Trusted Austin Divorce Attorneys

Guiding You Every Step of the Way

A divorce can be an incredibly challenging time for any family. The process of separating a family into two households is never easy, and it often brings forth a range of emotions and fears. At Sanchez & Farrar, PLLC, we understand the worries you may have about your future, and our team of attorneys is here to provide you with helpful guidance every step of the way.

Our experienced family law attorneys at Sanchez & Farrar, PLLC provide guidance to clients on crucial aspects such as property division, child custody and support matters, and considerations of potential spousal support or maintenance. We provide skilled representation in various areas, including high asset divorce, military divorce, high-conflict cases, enforcement of divorce terms, international custody disputes, complex property division, and more. 

No matter the complexity of your situation, you can trust our attorneys to navigate the intricacies of the law and advocate for your best interests. We are dedicated to achieving favorable outcomes for our clients and guiding them through the legal process with experience and care.

Take the first step in addressing your divorce by contacting Sanchez & Farrar, PLLC for a consultation. Our knowledgeable team is ready to assist you with your family law concerns. We provide legal representation throughout Texas, including Austin, New Braunfels, San Antonio, Travis County, Harris County, Bexar County, and other surronding areas. Reach out to us at 512-379-6985.

A married man and a woman verbally fight and look upset in their living room.
Understanding Divorce in Austin, Texas

At Sanchez and Farra, PLLC, we recognize the significance of clarity and reassurance during the challenging period of divorce. Our commitment is to demystify Texas family law and its application to your unique case. By ensuring you have a comprehensive understanding of the legal process, our goal is to alleviate your concerns and empower you to make well-informed decisions about your future.

Residency Requirements

To file for divorce in Texas, at least one spouse must have been a resident of the state for the preceding six months and a resident of the county where the divorce is filed for the preceding 90 days.

Fault and No Fault Divorce in Austin, Texas

In Texas, both no-fault and at-fault divorces are legal options, and individuals can choose the approach that best suits their situation. The choice between the two often depends on the specific circumstances of the marriage and the preferences of the parties involved.

In a no-fault divorce, neither spouse is required to prove that the other did something wrong to cause the marriage to fail. The grounds for divorce are usually based on “insupportability,” meaning that the marriage has become insupportable due to discord or conflict of personalities that prevents any reasonable expectation of reconciliation. One spouse can file for divorce without blaming the other. They simply state that the marriage has irretrievably broken down, and there is no hope for reconciliation. No-fault divorces tend to be less adversarial and may proceed more smoothly. They can also be less emotionally charged, as they don’t require one party to admit fault. While insupportability is the most common ground for no-fault divorce, other grounds may include living apart for a specified period or confinement in a mental hospital.

In a fault divorce, one spouse alleges that the other is responsible for the failure of the marriage due to specific grounds defined by Texas law. Common grounds for at-fault divorce in Texas include adultery, cruelty, abandonment, conviction of a felony, and living apart without reconciliation for at least three years. In some cases, fault may be considered when determining the division of marital property, alimony, and other aspects of the divorce settlement. Fault divorces can be more complex and contentious, as they involve proving specific allegations against the other spouse. This can lead to more confrontational court proceedings.

Legal Representation in Divorce Proceedings

Divorce proceedings can be complicated and overwhelming, especially for those who are not familiar with the legal system. An experienced divorce attorney can provide many benefits and ultimately ensure a better outcome for you and your family, helping you navigate through the process. They can also offer legal advice and represent their client’s interests in negotiations, mediation, and court proceedings.

At Sanchez and Farrar, PLLC, our seasoned divorce attorneys offer comprehensive legal representation to guide clients through this complex process. We provide invaluable legal advice, representing our clients’ interests effectively in negotiations, mediations, and court proceedings.

Throughout the divorce process, various legal requirements must be met. Our dedicated team at Sanchez and Farrar, PLLC, ensures that clients not only understand but also comply with these requirements, safeguarding their rights every step of the way.

The Divorce Process in Austin, Texas

Divorce is a difficult and emotional process that can be overwhelming for those involved. In Austin, the divorce process can be complex, and it is important to have an experienced attorney on your side to guide you through each step.

