Divorces in Texas: What Kind of Lawyer Do I Need to Hire?

divorce in Texas requires a seasoned navigator in the legal landscape. The question on many minds is, “What kind of lawyer do I hire for divorce?” This pivotal choice can significantly impact the outcome of your case, from asset division to custody arrangements. Let’s explore the essential qualities and specializations you should seek in a divorce attorney to ensure your interests are effectively represented.

The Texas Divorce Lawyer

During phone calls with potential clients, a common question is whether a Houston divorce necessitates legal assistance. It goes without saying that every divorce is different. The general framework to all divorces is the same. The question is, “What kind of lawyer do I need to hire for my Texas divorce?”

Our attorneys advise every potential or new client that, for a court to approve and finalize any divorce, the final orders must be addressed:

  1. dissolving the marriage
  2. dividing property/debts
  3. determining custody/possession/access/visitation/support for the child(ren)

The Divorce Process: A Closer Examination

At first glance, navigating through a divorce might seem straightforward, perhaps even deceptively simple. In an ideal scenario, both parties would agree on all terms, leading to what is known as an uncontested divorce. This ideal, however, is more of an exception than the norm. The reality is that uncontested divorces are quite rare, and the process often reveals itself to be more complex than initially anticipated.

From the onset, various aspects of a divorce can become unexpectedly complicated. This complexity can stem from numerous factors, including the division of assets, child custody arrangements, alimony, and other legal considerations. Often, both parties enter the process with a belief in their ability to navigate these waters smoothly, only to find that their expectations do not align with reality.

The divergence between expectations and reality underscores the importance of thorough preparation and expert guidance. It highlights why selecting a skilled divorce lawyer, who can adeptly handle the intricacies of the process, becomes crucial. Understanding the potential hurdles and preparing for the complexities that might arise are key steps in ensuring that the divorce process proceeds as smoothly as possible, safeguarding your interests and facilitating a fair resolution.

Making the Right Choice

A party interested in divorcing their spouse is best represented by a family law attorney. A Texas family law attorney knows how to draft and file the initial documents of a divorce (either a Petition or Answer). Thereby ensuring that your case gets off the ground efficiently. It’s important to note that unless a party requests something in their Petition or Answer, they are not entitled to receive it from a court. Temporary spousal support, a specific kind of conservatorship of the kids or child support are examples of items which the court cannot grant you unless initially requested in your filing document(s).

Another, less talked about, difficulty that parties run into during the divorce is the sheer length of the process. At a minimum (with some exceptions) the divorce process in Texas takes sixty days from the date one party files their Petition. A majority of divorce cases last longer, even if the parties agree on nearly every one of the items listed earlier in this blog post. The lengthy time commitment can produce frustrated parties. An experienced family law attorney in Houston, Texas can help their client keep an even keel throughout the case.

Family Law Attorneys: A Lending Hand

Finally, a family law attorney knows the law better than a non-attorney or an attorney that practices in another area. Each area of law has their own specific set of rules and it is best to entrust your case to someone who has seen facts similar to your cases in order to receive prudent advice. They will learn that there are multiple ways to achieve a particular goal. Solutions are what family law attorneys are paid to achieve for their clients.

A Texas Divorce Lawyer

The Law Office of Bryan Fagan, PLLC

The Family Law attorneys at The Law Office of Bryan Fagan, PLLC epitomize the ideal blend of solution-oriented and client-focused representation that is crucial during the challenging times of a divorce. Trusted by individuals and families alike, our team is committed to navigating you or your loved ones through the complexities of divorce with empathy, dedication, and unwavering support. Our approach ensures that your interests are prioritized and your rights are protected every step of the way.

Book an appointment with Law Office of Bryan Fagan using SetMore


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  1. Do I Need a Lawyer in Texas to Get a Divorce?
  2. Divorces in Texas: What kind of lawyer do I need to hire?
  3. How important is having an attorney for your divorce in Texas?
  4. Positive qualities to search for when interviewing a family law attorney
  5. Tips for hiring a divorce attorney in Texas
  6. 9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them
  7. Child Custody Basics in Texas
  8. 6 Mistakes that can Destroy Your Texas Divorce Case
  9. 10 Quick Tips About Parental Visitation
  10. Does it Matter who Files First in a Texas Divorce?

Frequently Asked Questions

How much does a divorce attorney cost in Texas?

Divorce attorney fees in Texas can vary widely based on several factors, including the complexity of your case, the attorney’s experience, and your location within Texas. On average, you might expect to pay between $2,500 and $5,000 for a simple uncontested divorce. However, complex cases involving high-conflict issues or substantial assets can cost considerably more. It’s essential to discuss fees and payment structures with your chosen attorney to get a clear understanding of the costs involved.

How much does a Texas divorce cost?

The total cost of a divorce in Texas depends on various factors, such as attorney fees, court filing fees, and any additional expenses related to your specific case. On average, a straightforward uncontested divorce in Texas might cost between $5,000 and $15,000. However, if your divorce involves disputes over child custody, property division, or spousal support, the cost can increase significantly. It’s advisable to consult with a divorce attorney to get a more accurate estimate based on your unique circumstances.

What is the 10 year rule in divorce in Texas?

The “10-year rule” in Texas divorce refers to the duration of marriage and its potential impact on spousal maintenance (alimony). In Texas, if a couple has been married for ten years or longer and meets certain other eligibility criteria, the court may award spousal maintenance for a longer duration. However, the length of the marriage is just one factor the court considers when determining spousal maintenance; other factors like financial need and the ability to pay also play a significant role.

Is Texas a 50 50 divorce state?

No, Texas is not a strict “50/50” divorce state regarding property division. Texas follows the principle of community property, where marital property is divided in a manner that is just and right, but not necessarily equal. Marital property is generally divided based on factors like each spouse’s contribution, earning capacity, and other relevant circumstances. While an equal division (50/50) is possible in some cases, it’s not a strict requirement, and the court aims to achieve a fair distribution based on the specific details of the marriage and assets involved.

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