Texas Divorce in 7 Steps: The Initial Consultation

This is where it all begins…the start of a new chapter in your new life. Very few people dream or plan for a divorce as they walk down the aisle to get married. Yet at one time the U.S. Department of health and Human Services reported that over 50% of American marriages will end in divorce.

This number has been on the decline however the truth still holds that many marriages will not make it. The reality is for those who are contemplating or living through a divorce the could care less whether the statistic is 50% they are more interested in getting through the Texas divorce process.

It may sound confusing to think of divorce as a fresh start but for many this will truly be the case. A divorce can help you reach your goal to become free and to start again. On January 18, 2017 after much consideration the Law Office of Bryan Fagan, PLLC advertised a contest for a Free Divorce for Valentine’s day.

As of the writing of this blog post it has been:

  1. Liked 84 times on Facebook
  2. Shared 55 times on Facebook
  3. The webpage one which the contest is advertised has been viewed 486 times
  4. Hundreds of people have entered the contest

Many of the commentators on Facebook found the contest humorous. However, from reviewing the applications I can say a divorce for the applicants would not be humorous but liberating. Unfortunately for many of the applicants their marriages were not like in the movies for some:

  1. Their spouses were now in prison
  2. They had been subject to physical and mental abuse
  3. Rape
  4. Grown apart and separated for years but could not afford a divorce

How Do I Choose a Texas Divorce Lawyer?

The first step in this journey is finding and meeting with a Texas divorce lawyer. What should you look for in your divorce attorney? It is best to find a lawyer who does nothing but divorce and family law or at least has divorce as a large portion of his/her law practice.

Sometimes people incorrectly believe that divorce is nothing more than filling out some forms. Those people usually have never actually filed a divorce case or if they have, do not know enough to know that they don’t know enough.

The Legal Ramifications of Marriage and Divorce

While I was writing the blog post. A consult came by and I explained the divorce process to him. After the consult was over he commented that people should be forced to take a marriage course regarding the legal ramifications are before they can get married.

He was not alone in his sentiments I have had more than one consult say the same thing. This is because many people do not realize that a divorce involves more than just turning someone from a married person to a single person. A divorce is really three lawsuits involving at its most basic level:

  1. The Divorce
  2. Property and Debts
  3. Children

What I tell people in my consults to help them understand is that in a lot of ways marriage is literally a partnership. If you talk to a business lawyer about legal entities for doing business in Texas, you will be cautioned about doing business as a partnership.

This is because with a partnership:

  1. There is no or very little protection against assets being the subject of lawsuits
  2. A partner can enter agreements for debts and loans and the other partner can be liable for these agreements and debts
  3. Unless there is a partnership agreement dividing up assets and debts can be expensive and convoluted should the partnership dissolve.

Much like a little partnership dissolving a marriage can be just as confusing but often to a greater degree. Unlike a partnership dissolving a marriage often involves other family law issues such as children.

The Initial Consultation

I have written a few other articles on the initial consultation. This is a time for you to interview your potential lawyer and also a time for the divorce lawyer to interview you to see if you would be a good client.

What makes a good client? A good client:

  1. will be totally honest with the lawyer.
  2. A good client will respond timely with requests for documents and information.
  3. It is important to realize that you will be actively involved in the divorce process.
  4. It is not a situation where you can just drop off your bills and then not think about it again.
  5. It is vital that you are involved in every step of your divorce case.

The initial consultation is a time for you to:

  1. get information about the different kinds of divorce (uncontested divorce vs. contested divorce) and
  2. for you to get some idea of what the process will be like in your specific case.

The attorney/client privilege applies to the initial consultation so feel free to discuss all of your concerns with the attorney.

Being open and honest with your lawyer will help you avoid problems during your divorce case. Never assume that an asset is protected or that you do not need to disclose information to your lawyer. Disclose everything and your lawyer will advise you on the best steps to take.

You should leave your initial consultation with a good idea about the issues in your divorce case, what the general divorce process involves, and a general idea what divorce will cost in your case.

Some clients that come in to meet with us have been thinking of making the leap and are ready to get their case filed. If you are not sure, take your time, talk to your lawyer, and get a game plan in place that will best suit your situation.

Book an appointment with Law Office of Bryan Fagan using SetMore


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce

Divorce Wasting Assets[4]If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: 13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!

Other Articles you may be interested in:

  1. 6 things You Need to Know Before You File for Divorce in Texas
  2. I Want a Texas Divorce but My Husband Doesn’t: What can I do?
  3. Am I Married? – Marital Status in Texas
  4. Can I sue my spouse’s mistress in Texas?
  5. 6 Tips – On How to prepare for a Texas Divorce
  6. Roadmap of Basic Divorce Procedure in Texas
  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?
  11. What to expect during your initial consultation
  12. How to Prepare for a Meeting with a Divorce Attorney

Categories: Uncategorized

Share this article