It may surprise you to learn that some things have not changed over the past four months of this pandemic. For example, the law of gravity still works the same way. If you don’t believe me, step outside, pick up a pebble, and then release the rock from your fingers. I can promise you that the stone will be on the ground quickly rather than floating in the air. While most everything else in our lives seems to have changed recently, gravity has not changed 1 bit since the beginning of this pandemic.
Another area that has not changed is how to begin a divorce in Texas. You still start your case by filing for divorce. This is a term that we use quite a bit in our society since divorce has become increasingly common. However, if you need to file for divorce, then understanding this process is not good enough. You need to know how to file for divorce and avoid potential problems related to filing. That is what we would like to discuss with you today.
To begin with, filing for divorce is something that you should not assume can be done as quickly and efficiently as you may imagine. Whenever you are trying to do something new, especially something regarding a governmental process, there are usually steps and procedures that she did not anticipate having to encounter. As a result, you may need to learn more about the process and how it works. Filing for divorce is not rocket science, but it is not the same as renewing your driver’s license. There are steps involved, and making mistakes can cost you both time and money.
Fortunately, unlike when you are trying to renew your driver’s license, there are professionals available who can help steer you through the process and guide you towards desirable outcomes for you and your family. A licensed attorney specializing in family law can help you avoid potential problems and make decisions in your best interests and those of your children. You may have considered yourself to be the type of person who would never hire an attorney, but given the circumstances of your case, that may be what is best. I recommend that you use this blog post as A source of information that can help determine whether or not he needs an attorney in the 1st place.
Filing for divorce in Texas – how to begin the process
For you to contact an attorney or attempt actually to file for divorce, I recommend that you think long and hard about whether or not you want to get a divorce in the first place. A divorce is something permanent. This is opposed to most disputes and problems in a marriage, which can be temporary. Rather than resorting to divorce to solve a problem in your marriage, I recommend you attempt to mitigate the issues before they lead to a divorce. Counseling and therapy are two courses you could pursue that would allow your marriage to remain intact and possibly even grow to be better than ever.
Do not underestimate how difficult a divorce can be. I’m certainly not telling you to expect a terrible experience highlighted by multiple instances of Horror Story level arguments. Still, a divorce can get testy and often results in Great amounts of stress for both parties involved. When he stopped to think about it, a divorce probably should do all these things. After all, you attempt to end a marriage and assign parental rights between you and your spouse with your children. On top of all that, you have to divide up all the community property you and your spouse. That is a heavy burden for two people to bear together, even if they get along for the most part.
Once you have determined that a divorce is the best way for you to go, given whatever problems you’re experiencing in your marriage, it is time to figure out whether or not you need to hire an attorney. Rather than considering this question on your own, I would recommend meeting with an attorney regardless of whether or not you ultimately believe that you need to hire one period the reason I make this recommendation is that an attorney can listen to your circumstances and give you honest advice about whether or not you need an attorney in the 1st place. You do not legally have to have a lawyer to represent you in a divorce. You are completely capable of divorcing yourself from your spouse without an attorney.
However, certain divorces we’re choir representation, in my opinion. If your marriage has children or a significant amount of property or debts at stake, you should consider hiring an attorney. I make this recommendation because, despite the costs associated with hiring a lawyer, the benefits to you and your spouse of doing so can pay dividends down the road. Think of hiring an attorney as a short-term investment that can produce a potential long-term gain. Do what you can to begin collecting money or line up financing for an attorney if that is the route you believe you need to take.
Hiring an attorney to represent you in your divorce means that you have to interview lawyers. If you have never interacted with an attorney on a professional level, you need to understand that not every lawyer is suited to take your case. I have mentioned many times on this blog that I believe only family law attorneys should attract your attention when it comes to hiring a lawyer to represent you in your divorce. The reason for this is pretty straightforward – only family law attorneys counsel clients on the subjects that matter most to you and your divorce each in every day. You don’t want a doctor who only occasionally performs open-heart surgeries doing your pacemaker procedure. Why would you hire an attorney who only sometimes handles family law cases handling your divorce?
I recommend that people ask questions during the divorce attorney consultation and do more talking than the lawyer. Yes, on some level, you are trying to gain information from the attorney you speak with. It is crucial to learn if you in this attorney can develop a connection and become more comfortable with them. However, the reality of the situation is that your attorney that you are meeting with needs to learn more about you in this consultation than you would think. With this in mind, you should prepare for the interview by getting questions ready to ask them.
Questions that I would be interested in and having the lawyer answer include inquiries about how many divorce cases they handle each year and whether or not their level of experience provides divorce cases that look like yours. Not only that, but you want an attorney who has taken points to trial before. This is not to say that your divorce will necessarily go to trial, but it is a possibility; as a result, you want an attorney who has been there and done that to be able to represent you. Once you feel satisfied after interviewing multiple attorneys that you have the right lawyer by her side, we should discuss pricing and fees before deciding to sign up with them.
Filing for divorce after you have hired an attorney
Her decision regarding whether or not to hire an attorney well determine which way your divorce will go. This is especially true at the stage where the divorce needs to be filed. If you have chosen to represent yourself in the divorce, you will need to learn how to file for divorce in Texas. I don’t just mean a general understanding like you will possess after having spoken to an attorney, but you will need to learn how to go online in file for divorce once you have drafted the necessary paperwork and paid the fees to do so. this is the first of many more than just a little complicated step associated with filing for divorce in Texas.
On the other hand, if you decide to hire an attorney to represent you in your divorce, you will not have to learn the nuts and bolts of filing for divorce. Yes, I would recommend having your attorney walk you through the filing process to know what to expect as far as the general process and a timeline. However, your attorney and their staff will file the divorce for you and draft your original divorce petition. Any temporary orders or notices of hearing that need to be included along with your filing will be handled by your attorney as well.
A process server or local law enforcement official would pick up your divorce filings at the courthouse and serve them on your spouse. This is how your spouse will be learned about the divorce most likely, and now they will receive notice of any pending court dates. From there, your spouse will have an opportunity to hire an attorney and file an answer to your original petition for divorce. Once this is done, your divorce has truly begun.
Closing thoughts on filing for divorce in Texas
I think the most important thing that you can take away from this blog post is that while you can legally file for divorce without an attorney, you should hesitate to do so, especially if you have children Or have a significant amount of property at stake in your divorce. Many of the clients our law practice represents in divorces in Texas initially attempted to file for divorce themselves. After learning about the difficulties associated with this process, these people eventually came around to hiring an attorney. We are honored that they found the confidence necessary to employ our practice to do so.
However, by not hiring an attorney at the beginning of their divorce, there has been a certain amount of money in the time that has been put to waste. You can learn from the mistakes of these folks by hiring an attorney from the beginning of your case rather than hiring one later on. Again, it is not so much the actual process of filing for divorce that is so difficult, but the details are associated with this step. Even if you commit yourself to spend all day and all night learning about the divorce process, you cannot compensate for not having an attorney’s experience in this area.
Otherwise, filing for divorce in Texas during this pandemic would follow the same routines as any other time. While there may be some added difficulties along the way associated with close courts and backlogs to mediate your case, the actual filing process itself should be pretty straightforward- especially if you have an experienced Texas family law attorney by your side.
Questions about getting a divorce during the COVID-19 pandemic? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn more about our law practice and for us to be able to share information with you about the divorce process in Texas. Thank you for choosing to spend part of your day with us today, and we hope you will join us tomorrow as we share more original content here on our blog.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
