(512) 341-9233

(512) 341-9233

High-Quality Representation
With A Personal Touch

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Experienced Divorce Lawyer In Round Rock, Texas

Divorce can be a long, emotional process. You need a lawyer who takes the time to gather all the information to build and strengthen your case. Our team at Winnie A. Bates, Attorney at Law, is made up of experienced divorce lawyers in Round Rock. Our attorneys will make sure you’re prepared for whatever comes your way throughout the process. While we hope for a settlement, we’re ready to take your case to court to fight for your best interests, if needed.

Addressing Your Divorce Questions

Divorce is a complex process, filled with legal nuances and emotional challenges. At Winnie A. Bates, Attorney at Law, our attorneys are dedicated to providing compassionate guidance and straightforward answers to your questions so you can make informed decisions about your future.

What are the requirements for divorce in Texas?

To file for divorce in Texas, at least one spouse must have resided in the state for the past six months and in the county where the divorce is filed for at least 90 days. There’s also a 60-day waiting period between filing the petition and the court granting the divorce.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all issues, including property division, child custody and support. This type of divorce is typically faster and less expensive. A contested divorce, on the other hand, arises when spouses disagree on one or more issues, necessitating court intervention and potentially leading to a trial.

Is it a 50/50 split in a Texas divorce?

Texas is a community property state, which means all property acquired during the marriage is presumed to be owned equally by both spouses. However, the court aims for a “just and right” division of assets, considering factors such as each spouse’s earning capacity, contributions to the marriage and fault in the breakup.

Do I have to support my spouse after a divorce?

In some cases, one spouse might be required to pay spousal support or alimony to the other after the divorce. The court considers factors like the length of the marriage, each spouse’s earning capacity and any history of family violence when determining spousal support.

Can a spouse refuse a divorce in Texas?

While a spouse can contest the grounds for divorce or specific settlement terms, they cannot ultimately prevent the divorce from being finalized. If one spouse meets the residency requirements and files for divorce, the court will grant it even if the other spouse objects.

Divorce is never easy, but having experienced legal counsel can make a significant difference. Our compassionate attorneys at Winnie A. Bates, Attorney at Law, are ready to help you navigate the process and protect your interests.

Common Law Marriage And Divorce In Texas

Common law marriage, also known as informal marriage, is a legally recognized marital relationship in Texas that does not require a formal ceremony or marriage license. Texas law allows couples to establish a valid marriage if they meet specific criteria, granting them the same legal rights and responsibilities as traditionally married spouses.

Requirements For Common Law Marriage In Texas

To be legally recognized as a common law marriage in Texas, a couple must meet three essential requirements:

  • Agree to be married: Both individuals must mutually consent to the marriage, either verbally or through their actions.
  • Live together as a married couple: In Texas, cohabitation must occur and the couple must present themselves as spouses rather than roommates or dating partners.
  • Represent themselves to others as married: The couple must hold themselves out to the public as married, which may include using the same last name, filing joint taxes, sharing bank accounts or introducing each other as spouses to other people.

If all three elements are present simultaneously, the couple may be considered legally married under Texas common law. This recognition grants them the same legal protections and obligations as those in a formal marriage.

Divorce For Common Law Marriages In Texas

Ending a common law marriage in Texas requires a formal divorce process, just like a traditional marriage. The dissolution of a common law marriage follows the same legal procedures, including property division, spousal support and child-related considerations. The steps include:

  • Filing for divorce: One spouse must file a petition for divorce in the appropriate Texas court.
  • Proving the marriage existed: If the marriage is disputed, the spouse seeking divorce may need to provide evidence that the relationship met the legal criteria for common law marriage.
  • Division of assets and debts: Texas follows community property laws, meaning assets and debts acquired during a common law marriage are subject to equitable division.
  • Child custody and support: If children are involved, the court will determine custody arrangements and child support obligations.

Since common law marriages hold the same legal weight as formal marriages, the divorce process is equally binding. Proper legal representation can help you navigate the complexities of proving the marriage and ensuring a fair resolution.

We Always Keep Your Best Interests In Mind

When couples fight throughout the divorce process, it can drag out the proceedings. Our team of attorneys makes the process go as smoothly as possible. Filing for a petition often demands more than expected. We’ll walk you through each step so you’re always prepared. We’ll help you negotiate or fight for:

  • Child custody
  • Alimony
  • Child support
  • Equitable distribution of assets

Even if you believe your divorce will be amicable, hiring an experienced attorney is a valuable investment in your future.

Reach Out To Our Experienced Divorce Lawyer Today To Learn More

Get professional legal counsel for your divorce. Contact the firm online or call (512) 341-9233 today to schedule a consultation with a divorce lawyer in Round Rock.

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