Seeking an Austin Family Law Attorney concentrating in divorce? Listed below are questions to ask before you hire a Family Law and Divorce Attorney in Austin.

• How much time do you spend in court?  The nature of family law is that it requires an attorney to spend a good portion of his time in court.  This helps you know that he/she may be out of the office frequently.

• How often will you update me on the status of my case?  Some Austin clients want to receive weekly updates on the case.  This may not be realistic.  It could possibly take several months for the attorney to prepare your case.  Try not to expect to hear from the attorney more than once every one to two weeks.  As your case gets closer to a hearing date, you can expect to hear from your attorney more often.   

• Will I be allowed to participate in planning the strategy of my case? – Your attorney’s job is to assess your case and to recommend a strategy to help you achieve the best possible outcome under the circumstances.  Once you have agreed on your attorney’s recommendation, it’s his job to implement the strategy. 

• What do you charge? -  Some attorney’s charge by the hour and others may charge a flat fee to handle a family law matter.  More experienced attorneys will charge more than less experienced attorneys.    Nevertheless, attorney’s fees should be viewed as an investment in the outcome of your case rather than an aggravating expense.

When seeking a divorce in Austin, it is highly recommended that you seek advice first. Speak with an experienced and skilled family law attorney located in Austin early on. A divorce attorney in Austin can help you make the best decisions about a divorce, spousal support, division of property, and child custody issues. 

The Law Office of Willie & Dasher, Austin Divorce and Family Law Lawyers, represent clients with their child custody, child support and child visitation matters in the Austin, Texas and surrounding areas.  Our primary focus is to advise you on how to achieve a fair and amicable solution to these divorce matters first.  We know how important and emotional child custody, child support and child visitation issues are for families. We treat our clients as if they are part of our family.  Most clients are overwhelmed and stressed by the process. We care about helping you resolve these matters. 

For more information about child custody, child visitation, child support or modifications of court orders, please visit The Law Office of Willie & Dasher, Austin Divorce and Family Law Lawyers, at our website at www.williedasherlaw.com or call us at (512) 478-0834 for a consultation to discuss your options.

Because there are many complicated and emotionally charged issues involved in a divorce in Austin, Texas, it’s imperative that a party to divorce understand the the long term impact of how these issues may be resolved. 

Whether during the marriage one spouse contributed to the education or potential earning capacity of the other spouse – If one spouse worked to put the other through college or professional school, an award of spousal support to that spouse will probably be made.

Whether one spouse has attempted to hide or deplete martial assets without the other spouses knowledge or consent – If one spouse has attempted to hide or deplete martial assets in anticipation of a divorce or once a petition for divorce has been filed, an award of spousal support may be made to the other spouse.

Spousal support usually ends on the day the divorce is granted.  Therefore, it is essential that the spouse to whom spousal support has been awarded takes the proper steps to secure employment and otherwise provide for himself or herself once the divorce is made final.

Because there are many complicated and emotionally charged issues involved in a divorce in Austin, Texas, it’s imperative that a party to divorce understand the the long term impact of how these issues may be resolved. 

It’s not unusual for a party to decide, years after the divorce, that he or she is unhappy with the terms and seek a modification.  However, judges are reluctant to go back after the fact and second guess the intention of the parties – Things to consider when getting a divorce in Austin.

Age, health, employment experience and earning capacity of the spouse requesting spousal support – An older spouse who has little work experience or limited earning capacity is more likely to be awarded spousal support than someone who is young and able-bodied with work experience and stronger earning capacity.

There are a number of other issues which may arise in a divorce.  Let’s take a look at each of these issues.

Spousal Support – While your divorce is pending, the court has unlimited jurisdiction to award temporary spousal support.  Spousal support is meant to help the requesting spouse maintain a suitable standard of living during the pendency of the divorce.  The court will consider the following factors in determining whether an award of  spousal support is appropriate:

Financial circumstances of both parties – In situations where one spouse has not worked during the course of the marriage, spousal support will usually be awarded.  On the other hand, if both spouses work and have similar salaries, spousal support will probably not be awarded.

Length of marriage – When the marriage between the parties has been short, spousal support will probably not be awarded.  If the marriage has lasted for more than a few years, courts are more likely to award spousal support.

Pre-martial and marital assets of the parties – If the party requesting spousal support brought substantial assets to the marriage, spousal support will probably not be awarded.  Additionally, if the parties have acquired substantial assets during the marriage, spousal support will probably not be awarded.

