Divorce Lawyers

Contact the Carlson Law Firm for Help

Aggressive divorce lawyers serving you with compassion

The moment you realize you need a divorce lawyer, you need someone on your team who will fight tirelessly for your family’s best interest while giving you the compassion you deserve. Divorce is not an easy legal matter to handle, especially when matters of child support and child custody have to be determined. There are different types of divorces, contested and uncontested. Even in uncontested divorces, which involve amicable relationships, emotions are typically very sensitive. Feelings of anger, loss, pain, and frustration are typically found, and one of our family lawyers from The Carlson Law Firm can help ease some of the burdens of your situation.

Our divorce lawyers serve the following counties:

Contact a qualified family law lawyer for assistance if you live in the Central Texas area. Once the process starts, it’s crucial to have legal representation every step of the way to ensure that your rights are always protected. We will do everything we can to reach an amicable solution without going to court. However, in the event that a trial becomes necessary, we will fight diligently to get you the results you want.

As a Veteran-Owned law firm, The Carlson Law Firm proudly represents military members in our community in need of a family law attorney. Our Fort Cavazos divorce attorneys are here to help you navigate divorce or child custody arrangements.

Understanding No-Fault Divorce in Texas

Texas is a no-fault divorce state, meaning that either spouse can file for divorce regardless of whether their partner agrees. This means the petitioning spouse isn’t required to establish fault in a marriage prior to a divorce. Texas, does however, recognize certain fault grounds that can influence divorce settlements.

Divorce in Texas FAQs

What is considered Divorce law?

Divorce law encompasses the legal framework governing the dissolution of a marriage. It encompasses various aspects, including the grounds for divorce, property division, spousal support, child custody and visitation, child support, and the termination of marital rights and obligations. Divorce law aims to ensure a fair and equitable resolution of these issues while protecting the interests of all parties involved, particularly children.

How long does a divorce or custody case take?

Every case is different. It depends on what is in dispute, the needs of the parties, the needs of the children, the availability of the court, and the availability of witnesses. Texas has a mandatory waiting period of 60 days to finalize a divorce, but an average contested divorce or custody case can take 18 months or more.

I see Divorce Forms Online, why should I pay an attorney?

Custody and division of property and debts is not something you want to get wrong. Unfortunately, we often see clients come to us after entering their own orders with “buyer’s remorse” or needing us to fix an issue with the order. Once an order is entered, it can cost you significantly more money to fix an issue, than it would have cost for us to represent you in the original case – that is, if it can be fixed at all.

Can I ask for a Court-Appointed Lawyer Handle my Divorce?

Typically, no. The only cases where you are entitled to a court-appointed attorney (assuming you meet the income requirements for one) are child protective services (CPS) cases, when your parental rights are being terminated, or when there is a possibility of jail time (i.e. for failure to pay child support).

What Counties does The Carlson Law Firm Handle Divorce?

Bell, Coryell, Milam, Lampasas, Williamson, Hays, Travis, Bastrop, and Burnet.

How much does a divorce cost?

The cost of your family law case can vary depending on several factors. Call a Carlson Law Firm location near you to schedule your free consultation.

Our Family Law Lawyers

What does a divorce settlement entail?

What are the Grounds for Divorce in Texas?

When it comes to establishing the grounds for divorce, the State of Texas has seven issues that be considered. While Texas is a no-fault divorce state, a petitioner can bring claims against a spouse that may impact the final divorce settlement. Those claims include the following:

Insupportability

This is the most common reason for divorce, which alleges that the marriage has become insupportable as a result of disagreement and conflict. If you and your spouse are not getting along anymore and you cannot see another solution, this would be your solution to choose. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

Adultery

Adultery damages hundreds of thousands of marriages in the United States each year. Generally, marriages that experience an affair end in divorce. It is when one spouse is not faithful to the other. Texas defines adultery as voluntary sexual intercourse with a person besides your husband or wife. If you are filing for divorce based on adultery, you should be prepared to show the court proof of the affair.

Cruelty

If your spouse has treated you or children in a cruel or abusive manner and living together is no longer an option, this would be the option to choose. Cruel treatment means the behavior of one spouse is so extreme as to make it impossible for the parties to live together under the same roof. This cruel treatment can be physical or emotional in nature. Evidence can be hard to come by in order to prove cruel treatment in a divorce so a party who wishes to plead cruel treatment as a ground for divorce ought to be open and honest with the attorney so that necessary evidence can be located. This grounds for divorce is also often alleged.

Felony Conviction

In the state of Texas, if your spouse has been convicted of a felony, is imprisoned for a year or more and has not been pardoned, a divorce can take place. This cannot take place if the convicted spouse was imprisoned on the testimony of the one pursuing divorce.

Abandonment

If your spouse has abandoned you a divorce can be accomplished. The important part is that the abandonment had to have lasted for a year or longer.

Living Separately

If you and your spouse have lived apart for at least three years, a divorce is a possibility. This is used when it is a mutual agreement to live separately.

Confinement in a Mental Facility

If your spouse is in a mental hospital and has been for three years, you can pursue divorce. When they do not appear to be improving, a divorce can take place.

Marital Asset Division in Texas

Splitting property in Texas

Navigating a divorce in Texas can be complex, especially regarding property division. Texas is a community property state, meaning all assets acquired during the marriage are generally considered jointly owned and subject to equitable division. This does not always mean a 50/50 split, as courts consider various factors including each spouse’s earning capacity, future financial needs, and contributions to the marriage. Seeking guidance from an experienced divorce lawyer is crucial to protecting your interests and ensuring a fair distribution of assets. Our legal team has extensive experience in property division, including high-net-worth dissolutions, and is dedicated to advocating for your rightful share.

Separate Property in a Divorce

In Texas divorce proceedings, the division of assets and debts is governed by the concept of community property and separate property. Community property encompasses assets and debts accumulated during the marriage, while separate property refers to assets acquired prior to the marriage. Examples of separate property include gifts and inheritances received by one spouse, retirement benefits accrued before the marriage, and business shares owned prior to the marriage and kept separate throughout. However, assets acquired within the marriage related to a pre-marital business are typically considered marital property subject to division in a divorce. It is crucial to consult with a qualified divorce lawyer to understand the specific legal implications of these concepts and ensure a fair and equitable distribution of assets and liabilities in a divorce.

Divorce Lawyers

Contact the Carlson Law Firm for Help

Call 866-802-9571

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Aggressive divorce lawyers serving you with compassion

Understanding No-Fault Divorce in Texas

Original petition for divorce

Pay the Court Fee & Schedule a hearing

Signed off by a judge

Divorce in Texas FAQs

Our Family Law Lawyers

Steve Walden

Cassandra Golder

Cheryl Powell

Roxanne Martin

E. Alejandro Lopez

What does a divorce settlement entail?

Division of Martial Property

Child Custody

Child Support

Debt Allocation

Spousal Support (Alimony)

Other Issues

What are the Grounds for Divorce in Texas?

Insupportability

Adultery

Cruelty

Felony Conviction

Abandonment

Living Separately

Confinement in a Mental Facility

Marital Asset Division in Texas

Splitting property in Texas

Separate Property in a Divorce

Family Matters Handled With Care

free consultation

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Practice Areas

Carlson Law Firm Locations

Main Office

Austin Offices

San Antonio Offices