To initiate the divorce process in Austin, Texas, there are certain steps you need to take:

  1. Consult with an Attorney: The first step is to schedule a consultation with a trusted family law attorney in Austin. During this initial meeting, you will have the opportunity to discuss your situation, concerns, and goals. The attorney will gather essential information to assess your case and provide you with tailored advice.
  2. Determine Grounds for Divorce: In Texas, you have the option to file for divorce on either fault-based or no-fault grounds. Fault-based grounds include adultery, cruelty, abandonment, and others, while no-fault grounds typically require a period of separation. Your attorney will guide you in determining the most appropriate grounds for your specific circumstances.
  3. Gather Necessary Documents: To proceed with the divorce, you will need to gather important documents such as marriage certificates, financial records, property deeds, and any other relevant information. Your attorney will provide you with a comprehensive list of required documents and assist you in organizing them.
  4. File the Petition: Once you have prepared the necessary paperwork, your attorney will help you draft and file the divorce petition with the appropriate court in Austin. This document outlines the basic details of your case, including the grounds for divorce, requests for child custody and support, spousal support (if applicable), and the division of property.
  5. Serve the Petition: After the petition is filed, it must be served to your spouse. This ensures that they are formally notified of the divorce proceedings. Proper service is crucial, and your attorney will ensure that it is done correctly according to the legal requirements.
  6. Response: The respondent has a specific period to file a response to the divorce petition. This response may include agreements or disagreements with the terms presented in the petition.
  7. Temporary Orders: Early in the process, temporary orders may be established to address immediate concerns, such as child custody, support, and spousal support, until a final resolution is reached.
  8. Discovery: Both parties engage in the discovery process, where they exchange relevant information and documents related to assets, debts, income, and other matters.
  9. Negotiation and Mediation: The spouses and their attorneys may engage in negotiations to reach agreements on various issues. Mediation is often used to facilitate discussions and find common ground.
  10. Settlement or Trial: If the parties can reach agreements on all issues, a settlement is drafted and submitted to the court for approval. If not, the case may proceed to trial, where a judge will make decisions on unresolved matters.
  11. Final Decree of Divorce: Once all issues are resolved, the court issues a Final Decree of Divorce, which officially terminates the marriage. This decree outlines the terms of the divorce, including property division, child custody, visitation, and support.
  12. Post-Divorce Matters: After the divorce is finalized, both parties must adhere to the terms of the decree. Any violations or modifications to the decree may require legal action.
  13. Post-Divorce Support and Modifications: If circumstances change, such as income or living arrangements, either party may seek modifications to child custody, support, or other terms outlined in the divorce decree.

Throughout the divorce process, it is crucial to have a knowledgeable and experienced attorney by your side. They will guide you through each step, protect your rights, and ensure that your interests are represented. By seeking legal counsel early on, you can navigate the divorce process in Austin, Texas with confidence and work towards achieving a favorable outcome for yourself and your family.

A woman looking over divorce documents at a desk.Filing for Divorce in Austin, Texas

A critical step in the divorce process is to file a petition for divorce in the appropriate court. In Texas, this involves filing a petition for dissolution of marriage with the district court. The petition must include information about the grounds for divorce, such as adultery, cruelty, or abandonment. An experienced divorce attorney can help their client prepare and file the necessary paperwork and provide guidance on the legal requirements for filing a divorce petition.

Temporary Orders 

In Austin, Texas, temporary orders are legal arrangements made during the pendency of a divorce to address various issues that need immediate attention before the divorce is finalized. These orders are designed to establish guidelines for the parties involved until a final divorce decree is issued. Temporary orders can cover a range of matters, including child custody, child support, spousal support, property use, and other relevant issues.

Common Areas Covered by Temporary Orders:

  • Temporary Child Custody and Visitation: Temporary orders may outline which parent has primary custody of the children during the divorce process and establish visitation schedules.
  • Temporary Child Support: The court may order one party to pay temporary child support to the other to cover the children’s financial needs during the divorce proceedings.
  • Temporary Spousal Support (Alimony): If one spouse is financially dependent on the other, the court may order temporary spousal support until the divorce is finalized.
  • Temporary Use of Property: Temporary orders can address the use of the marital home, vehicles, and other property during the divorce process.

