these rules, neither parent can take the children out of Texas without the written consent of the other parent.
Additionally, children cannot be taken out of school without both parents' permission in writing. If a court finds that a parent has violated these rules, they may take action against them. For example, hiding your children or moving without permission would be considered a violation.
What about a high net-worth divorce?
Divorces involving wealthy individuals can be complicated, as all assets earned during the course of the marriage are divided fairly, regardless of how they were earned.
Although attempting to hide income from an ex-spouse may seem possible, it is not feasible during divorce proceedings. An Austin divorce attorney can help you safeguard your assets in a transparent and cost-effective manner.
Request of Temporary Restraining Order
In case of challenging situations, you may require temporary limitations. This document specifies certain rules for a restricted duration regarding your interactions with your spouse, which mandate both parties to maintain a respectful demeanor regarding property, spending of community assets, and custody, among other scenarios fact specific to your particular matter. Notably, the TRO presents a unique order that pertains to temporary custody issues, and safeguards any shared assets outside the normal protection of the typical Travis and Williamson County standing orders.
Rules of Conduct for Divorce in Travis County
To finalize your divorce, you must attend a conference and sign some closing documents (if necessary or not waived). Travis County has conduct regulations for civil actions and prohibits abusive, vulgar, or demeaning behavior, whether spoken through phone, writing, or in-person. Threatening your partner is also not allowed. Watch your language during phone calls or written communication.
Do the rules for divorce differ from county to county in Texas?
No. According to Texas law, generally, divorce and custody laws are applied universally throughout all counties in Texas.
Divorces Involving Businesses
When a divorce involves a business, it can create complications. It's important to properly handle and organize the business of the spouse going through the divorce. The divorce attorneys at RRK Law can help you understand how a business divorce may affect you.
Search Divorce Attorneys on Trusted Online Sources
It's recommended to get legal advice from reliable sources such as the Texas Bar Association, Google, Avvo, etc. You can check lawyer education, certifications, reviews, and even their native language through their profiles. Doing thorough research about the attorney can help you find an appropriate lawyer for your needs.
Twenty Years of Experience in Texas Family Law
If you and your partner cannot agree on certain issues, you may be considering divorce. To save money, you may be tempted to use guides to navigate the process. However, Robert Kiesling recommends seeking professional help through his cooler heads prevail program for uncontested divorces in Austin or Georgetown.
Contact RRK Law to discuss an affordable and safe way to proceed. If you are unable to resolve your divorce uncontested, RRK Law is ready to represent you in trial and advocate for your interests. Contact us today for a free consultation.
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Frequently Asked Questions:
Navigating a divorce or separation in Austin? RRK Law is here to support you with a wealth of resources and expert guidance. Start by understanding the fundamentals of the process on our "Separation and Divorce - RRK Law" page. For more insights into family law, explore our articles and updates in the "RRK Law Office - Blog Posts, Industry" section. If you're looking for personal representation, visit "Find an Experienced Divorce Lawyer in Austin, TX" to connect with our skilled attorneys. Those questioning whether they need specialized legal assistance can find answers at "Do I need an Austin Family Attorney? - RRK Law." Additionally, if your situation involves child custody, learn about your options from the "Best Child Custody Lawyers in Austin, Texas - RRK Law." Each resource is designed to provide clarity and confidence, ensuring you're well-prepared for any family law challenges.
NOTE:
If you are in need of legal assistance in Austin, TX, the RRK Law Office offers comprehensive services in criminal, family, and personal injury law. Their experienced team is dedicated to guiding clients through complex legal processes, ensuring the best possible outcomes.
For those facing family law issues, RRK Law is recognized as one of the Best Austin Divorce Lawyers. They also provide specialized services for navigating joint custody arrangements, as detailed in their article on Navigating Joint Custody with an Austin Divorce Attorney.
Additionally, if you are seeking an experienced divorce lawyer, you can find more information on their Find an Experienced Divorce Lawyer in Austin, TX page. For a broader overview of their services, visit the Austin, TX Criminal, Family & Personal Injury Lawyers page.
Lastly, for those dealing with separation and divorce, RRK Law provides detailed guidance on their Separation and Divorce page. This paragraph incorporates the required links and provides a cohesive overview of the services offered by RRK Law Office.