It’s important for Austin families, those seeking divorce in Austin, understand the long term implications of a divorce decree.  In our last post dated October 9, the husband obviously did not contemplate how he would feel about paying child support once his children reached the age of majority. 

A good attorney would have advised him that he has no obligation to support a child once that child reaches the age of majority.   A good attorney would have advised him to consider agreeing to pay for one-half of the children’s college expenses, reminding him that he had no legal obligation to pay for his children to attend college. 

Maybe he assumed that his ex-wife would remarry long before that fifteen year period ended.  If the husband in this example had been represented by an attorney, he may not have offered to pay spousal support for fifteen years. 

A good attorney would have advised him that such an offer was not a good idea.  A good attorney would have advised him to make a more reasonable offer, like paying spousal support for five years after the divorce.

There are a number of other issues which may arise in a divorce.  These include:

• Spousal support
• Alimony
• Child support
• Child custody
• Visitation
• Division of property

Because there are many complicated and emotionally charged issues involved in a divorce in Austin, it’s imperative that an Austin party to divorce understand the the long term impact of how these issues may be resolved.  It’s not unusual for a party to decide, years after the divorce, that he or she is unhappy with the terms and seek a modification.  However, judges are reluctant to go back after the fact and second guess the intention of the parties.  Here’s an example:

In 1995, a couple in Austin got a divorce.  The wife had an attorney, but the husband chose to represent himself.  After attending mediation, the parties reached a settlement of all issues in Austin.   

The parties agreed that the husband would continue to pay child support as long as the children were attending a four year college or until they reached the age of twenty-two.  The oldest child is now twenty and the youngest is seventeen.  The oldest child attends a four year college and the youngest is college-bound. 

The husband recently filed a petition to modify the provision requiring him to pay child support while the children attend college.  The judge denied his petition on the grounds that the parties entered into the agreement freely and voluntarily.  She noted that there was nothing in the record to indicate the husband did not understand what he was doing. 

On the contrary, at the hearing on the husband’s petition for modification, both parties testified that the husband offered to continue paying child support as long as the children attended a four year college or until they reached the age of 22.

What do you think? Should the husband be allowed to modify his divorce agreement on the child custody issue?

Austin divorce - Spousal support and Alimony Austin- The Law Offices of Willie & Dasher, Austin Divorce and Family Law Lawyers call (512) 478-0834 for a consultation to discuss your options.

If the parties to the divorce action are in agreement on all issues, including, but not limited to, child support, spousal support, visitation, custody, property division, division of debts, then the divorce can be finalized at the end of a 60-day waiting period.  This is known as an uncontested divorce.

On the other hand, if the parties have not reached an agreement on all issues, the divorce is said to be contested.  It takes much longer for a contested divorce to be finalized. Whether the divorce is fault or no-fault, contested or uncontested, there are certain procedures that must be followed. 

Once the petition for divorce is filed, it must be served upon the other spouse by the sheriff or a private process server.  Once the petition has been served, the opposing spouse has a certain number of days to respond.

Cruelty -  The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

Adultery – The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

Conviction of a Felony – The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony, (2) has been imprisoned for at least one year in a Texas  penitentiary, a federal penitentiary, or the penitentiary of another state,  and (3) has not been pardoned.

Abandonment – The court may grant a divorce in favor of one spouse if the other spouse: (1) left the complaining spouse with the intention of abandonment; and  (2) remained away for at least one year.

Living Apart – The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.

Confinement in a Mental Hospital – The court may grant a divorce in favor of one spouse if at the time the suit is filed:  (1) the other spouse has been confined in a state mental hospital or private mental hospital, in Texas or another state for at least three years; and  (2) it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

Austin divorce - Spousal support and Alimony Austin- The Law Offices of Willie & Dasher, Austin Divorce and Family Law Lawyers call (512) 478-0834 for a consultation to discuss your options.

Under Texas law, certain residency requirements must be met in order to file for divorce.  First, either of the parties must have lived in Texas for at least six months before the petition for divorce is filed.  Additionally, either party must be a resident of the county in which the petition is to be filed for at least 90 days prior to its filing.

There are two types of divorce, no-fault and fault.  A no fault divorce means that the marital relationship has become unsupportable because of personality conflicts and discord which have destroyed the legitimate ends of the martial relationship, thus making reconciliation impossible.

Austin divorce - Spousal support and Alimony Austin- The Law Offices of Willie & Dasher, Austin Divorce and Family Law Lawyers call (512) 478-0834 for a consultation to discuss your options.