Here’s an overview of how temporary orders work in a divorce in Austin, Texas:

  1. Requesting Temporary Orders: Parties can request temporary orders by filing a motion with the court. This typically occurs early in the divorce process, and the court will schedule a hearing to consider the temporary orders.
  2. Temporary Orders Hearing: At the hearing, both parties have the opportunity to present their case, and the judge will make decisions on the temporary orders based on the evidence and arguments presented. The goal is to address immediate concerns and maintain stability during the divorce process.
  3. Duration of Temporary Orders: Temporary orders remain in effect until the divorce is finalized, and a final decree is issued. At that point, the terms of the final decree will take precedence.
  4. Modification of Temporary Orders: If circumstances change during the divorce process, either party may request a modification of temporary orders. This could be due to changes in income, living arrangements, or other relevant factors.

Temporary orders are essential for providing structure and addressing immediate concerns while a divorce is in progress. Our skilled divorce attorneys can help you navigate the temporary orders process and ensure that your rights are protected.

Mediation in Austin, Texas

Mediation may also be required to help the parties reach a settlement before trial. Mediation is a process in which a neutral third party helps the parties negotiate a resolution to their disputes. During mediation, our attorneys will guide you through the negotiations, ensuring that your rights and priorities are well-represented. We have extensive experience in advocating for our clients and reaching amicable resolutions that align with their goals. Our team will provide strategic guidance, help you understand your legal options, and assist you in making informed decisions throughout the mediation process.

If mediation fails to yield a settlement agreement, the case will proceed to trial. In such instances, having the support of skilled legal representation is crucial. At Sanchez & Farrar, PLLC, our experienced attorneys are well-prepared to advocate for your interests in the courtroom.

A man and a woman couple looking over and discussing documents together.
Finalizing the Divorce 

At Sanchez & Farrar, PLLC, we understand that the finalization of a divorce is a significant milestone. Our dedicated attorneys are here to assist you throughout this process, whether it involves reaching a settlement or going to trial.

When it comes to finalizing a divorce, our attorneys will guide you through the necessary steps, including the drafting and review of the final decree. We ensure that all legal requirements are met, protecting your rights and interests.

The final decree of divorce addresses crucial matters such as child custody, child support, spousal support, and property division. Our experienced attorneys will help you understand the terms of the decree and ensure that your rights are safeguarded moving forward.

Having an experienced attorney by your side is crucial to navigate each step with confidence. With Sanchez & Farrar, PLLC, you can trust that we will provide the guidance, support, and legal expertise necessary to protect your rights and help you move forward with your life.

Key Issues in Austin, Texas Divorce Cases

Divorce is a complex legal process that involves various issues that need to be addressed. It is essential to have an experienced attorney who can guide you through the process and help you achieve a fair outcome.

Division of Assets and Debts in Austin Texas

One of the most contentious issues in a divorce case is the division of assets and debts. This process can be complicated, especially if the couple has significant assets or debts. 

The first step in the division of assets and debts is to identify and value them. This may involve hiring experts such as appraisers or accountants to assess the value of assets such as real estate, businesses, or investments. Once the assets and debts are identified and valued, the couple can negotiate a property settlement agreement. If they are unable to reach an agreement, the issue may need to be litigated in court.

 In addition to the division of assets and debts, our experienced Austin divorce attorneys understand the complexities that can arise in cases involving complex property division, hidden assets, and the division of businesses or other unique assets. We have the knowledge and expertise to effectively handle these intricate matters and protect your interests.

Spousal Maintenance in Austin, Texas

Spousal support, or alimony, in Texas, referred to as spousal maintenance, is a financial arrangement that may be awarded to one spouse during or after a divorce in Texas. The purpose of spousal maintenance is to help the recipient spouse maintain a minimum standard of living, considering factors such as their earning capacity, financial needs, and the duration of the marriage.

In Texas, spousal maintenance is not automatically granted in every divorce case. The court considers several factors when determining whether to award spousal support, such as:

  • The duration of the marriage
  • The financial resources and earning capacity of each spouse
  • The age and health of the spouses
  • Any instances of domestic violence or marital misconduct

If the court determines that spousal maintenance is appropriate, it will consider the amount and duration of the support. The Texas Family Code provides guidelines for calculating spousal maintenance, but the court has the discretion to deviate from these guidelines based on the specific circumstances of the case.

