When Should
I Contact a
Divorce Lawyer?
In the event of a divorce, it is never too early to start discussing the divorce process with a reputable attorney. In many cases, the sooner, the better – you will be making life-changing decisions, and it is essential that you have reputable advice and guidance.
It is important to remember that a divorce decree is legally binding, and factors in items including, but not limited to, child custody, spousal support, and child support.
If you are considering a divorce or believe you will be issued divorce papers in the near future, you should contact an experienced family law attorney as soon as possible. At Skillern Firm Divorce & Child Custody Lawyers, we believe a supportive attorney-client relationship is the foundation of a successful divorce case.
Contact our law firm today at (713) 229-8855 to talk to a divorce lawyer about your individual case.
What Is The Legal Process For A Divorce In Texas?
The first step in any divorce is to file a suit for divorce to the Texas family legal services. To file for divorce in a state, you and your spouse must have resided in the state of Texas for 6 months and in your county of residence for 90 days.
After the initial filing, the Petitioner must then detail the reasons for the divorce. The state of Texas allows for no-fault divorces, whereby a marriage has broken down due to no fault of either spouse. Alternatively, you can file a fault divorce whereby the marriage has broken down as a result of adultery, abuse, or abandonment.
After that, the other spouse will have a period of time to respond to the divorce papers. Then the legal process can take two routes. Firstly, is an agreed divorce with an informal settlement whereby the spouse’s divorce attorney will settle the documentation and formalities. Alternatively, a divorce could be seen before a Judge in a court with spouses giving evidence.
In either circumstance, an experienced divorce attorney is imperative in ensuring a seamless transition through the divorce process.
How Quickly Can I Get A Divorce?
Typically, divorces in Texas are smooth processes when both parties agree to all elements of the divorce. The fewer disputes a divorcing couple have, the quicker the process should be and the less time needed to finalize the divorce. A divorce can be sped up if the two spouses agree on the following factors:
- The division of marital assets.
- Child custody and visitation.
What Is The Waiting Period For A Divorce In Texas?
Under the Texas Family Law, a court will not grant a divorce until 60 days have passed since the initial filing of the divorce. If the two spouses agree to the terms above, the process should not take much longer after the waiting period. This waiting period also allows couples to change their mind about the divorce.
In addition, Texas does not have a mandatory separation period. Other states may require two divorcing spouses to live separately prior to filing for a divorce. However, this is not the case for Texas.
What Are The Grounds For A Divorce In Texas?
As Texas is a no-fault divorce state, a spouse does not need to rely upon a significant reason for the separation of the marriage. When filing for a divorce, you will be required to explain the reason why, and we have included some of these grounds.
- Abandonment.
- Adultery.
- Inhumane or cruel treatment.
- 3 years confinement for incurable insanity.
- Conviction of a felony which resulted in 1 year imprisonment.
- Insupportability.
Insupportability is the ground for many divorces in recent years, meaning the ‘conflict of personalities’. This allows couples to separate due to the natural ending of the relationship.
What Issues Should Be Addressed With A Divorce Attorney?
Within any type of divorce, there are multiple factors that must be discussed to ensure a fair divorce. A reputable divorce lawyer will ensure these factors are considered and discussed fairly in your divorce process.
- Property division – as Texas is a community property state, any high-value assets acquired during the term of the marriage may be subject to property division
- Child support – in Texas, the non-custodial parent is likely to be ordered to pay child support to financially support the parent with child custody
- Child custody – a custody arrangement will need to be detailed as part of the divorce proceedings. This will contain details about visitation time, residency, and decision-making – if these elements cannot be agreed upon by the spouses then a court will decide.
Can An Attorney Support My Case After A DIY Divorce?
Divorces are complicated processes which is why divorce attorneys attend law school for many years in order to support their clients thoroughly through every step of a divorce. In Texas, a client can technically represent themselves in a divorce case, however, each divorce is unique and complex.
Therefore, to ensure you understand each step of the process, it is recommended to hire an experienced divorce attorney to enhance your chance of gaining what you want from the divorce. In addition, self-representation can result in additional unnecessary stress and financial losses.
Even as divorce enters emotional stages, a divorce lawyer will be able to remain objective and calm, supporting you to also feel calm in knowing your best interests are understood and fought for. Prior to choosing one attorney, it is imperative to interview several experienced attorneys and choose the one you feel most comforted and supported by.
How Does Cheating Impact A Divorce Process?
Infidelity is one of the main reasons for divorce across the world. In Texas, there is a no-fault divorce law – meaning that spouses can choose to separate without one significant cause, therefore one spouse cheating on the other spouse does not have a large impact on the divorce process or child custody decisions. However, a Judge can take it into account during the division of marital property.
For cheating to be discussed during the divorce process, it must be admitted or proven with evidence. It cannot be based upon suspicion alone. If you have been the victim of an unfaithful spouse, discuss your options with a reputable divorce lawyer to determine which steps to take next.
Contact A Divorce
Attorney Today
When it comes to filing a divorce, it is best to contact an attorney at the earliest opportunity. An initial consultation would provide you with all the tools to begin the process with confidence and the support of an experienced lawyer during every step.
If you are considering a divorce or have recently received divorce papers, contact our law firm today at (713) 229-8855
Schedule A Consultation Today
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