Divorce law Information Center
Texas has over 90,000 divorces in an average year
At the Law Offices of Greg Gegenheimer, the focus is on family. Attorney Greg Gegenheimer has helped hundreds of families in Austin and throughout Central Texas, in all areas of family law including divorce, child custody, child support, mediation, and modification. He is a certified mediator and often able to help resolve situations before they go to court. If a trial is inevitable, he is an experienced and aggressive litigator with over 29 years of successful trial experience.
At the Law Offices of Greg Gegenheimer, the focus is on family. Attorney Greg Gegenheimer has helped hundreds of families in Austin and throughout Central Texas, in all areas of family law including divorce, child custody, child support, mediation, and modification. He is a certified mediator and often able to help resolve situations before they go to court. If a trial is inevitable, he is an experienced and aggressive litigator with over 29 years of successful trial experience.
Texas Divorce - An Overview
Contemplating divorce is always difficult. Involving a knowledgeable Texas family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.
Grounds for Divorce
A divorce is a method of terminating a marriage contract between two individuals. In Texas, divorce can either be "no fault" or fault-based. No fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault (show that the other party caused the breakdown of the marriage). Under no fault rules, either party may obtain a divorce, even if the other spouse does not consent to the divorce. Married people can get a no fault divorce if their marriage has become "insupportable" or if the couple has been living apart for three years.
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Division of Property in Texas
When there is little or no marital property, no children, no issues of spousal maintenance, amicable spouses can usually obtain a quick divorce by making a divorce agreement and having a judge approve it. Most divorces, however, are quite different and far more complex. The typical Texas divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.
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Questions to Ask During Divorce
Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways, it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with your attorney.
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Texas Divorce Resource Links
American Bar Association - Family Law
Tables and summaries of the law in the 50 states
Texas Divorce Law
Specifics on Texas laws related to divorce
The Legal Information Institute
A trusted resource for learning more about divorce law
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Frequently Asked Questions about Texas Divorce
What is a legal divorce?
A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple's assets and debts, and determine the care and custody of their children. In Texas, divorces are either fault-based or no-fault.
What is a no-fault divorce?
Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no-fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can get no-fault divorces if the marriage has some "unsupportable" because conflict has destroyed the legitimate ends of the relationship. No-fault divorces can also be granted if a couple has been living separately without cohabitation for three years.
What is a fault-based divorce?
A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. In Texas, the allowable grounds include adultery; abandonment; confinement for incurable insanity for three years; felony conviction and imprisonment for over one year; or cruel and inhuman treatment. The spouse against whom the divorce is sought can use a defense that the divorcing spouse condoned the behavior, but the court will only allow that defense if there appears to be a good chance of reconciliation between the parties.
A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple's assets and debts, and determine the care and custody of their children. In Texas, divorces are either fault-based or no-fault.
What is a no-fault divorce?
Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no-fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can get no-fault divorces if the marriage has some "unsupportable" because conflict has destroyed the legitimate ends of the relationship. No-fault divorces can also be granted if a couple has been living separately without cohabitation for three years.
What is a fault-based divorce?
A "fault" divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. In Texas, the allowable grounds include adultery; abandonment; confinement for incurable insanity for three years; felony conviction and imprisonment for over one year; or cruel and inhuman treatment. The spouse against whom the divorce is sought can use a defense that the divorcing spouse condoned the behavior, but the court will only allow that defense if there appears to be a good chance of reconciliation between the parties.
Family Law Litigation is the most personal and emotional area of law. In 31 years I have seen virtually every side of domestic disharmony that unhappy people can generate, and divorce is an unhappy and very emotional event. I take the extra time to get to know my client's personal sitution and understand his or her individual problems. I have an aggressive personality. Once my client and I have established our goals, I am single-minded in achieving those goals.