Spousal maintenance can be awarded in various forms, including periodic payments, a lump sum, or a transfer of property. The purpose is to help the receiving spouse become self-supporting or maintain a minimum standard of living until they are able to do so.

It’s important to note that spousal maintenance can be temporary or long-term, depending on the unique circumstances of the case. The duration of spousal maintenance payments may be influenced by factors such as the length of the marriage and the receiving spouse’s ability to gain employment or acquire necessary skills.

At Sanchez & Farrar, PLLC, we have extensive experience navigating spousal maintenance matters in Texas.Whether you are seeking spousal maintenance or defending against an alimony claim, our team will diligently work to protect your interests. We can assist you in negotiating a fair spousal maintenance agreement or, if necessary, represent you in court to ensure your rights are advocated for.

Child Custody and Visitation in Austin, Texas

Child custody determination is a critical and often challenging aspect of any divorce. At Sanchez & Farrar, PLLC, our experienced family law attorneys are dedicated to assisting clients in understanding their legal rights and obligations concerning custody and visitation. We provide comprehensive guidance to ensure our clients are well-informed throughout the process. Whether you need assistance in negotiating a parenting plan or representing your interests in court, our attorneys are here to help.

With our experience, we will help you present compelling evidence and persuasive arguments that support your desired outcome regarding custody and visitation. We understand the importance of advocating for your parental rights and ensuring the best interests of your children are upheld.

In Austin, Texas, custody is determined based on the best interests of the child and in accordance with the guidelines set forth by the Texas Family Code. 

Custody, also known as conservatorship in Texas, involves determining the rights and responsibilities of each parent regarding the child’s upbringing. 

The court may grant either sole managing conservatorship, where one parent has primary custody and decision-making authority, or joint managing conservatorship, where both parents share in the decision-making process. The court considers various factors such as the child’s emotional and physical needs, the parents’ ability to provide a stable and safe environment, and the child’s relationship with each parent when making custody determinations.

In Austin, Texas, the court encourages parents to come to an agreement on custody through mediation or negotiation outside of court. However, if an agreement cannot be reached, the court will make a determination based on the evidence and arguments presented by both parties.

At Sanchez & Farrar, PLLC, our divorce attorneys will guide you through the legal process, explain your rights and obligations, and advocate for your best interests when it comes to custody and visitation matters.

Child Support in Austin Texas

Child support is calculated based on the income of both parents and the number of children involved. Texas follows specific guidelines outlined in the Texas Family Code to determine the amount of child support owed. 

The court considers each parent’s income, any applicable deductions, and the number of children to determine the appropriate amount of child support. It is essential to note that deviations from the standard guidelines may be allowed in certain circumstances, such as the presence of extraordinary medical expenses or the needs of a child with special needs.

Our family law attorneys at Sanchez & Farrar, PLLC have a comprehensive understanding of these guidelines and the factors that influence child support calculations. We can provide you with clear and accurate information regarding your obligations and rights related to child support.

Domestic Violence and Protective Orders in Austin, Texas

At Sanchez & Farrar, PLLC, we understand the gravity of domestic violence situations and the impact they can have on divorce proceedings. If you are facing domestic violence in the context of a divorce, it is crucial to take immediate action to protect yourself and your children.

Domestic violence is a serious issue, and your safety is our utmost priority. Our experienced attorneys are here to provide you with the legal support and guidance you need to navigate the complexities of divorce while ensuring your protection.

In cases involving domestic violence, we will work closely with you to assess your situation and explore all available legal options. This may include obtaining a protective order to establish a legal barrier between you and the abusive spouse, ensuring that you and your children are shielded from any further harm.

Our compassionate attorneys will help you gather the necessary evidence and documentation to support your case. We understand the sensitive nature of domestic violence matters, and we will handle your situation with the utmost care and confidentiality.

Throughout the divorce process, we will advocate for your rights and ensure that your concerns regarding domestic violence are addressed. We will work diligently to present your case in court and fight for a fair resolution that prioritizes your safety and the well-being of your children.

