When going through a divorce, hiring a lawyer is a crucial decision that can greatly influence the outcome of your case. Every divorce is unique, with its own set of circumstances and complexities, and your situation is no different. Whether you’re dealing with children, shared assets, or specific legal concerns, the nuances of your case require careful attention. So, why should you consider hiring a divorce attorney? An experienced lawyer can offer personalized guidance, advocate for your best interests, and help you navigate the complex legal process. They will work to protect your rights and ensure that your case is managed efficiently and effectively.
Hiring a Lawyer May Not Always Be Necessary
A divorce attorney might surprise you by suggesting that hiring a lawyer may not be necessary. If your case involves limited issues, having an attorney for you, your spouse, or both could hinder rather than help. You and your spouse may be on good terms where it is entirely possible to talk through your issues. Therefore, you can do the work yourself to draft and file the documents and have a judge declare you and your spouse as no longer legally married. That outcome is not beyond belief.
However, for the vast majority of our neighbors in southeast Texas, it is wise to hire a divorce attorney. This is especially true before you navigate the complex process of legally ending your marriage. If the issues in your divorce are not complex, you might still find them too numerous to handle alone. Therefore, consider your responsibilities at home to your kids and at work to your occupation.
Considering Legal Representation for Your Divorce
Likewise, you may not have a handful of issues at play in your divorce. However, if you have a few complicated, complex, or potentially valuable, you will need an attorney to help guide you. Hiring an attorney is a short-term investment in a process that can have long-term ramifications for you and your family. You are not ceding ownership of your case by hiring an attorney—quite the opposite. Reasonable, experienced family law attorneys (like those with the Law Office of Bryan Fagan) can guide you through a case and help you avoid potential pitfalls that could damage your case and your life moving forward.
With all that said, I would like to share some information on why you should consider hiring a divorce attorney before beginning your Texas divorce. I hope that these reasons convince you of the importance of having an attorney if not convincing you to go out and hire a lawyer outright.
Putting some distance between you and you and your spouse is not a bad idea.
In all of the divorce cases that I have been fortunate enough to represent one of the spouses in, very few of them have involved two people who are on perfect speaking terms. In most divorce cases, the two spouses feel upset with each other for various reasons. The fact that a divorce calls on two people to work together and negotiate an end to their marriage is not ideal for two people who can’t bear the sight of one another.
The Value of Having a Divorce Attorney
That is where having a divorce attorney comes in handy. If you and your spouse are not working well together, having representatives can be helpful. Each of you can communicate information and settlement offers through your lawyers. This benefit is especially clear in a mediation setting.
Mediation is a process by which the two spouses in a divorce agree to have a third party intervene. The mediator attempts to help them settle on terms for their divorce. Mediation is the likeliest place for a divorce to end mercifully, from children to child support to property to anything in between. Most of the time, mediation occurs in an attorney’s office. One party (and their lawyer) are in one office and the other party (and their attorney) are across the hallway in another room. The two sides only interact with the assistance of a mediator.
The Impact of Nonverbal Cues on Settlement Negotiations
I have participated in mediations where the two sides sit face to face across the table. This setup can feel awkward. In these situations, one spouse rolling their eyes can ruin all chances of settlement negotiations. An eye roll or other subtle gestures can signal disrespect or annoyance. These actions can destroy the possibility of reaching a settlement together.
Having an attorney ensures that you and your spouse avoid situations where your history and animosity toward each other obstruct achieving a fair and timely divorce resolution. Attorneys remove much of the emotion and abuse from the divorce. While your attorney will advocate for you and represent you and your rights, the attorney does not have feelings towards your opposing party. That’s a good thing. This objectivity is what allows your attorney to guide you better through the divorce. Removing the emotional component of negotiations is the first reason why you should consider hiring a divorce attorney.
Getting a divorce means having to know the consequences of your actions.
Think about your current job. More specifically, think about your first day working at that job. How did you perform the essential tasks of that position? I’m willing to bet that your performance on day one is nowhere near as good as your performance on day 30. And on and on it goes. With experience comes better success at just about any endeavor we wish to engage in.
Divorce is no different. Fortunately (or unfortunately, depending on how you want to approach it), you have likely never been through a divorce before. You may have a clue of what to expect, but you have no firsthand knowledge. You may have some understanding of the law but have no specific knowledge of how the law impacts you and your situation. The bottom line is that what you don’t know, you don’t know. Ignorance of the law and the divorce process is the wrong place to start your divorce.
Empowering Your Divorce Case
However, by hiring a divorce attorney, you can remove these restrictions and handicaps from your case. Your divorce attorney should be someone who has been through the divorce process before and can guide you through the process. There are two parts to this: knowledge of the law and understanding of the divorce process in Texas family courts.
