Get Help From Experienced Austin Divorce Attorneys Who Know SAPCR
Last updated on December 22, 2023
While most everyone knows what a divorce is, the term “SAPCR” (suit affecting the parent-child relationship) is generally unrecognizable outside of the family law community in Texas. An SAPCR refers to a lawsuit focused on the best interests of a child.
At Izzo & Associates, PLLC, our team knows that most judges in the state of Texas prefer that parties settle their cases as peacefully as possible, especially when children are involved. While this is not always achievable due to the nature of an adversarial dispute, our divorce attorneys in Austin and Round Rock use their knowledge and experience of family law to attempt negotiated settlements, saving time and money and avoiding emotional distress for both the adults and young ones involved.
How Our Team Starts These Cases
In most people’s minds, the first step in a divorce or an SAPCR action is to file a petition with the court immediately. By speaking with our clients upfront, our divorce lawyers in Austin and Round Rock can explain the ins and outs of their specific legal process since no two cases are alike. Sometimes, it is best to advise a client to take certain steps to enhance their position before our attorneys file a petition.
In other situations, our lawyers advise filing immediately to place a client in the first position before the court or in child endangerment situations. This allows our team to also file a request for a temporary restraining order to inhibit an opponent from harming a child.
In a typical nonemergency situation, once an initial strategy is established with the knowledge and agreement of our client, a pleading must be filed in the local court of record. The opposing party must then either be served with due process, or they must agree to sign a waiver of service for due process to be established. In other words, the opposing party must be notified of the lawsuit.
What Is Required To Initiate A Divorce In Texas?
Texas is what is called a “no-fault” divorce state. Traditionally, numerous other states have required a minimum of one year of separation time for a divorce to be granted or for fault to be established (such as physical or mental abuse or adultery). State law only needs one party to believe that the marriage has ended in order for a divorce to proceed.
Any form of inappropriate behavior harming others may be incorporated into any case, regardless of whether it’s child related. Our Austin divorce lawyers will discuss pleading fault further in our property and debt section on this website. However, if the custodian of a child has committed an act that is not in the child’s best interests in either a divorce or an SAPCR action, then that will be taken seriously by the court, and steps will be taken to protect the child.
Building Your Austin Divorce Case
A necessary legal tool that our attorneys can use to glean the evidence needed to advance or complete our clients’ cases involves conducting various forms of discovery. Our Austin divorce lawyers are adept at developing and sending out discovery requests, including:
- Requests for the production of documents
- Subpoenas for information from third parties
- Interrogatories (written questions)
- Depositions (questioning the opposing party in front of a court reporter under oath)
- Business or medical record affidavits
- Developing and sending out requests for admissions, which require the opposing party to admit or deny specific facts for the record
Conducting discovery can, in the appropriate circumstance, assist our clients in locating assets and debts and in collecting proof of fault or fraud. It should be noted that unless the above tools are necessary for your case, our team at Izzo & Associates, PLLC, can conserve time and costs for our clients by settling divorces via other means.
What Experience Does Our Team Have In Family Law And Divorce Matters?
When you have an important family law issue on your mind, you want an Austin divorce attorney with experience. At Izzo & Associates, PLLC, our lawyers have more than 20 years of experience handling a wide range of family law problems. There is no situation that they are afraid to tackle.
Whether you are going through a difficult divorce, trying to assert your rights to visitation with a child, wanting to secure the proper amount of spousal or child support or need to address another family law concern, our team has the experience you can rely on to advance your goals.
How Do Our Attorneys Approach Negotiations And Court Appearances In Divorce Cases?
Our divorce lawyers treat our clients like family, offering personal attention and consistent communication. They use our experience to help simplify the legal processes faced by spouses, unmarried partners, grandparents and any other individuals who may be involved. They are particularly concerned with the well-being and rights of any children involved in each situation.
Before your Austin divorce case even goes to the negotiating table, our attorneys can use all the legal tools at their disposal in discovery to gather the evidence they need to support your position. That allows them to take a strategic approach to negotiations that can often be successful.
If negotiations fail, however, you will find that our attorneys are aggressive, unrelenting advocates in the courtroom. They always hope for a peaceful resolution to every dispute, but they are not afraid to fight for our clients in court. That makes our team a formidable power in every situation and a continual source of ongoing support for those it represents.
Let Our Austin Divorce Lawyers Stand Up For Your Needs
If you are ready to meet with a divorce attorney in Austin whom you can trust to have your best interests in mind, contact us today. Call 512-982-1161 or email us here to schedule your initial consultation today.