If you are facing domestic violence and seeking a divorce, do not hesitate to contact Sanchez & Farrar, PLLC. Our experienced attorneys are here to provide you with the legal guidance, protection, and support you need to navigate this challenging situation. Your safety is our top priority, and we will stand by your side every step of the way.

Military Divorce in Austin, Texas 

As Sanchez & Farrar, PLLC, we understand that military divorces have unique considerations and challenges. Military divorce involves the dissolution of a marriage where one or both spouses are serving in the military. These cases often involve complex legal issues that require specialized knowledge and experience.

One key aspect of military divorce is addressing the division of military pensions and benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are divided upon divorce. Our attorneys have a deep understanding of the USFSPA and can guide you through the process to ensure a fair distribution of these valuable assets.

Additionally, military divorces may involve issues related to deployment, custody arrangements when one or both parents are in the military, and the enforcement of court orders across state lines or even internationally. Our team is well-versed in handling these unique challenges and can provide the necessary guidance and representation throughout the military divorce process.

We are dedicated to protecting the rights and interests of military service members and their spouses during divorce proceedings. Our goal is to achieve the best possible outcome for our clients while considering the specific circumstances that military families face. With our knowledge and experience in military divorce cases, you can trust us to navigate the complexities of your situation and provide you with the guidance and support you need.

Choosing the Right Austin Divorce Attorney

When going through a divorce, it is essential to have a skilled attorney by your side to help guide you through the process. Choosing the right Austin divorce attorney can make all the difference in the outcome of your case. Here are some factors to consider when selecting an attorney:

Experience and Knowledge

Experience and knowledge are crucial factors to consider when selecting an Austin divorce attorney. You want an attorney who has a track record of success in representing clients in divorce cases similar to yours. An experienced attorney will have a better understanding of the legal system and can anticipate potential issues that may arise during your case. They can also provide you with a realistic assessment of your case and help you understand your options.

Look for an attorney who focuses in family law and has extensive knowledge of divorce laws in Texas. An attorney who is up-to-date on the latest legal developments can provide you with the best possible representation.

It’s essential to find an attorney who is not only skilled but also compassionate and understanding. Going through a divorce can be an emotional and challenging experience, and having an attorney who can provide emotional support can make a significant difference.

Communication and Availability

Effective communication is critical in a divorce case. Look for an attorney who is responsive to your needs and can provide you with regular updates throughout the process. An attorney who is available to answer your questions and provide guidance can also be a significant asset during a divorce.

Make sure you feel comfortable communicating with your attorney and that they understand your goals and concerns. Your attorney should be able to explain the legal process and any legal jargon in a way that you can understand.

 

The Cost of Hiring an Austin Divorce Attorney

Factors Affecting the Cost of Divorce

There are several factors that can affect the cost of a divorce case. One of the biggest factors is the complexity of the case. If there are many assets to divide or if there are children involved, the case may take longer to resolve and require more legal work, which can increase the cost.

The amount of time required to resolve the case is also a factor. If the case is settled quickly, the legal fees will be lower than if the case goes to trial. Additionally, if there are disputes between the parties that require mediation or arbitration, the cost of the case may increase.

Another factor that can impact the cost of divorce is the need for expert witnesses or other professionals. For example, if there is a dispute over the value of a business or a piece of property, an appraiser may need to be hired to provide an accurate valuation.

Managing Legal Expenses

To manage legal expenses, it is essential to work with your attorney to develop a budget and to understand the costs associated with each aspect of your case. 

Mediation can potentially reduce divorce fees in Austin, Texas, as it provides an alternative dispute resolution process that can be more cost-effective than traditional litigation. Your attorney can also help you identify opportunities to resolve your case amicably to reduce legal fees.

The Legal and Emotional Aspects of Divorce

Our Austin divorce attorneys understand that filing for divorce is far more than just obtaining a legal order. We recognize the gravity of this life-altering decision and the profound impact it can have on your future for years to come. That’s why our team of attorneys is committed to providing compassionate support and guidance during this critical moment in your life.

