...

Answers to the most frequently asked questions about Texas family law

Preparing for a family law case can be overwhelming, and the decisions you make—particularly regarding which attorney to hire—are crucial. Not all attorneys are created equal, and choosing the right one can significantly impact the outcome of your case. To help you navigate this process, we’ve compiled answers to the most common family law FAQs. These insights will provide you with the information needed to make informed choices and confidently move forward with your case.

frequently asked questions about Texas family law

Questions About Texas Family Law: Why Choosing an Experienced Family Law Attorney Matters

Hiring an attorney with extensive family law experience ensures they know the system well. An attorney who has handled many family law cases brings knowledge, strategy, and insight to your case. They know how to handle various situations, from mediations to courtroom proceedings. Experience shapes how effectively they can represent you and your family.

Impact of Experience on Your Case
A seasoned attorney doesn’t just know the law—they know how to apply it in real-life scenarios. An attorney who has handled hundreds of cases can foresee challenges and develop strategies to overcome them. This type of background gives you a better chance of success, whether you’re facing a divorce, child custody dispute, or another family law issue.

Key Qualities to Look For
Look for an attorney who specializes in family law and has a track record of success. Check their experience in cases like yours and ask for examples of how they’ve helped past clients. Clear communication, responsiveness, and a genuine understanding of family dynamics should also factor into your decision.

Can You Make Your Spouse Pay Your Attorney’s Fees in a Texas Divorce?

One common question in Texas divorces is who will pay the legal fees. While it is possible for one spouse to pay the other’s attorney fees, this doesn’t happen automatically. The court will review the specific details of your case to make that determination.

Conditions for Spousal Payment of Fees
Courts may order one spouse to cover attorney fees if the other spouse lacks the financial resources. If one spouse has a significantly higher income, they may be asked to contribute toward legal costs. Courts will also consider factors like bad behavior that caused the divorce, such as adultery, when making their decision.

Importance of Early Financial Discussions
Talking to your attorney about financial goals early in the divorce process is essential. Discuss your expectations for legal costs, and ask if you can request the court to have your spouse cover those expenses. Your attorney will help guide you based on the facts of your case and financial situation.

Questions About Texas Family Law: What Are the Grounds for Divorce in Texas?

Texas allows for no-fault divorces, which means you can file without listing a specific reason. In a no-fault divorce, you simply state that the marriage is no longer working due to conflicts or differences that cannot be resolved.

Fault Grounds for Divorce
You can also file for divorce under fault grounds, which include adultery, cruelty, abandonment, felony conviction, living apart for a long time, and confinement in a mental hospital. These fault grounds require you to provide proof, but they can affect the outcome of your case, especially when dividing assets.

How Fault Affects Divorce Cases
While fault grounds aren’t necessary for a divorce, they can influence property division and spousal support. Courts may grant a larger share of assets to the spouse who didn’t cause the divorce, especially if misconduct such as adultery or cruelty is proven.

frequently asked questions about Texas family law

Does Citing Fault Grounds Matter in Your Divorce?

Citing fault grounds can directly impact how your assets are divided. Courts generally start with a 50/50 division of marital assets, but fault grounds like adultery or cruelty may shift that balance. Judges may award a larger portion of the community estate to the spouse who was wronged.

If your spouse misused community funds, such as spending money on an affair or engaging in reckless financial behavior, the court may award you a disproportionate share of the estate. Courts consider these details when deciding what is fair in terms of dividing property.

Proving fault can help you secure a better financial outcome, but it isn’t always required. No-fault divorces are faster and less complicated, though they may not result in a disproportionate division of assets. Consider your priorities and consult with your attorney to decide the best approach for your case.

Questions About Texas Family Law: How Can You Prove Fault Grounds in a Texas Divorce?

To establish fault grounds like adultery or cruelty in a Texas divorce, you must prove your claims based on a “preponderance of the evidence.” This means showing the court that it is more likely than not that the fault grounds you’re alleging caused the breakdown of your marriage. Simply accusing your spouse won’t be enough; you must back it up with solid proof.

Types of Evidence to Support Your Claim

Evidence plays a crucial role in proving fault grounds. In cases of adultery, for example, you may present emails, text messages, photos, or witness testimony to demonstrate your spouse’s behavior. If you are claiming cruelty, medical records, police reports, or testimony from people who witnessed abusive behavior may strengthen your case. The key is gathering evidence that clearly supports your claims and presenting it effectively in court.

Importance of Strong Evidence

The stronger your evidence, the more likely the court will side with your argument. Collecting and organizing your evidence early in the process will give your attorney time to craft a compelling case. Courts take these matters seriously, and the quality of your evidence can significantly impact the outcome of your divorce. You need more than just accusations; you need to prove that your spouse’s actions justify the fault grounds.

frequently asked questions about Texas family law

Protecting Your Assets During Divorce: What You Can Do

During a divorce, financial security becomes a pressing concern, especially with joint bank accounts. You might worry that your spouse could drain the account or hide assets. These concerns are valid, as many people act out of desperation during a divorce. Taking early steps to protect your assets is essential.

How Temporary Restraining Orders (TRO) Can Help

A Temporary Restraining Order (TRO) can immediately help protect your financial interests. After filing for divorce, you can request a TRO from the court without waiting for a hearing. The TRO will prevent both you and your spouse from selling or hiding assets, closing bank accounts, or making large financial transactions until the court decides otherwise. This legal safeguard helps maintain the status quo while your case progresses, ensuring your financial interests are preserved.

Steps to Protect Your Assets During Divorce

In addition to requesting a TRO, you should start gathering financial documents, including bank statements, tax returns, and property records. Make sure to inform your attorney of any concerns about financial misconduct by your spouse. You may also want to open a new bank account in your name to prevent your spouse from accessing personal funds. Taking these steps early on can protect your assets and prevent financial surprises during the divorce process.

Conclusion

Understanding Texas family law and its impact on your case is crucial. Whether you’re dealing with fault grounds like adultery or cruelty, or looking to protect your assets with legal tools such as a TRO, having the right information is key to making informed decisions. To navigate this complex landscape effectively, consult a skilled family law attorney with experience in Texas law. They can guide you through the process, ensuring your interests are protected. For the best possible outcome in your case, refer to family law FAQs and seek professional legal advice.

More frequently asked questions related to divorce- and their answers- in tomorrow’s blog post

Please join us tomorrow as we continue to discuss frequently asked questions and their answers to important divorce problems. In the meantime, if you have any questions about the material contained in today’s blog post then 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. These consultations are a great opportunity to ask questions and receive direct feedback about your particular circumstances. 

Our attorneys and staff represent clients across southeast Texas and do so with a great deal of pride. We put the interests of our clients ahead of ourselves and strive to provide the best legal services to those clients and their families. Thank you for spending part of your day with us here on our blog. 

Categories: Uncategorized

Share this article

What Are the Signs That You Should Get a Divorce?Previous

Category

Categories

Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

Plan Your Visit

Office Hours

Mon-Fri: 8 AM – 6 PM Saturday: By Appointment Only

"(Required)" indicates required fields