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Austin Divorce Attorney

As a compassionate, dedicated Austin divorce attorney, Aishah McCoy is ready to protect your best interests and your future.

Divorce Lawyer Austin, TX

As experienced lawyers, we understand the emotional and financial impact of a divorce. Often, the divorce process is overwhelming and difficult to navigate. With our firm on your side, you have a skilled, passionate advocate to help you navigate these troubled waters. 

You need a divorce lawyer Austinites depend upon to protect your legal rights. At The Law Office of Aishah McCoy, our legal counsel focuses on family law. This focus ensures you have effective representation even in the most difficult matters. We partner with you to explore your options and find the path forward that meets your best interests. 

Whether you need relief, closure, or someone to fight for you, our legal staff is ready to assist you. Contact us today to schedule your initial consultation with our Austin divorce lawyer.

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    What Are the Grounds for Divorce in Texas?

    In Travis County and across Texas, there are two types of grounds for divorce:

    • Fault-based
    • No-fault 

    A fault-based divorce alleges that the behavior of a spouse is the cause behind the separation. A no-fault divorce is when both partners agree that their marriage has no support due to discord and conflict. This discord eliminates the foundation of the relationship, removing the expectation of reconciliation. 

    Under the Texas Family Code, the specific grounds for divorce include insupportability (no-fault), adultery, conviction of a felony, living apart, cruelty, abandonment, and confinement in a mental hospital.

    Typically, few people file for divorce on fault-based grounds. The core reason for this is that the Petition for Divorce is a public document. Generally, couples don’t want their private issues on display.

    Contact Austin divorce attorney Aishah McCoy to learn more about your options.

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    Going through a divorce stinks for everyone but with Aishah on your side you know that you have someone fighting for you and supporting you every step along the way. She and her team were very communicative and responsive. If you need a divorce attorney in Austin, Aishah is the best.

    – Tan

    Why Work With Our Firm

    With You Every Step of the Way

    You and your case are unique. While many Austin family law attorneys use a formula to resolve divorce cases, we know this doesn’t serve your best interests. At our law firm, we dedicate ourselves to pursuing the best interests of every client. 

    This requires personalized attention to every case because every case has factors and variables that set it apart. Through extensive preparation and dogged determination, we fight for the best possible outcome for your case.

    Divorce matters we handle:

    • Alimony & spousal support
    • Child custody
    • Child support
    • Collaborative divorce
    • Division of property
    • Modifications

    The Types of Divorce

    The divorce process takes on many forms. That’s why partnering with an Austin divorce attorney you trust is so important. The details of your case can make matters simpler or more challenging, but we are ready to fight for you no matter the issue. 

    Contested Divorce

    In a contested divorce, the couple involved cannot agree on an issue. Unfortunately, these legal matters may require a trial setting, where a judge can determine the outcome. 

    Ideally, you come to an understanding with your ex. However, there are times when neither party is willing to negotiate on a matter worth pursuing. While some aspects of the case are worth your time and energy, others are not. 

    With an experienced divorce lawyer, Austin couples have someone to help them understand their situation.

    Uncontested Divorce

    This is a no-fault situation, also known as a collaborative divorce, in which both parties agree to the separation. Still, while the big picture is clear, separations involve difficult conversations that may become negotiations. Your attorney can represent your interest to ensure you receive fair terms.

    The divorce process requires that you split your community assets with your former spouse. Property division often complicates matters, especially when it involves high-value assets. 

    Texas law requires that you divide assets in a “just and right” way. Our Austin divorce attorney fights on your behalf to maintain your claim on the items that matter to you.

    austin divorce attorney

    Austin Divorce Attorney FAQ

    It’s common to have questions when it comes to divorce. From filing a petition for divorce to annulling a marriage, it’s a complex and emotional process. Below, we cover some of the common questions that come from clients. 

    Whether you see an answer or not, our legal team is here to help you build a better future.

    Grounds for divorce is a common concern. Our lead lawyer is an Austin divorce attorney with years of experience. They have experience with various issues. They can help you file the necessary documents. 

    Conviction of a Felony

    A spouse received a felony conviction and served at least one year in incarceration without receiving a pardon. However, if one spouse’s testimony results in the other’s conviction, this may not apply. 


    Abandonment occurs when one partner leaves the other and their family. It is not just a physical absence, but also a mental one with the intention of not returning. The minimum duration of abandonment is one year. 


    When there are irreconcilable differences between spouses, a court may grant a no-fault divorce. 


    Couples who live apart for at least three years can list “living apart” as grounds for divorce. 

    Adultery or Cheating

    When a spouse cheats or commits adultery, it’s possible to use this as grounds for separation.


    If one spouse treats the other cruelly, it is grounds for divorce. However, the level of cruelty must exceed trivial disagreements and grow intolerable or insufferable. 

    Confinement in a Mental Hospital

    Spouses can file for divorce if their partner has been in a mental hospital for at least three years. Specifically, this means it is unlikely that they will adjust, and if they do, they are likely to suffer a relapse. 

    Navigating a divorce can feel daunting, especially when uncertain of the initial steps to take. As a leading Austin divorce lawyer, our firm is here to simplify this process for you. Here’s a brief outline.

    • Residency Requirement: Ensure you or your spouse have lived in Texas for a minimum of 6 months and in the county of filing for at least 90 days.
    • Petition for Divorce: The first official step is filing a ‘Petition for Divorce’ with the local district court. This document details your marriage, children (if any), and the reason for divorce.
    • Temporary Orders: If needed, request temporary orders for child custody, property possession, etc., during the divorce process.
    • Service of Process: Your spouse must receive a copy of the divorce petition. 
    • Response: Your spouse has the right to file a response within 20 days plus the next following Monday.

    This overview gives a basic understanding of the Texas divorce process. However, every situation is unique and may require specialized guidance. Consult with an experienced Austin divorce attorney to protect your interests throughout the process.

    Understanding your rights in a divorce is crucial. With a seasoned Austin divorce lawyer, you have someone to help you handle property division, support, and more.

      1. Division of Property: Texas follows the ‘community property’ law. This requires that a couple divide all assets acquired during the marriage fairly (not necessarily equally). This can include real estate, cars, savings, retirement accounts, and more.
      2. Spousal Support: When a wife can’t meet her minimum reasonable needs, she may receive spousal support. The court will assess the spouse’s ability to support herself, the financial resources available, and other factors.
      3. Child Custody & Support: If the divorce involves children, court decisions defer to the best interests of the child. Both parents have an obligation to support their children financially.
      4. Professional Fees: In some cases, the court might order one spouse to pay the other’s attorney’s fees.

      Each divorce case is unique, so this is a generalized overview. To understand your specific entitlements in a Texas divorce, consulting with a knowledgeable Austin divorce attorney is advisable.

      Contact an Austin Divorce Attorney

      When it comes time to dissolve a marriage, it’s never simple or straightforward. However, having experienced legal counsel on your side makes managing the process easier. At The Law Office of Aishah McCoy, our Austin divorce lawyer understands the complex natural of Texas family law. 

      As you consider your next steps, it’s important to understand your options. Call (214) 507-0892 or send us a message to schedule your consultation.

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