We take the time to listen to your unique circumstances, concerns, and goals. We believe that every client deserves personalized attention and tailored legal advice. By truly understanding your needs, we can help you navigate the complexities of the divorce process and make informed choices that align with your best interests.

Our attorneys are here to ensure that you have a clear understanding of the potential outcomes and consequences of your decisions. We will explain the legal implications of various options available to you, empowering you to make choices that will positively shape your future.

Preparing for Your Initial Consultation with an Austin Divorce Attorney

Preparing for your initial consultation with an Austin divorce attorney can seem overwhelming, but it is an essential step in the divorce process. By taking the time to gather relevant documents, create a list of questions and concerns, and set realistic expectations, you can ensure that your consultation is productive and informative.

Gathering Relevant Documents

One of the first things you should do before your initial consultation is to gather all relevant documents related to your case. This includes financial statements, tax returns, and any legal documents related to the marriage. By having these documents on hand, you can provide your attorney with a clear picture of your financial situation and any other relevant information.

It is also important to note that some documents may be difficult to obtain, such as bank statements or credit card statements. If you are having trouble obtaining these documents, your attorney may be able to help you obtain them through legal channels.

Creating a List of Questions and Concerns

Another important step in preparing for your initial consultation is to create a list of questions and concerns to discuss with your attorney. This can help you get the information you need and ensure that you choose the right attorney for your needs. Be sure to ask about their experience, fees, and approach to divorce cases.

It is important to remember that your attorney is there to help you, and they should be willing to answer any questions you have. If you are unsure about something or need clarification, do not hesitate to ask.

By working with an experienced attorney and setting realistic expectations, you can increase your chances of achieving a favorable outcome.

When You Need a Compassionate Divorce Attorney with Experience and Strong Values

At Sanchez & Farrar, PLLC, we are deeply rooted in Texas. Our team has lived, studied, and practiced law here. Attorney Jessica Farrar’s extensive service in the state legislature for over 20 years has provided her with valuable insights into issues affecting families. Moreover, attorney Marco A. Sanchez’s background as a social worker brings years of firsthand experience with the challenges families face during divorce.

By choosing our firm, you can expect compassionate support, solid legal knowledge, and a genuine commitment to your best interests. We are here to provide you with the factual and legal information you need, empowering you to make informed decisions that align with your goals and objectives.

Protecting Your Rights and Interests

At Sanchez & Farrar, PLLC, we understand the profound impact that divorce can have on your personal and financial life. That’s why we are dedicated to providing comprehensive legal representation to protect your rights and interests in crucial areas such as child custody, visitation, spousal support, and property division.

At Sanchez & Farrar, PLLC, we recognize the vital role of a divorce attorney in advocating for their clients and securing a fair settlement. Our experienced team is dedicated to providing top-notch legal representation tailored to meet your specific needs and objectives.

During the negotiation process, our attorneys at Sanchez & Farrar, PLLC will guide you through the potential outcomes of your case. We will carefully explain the strengths and weaknesses of your position, allowing you to make informed decisions about when to compromise and when to stand firm.

In the event that negotiations prove unsuccessful, our skilled attorneys are prepared to represent you in court. We will diligently present compelling evidence and persuasive arguments to support your case and strive for a just and equitable resolution.

When you choose Sanchez & Farrar, PLLC as your legal representation, you can have confidence that we will work tirelessly to achieve the best possible outcome for you. Our firm is dedicated to providing personalized attention and compassionate support to guide you through this challenging time.

Reach out to us at Sanchez & Farrar, PLLC, and let our experienced team guide you with care through the divorce process. Your future deserves our dedicated support.

Contact Us to Start Your New Beginning with Confidence

With Sanchez & Farrar, PLLC by your side, you can trust that we will advocate for your rights, protect your interests, and guide you towards the best possible outcome in your divorce proceedings. We are dedicated to helping you make the best choices for your future, providing you with the support and legal representation you need during this transformative time. 

Your well-being and future are our top priorities, and we are honored to stand by your side as you navigate this significant chapter in your life. Let us help you navigate this difficult time. Schedule your consultation with our Austin Divorce attorney today at 512-379-6985.

Our offices are fully bilingual with every member of our staff fluent in English and Spanish.

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