Austin Divorce Attorneys
Lawyers Fighting for Your Interests
At Peek and Toland, we are experienced Austin divorce lawyers. No matter which side of the divorce proceedings you are on, we will listen carefully and explain how the law affects you in your situation.
Let an attorney answer any questions you may have regarding divorce, child custody, alimony, and other family law matters.
Types of Divorce: No-Fault vs. Fault
In the state of Texas, both fault and no-fault divorce is recognized. A spouse can be found at fault if he/she committed some form of misconduct such as adultery or domestic violence. If a judge decides that there is fault in the separation of marriage, property distribution and other factors will be weighted differently.
A no-fault divorce is granted when no marital misconduct can be found.
Regardless of your circumstances, our team of lawyers has vast experience in helping our clients through property division, custody disputes and child support.
Divorce Resolution Through Settlement
Settling outside of the courtroom is often the most common and amicable resolution you can hope for. In general, it saves you a lot of the stress, courtroom expenses, and confrontation. When possible and when it suits our clients interests, we look to settle out of court; however, we are always prepared to go to battle for our clients in the courtroom. Consult with an Austin divorce lawyer immediately to protect your interests and family.
We know things change. Know that we at Peek and Toland are always a resource for you in whatever stage of your divorce. We can assist you with post-judgment modifications to alimony awards, child support, custody, or visitation arrangements.
Divorce is a trying time in your life and we strive to make the process as smooth and stress-free as possible. We treat our clients like family and become familiar with the particular circumstances of your case to help you achieve the best resolution for your future.
Divorce Frequently Asked Questions
What is going to happen to the property my spouse and I own?
Texas is a community property state, meaning the property is divided equally between the spouses, unlike the majority of other states, which are equitable property states. In a divorce, the Court will determine a division of property based on what it finds is just and right taking into account the rights of the parties and any children from the marriage. The Court will look at not only the spouses’ joint property, but also any pensions, retirement plans, annuities, individual retirement accounts, employee stock option plans, stock option, or any other form of savings, bonus, profit-sharing or other employer plan or financial plan of an employee or participant.
Does Texas have alimony or spousal support?
Yes. The Court can make a determination that one spouse is entitled to spousal support in Texas. However, the Court will only make a determination of spousal support in the following situations:
- The spouse is unable to support himself or herself because of an incapacitating physical or mental disability, which makes him or her unable to procure appropriate employment.
- If the marriage resulted in a custodial child who requires substantial care and personal supervision because of a physical or mental disability, then the Court may provide spousal support if the spouse seeking spousal support is unable to be employed outside the home because of the child’s necessary supervision and care.
- The spouse’s minimum reasonable needs cannot be met because the spouse clearly lacks earning capacity and ability in the current labor market.