Let’s talk about knowledge of the law first. If you enter into a divorce without a thorough understanding of family law, you are doing yourself a huge disservice. The law exists to help guide outcomes and modify behavior within the family courts. The judge in your case has the ultimate authority to hand down decisions that conform with the law. The judge in your case also has maximum power to hand down punishments if you or your spouse violate a family law or an order of their court.
The Importance of Legal Knowledge in Divorce
Going into a divorce without the experience to anticipate legal impacts can cost you significantly. You may lose money and time with your children. It can also affect your ability to influence your child’s life as you would like. Simply throwing up your hands and saying you didn’t know something may ease your conscience. However, it is no legal defense. You certainly need to have at least a working knowledge of the Texas Family Code before beginning a divorce. The lack of such knowledge will likely cause an outcome that is far from ideal for you.
The other thing to keep in mind when deciding whether or not to hire an attorney is that the law is essential in divorce and knowing the process involved in a divorce case. You can have an outstanding knowledge of the Texas Family Code. However, it is of little value to you if you can’t translate that knowledge into its practical applications. There is no more practical application of the law to divorce than knowing how to file and handle a divorce case.
Understanding the Nuances of Divorce Representation
The tricky part to explain to clients is that law school does not offer a specific course on handling court-related aspects of divorce. Instead, lawyers gain practical experience from managing numerous divorces over time. If you have never experienced a divorce, participated in court proceedings, or worked within the legal system, you likely have little understanding of how to handle a divorce case.
Having an experienced divorce attorney is crucial for various tasks. These tasks include filing documents and serving your spouse with notice. An attorney also ensures swift mediation. Ultimately, they help schedule hearings and trial dates. Without this experience, you may waste a great deal of time. Divorces lasting eight or nine months often show no significant differences from those lasting three or four. The main difference is often the presence of experienced divorce lawyers. One case has skilled lawyers assisting the parties, while the other does not.
Drafting the final paperwork for divorce is one area where a divorce attorney can come in handy.
The purpose of a divorce is to obtain orders from a judge that clearly outline your and your spouse’s legal responsibilities to one another. These orders also address your responsibilities toward your children moving forward. Think of these as your “marching orders.” Having a judge’s authority behind what you can and cannot do with your property, your ex-spouse, and your children can greatly enhance your peace of mind. Instead of relying on trust between you and your spouse, court orders come with consequences if you violate or fail to follow a particular directive.
However, suppose you and your spouse cannot draft a final decree of divorce that effectively conveys the terms of your settlement. In that case, you may wind up in a situation where you have unenforceable orders that negate all that you sought to accomplish in the divorce. There is a science behind how final orders are drafted, which you will not duplicate no matter how hard you study information on the internet. A divorce attorney knows how to word certain aspects of a divorce decree to communicate ideas well and protect you moving forward.
Before you consider filing a divorce without an attorney, you should look to the end of your case. While you may be able to handle the initial stages of a divorce without an attorney, very few people are equipped to draft a complex and lengthy legal document like a Final Decree of Divorce without the assistance of a divorce attorney.
Conclusion
Understanding the importance of hiring a divorce lawyer is key for anyone facing the complexities of divorce. An experienced attorney offers invaluable expertise, providing personalized advice and representation tailored to your specific circumstances. They can help you navigate legal challenges, protect your interests, and ensure every aspect of your case is handled with attention to detail. By seeking professional guidance, you can reduce stress, make well-informed decisions, and work toward a resolution that aligns with your goals and needs.
Questions about hiring a divorce attorney? Contact the Law Office of Bryan Fagan
If you have any questions about the information discussed in today’s blog post, please consider contacting the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week to answer your questions and directly address any issues facing you and your family.
Ebook
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”
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:
- What are some good indicators when it comes to hiring a divorce attorney?
- Do I Need a Lawyer to Get a Divorce? Frequently Asked Questions about Hiring a Lawyer
- Does Hiring a Divorce Lawyer Save You Money in the Long Run?
- Tips for hiring a divorce attorney in Texas
- 9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them
- Why hire the Law Office of Bryan Fagan for your divorce?
- Can I hire a lawyer just to give me advice?
- What Kind of Lawyer Should I hire for My Texas Divorce?
- Why is it critical to hire an attorney who is experienced in family law?
- How important is having an attorney for your divorce in Texas?
- Do I Need to Hire a Divorce Attorney?
- Is it a good idea to hire an attorney when your parental rights can be terminated?
Frequently Asked Questions About Divorce in Texas
If you and your spouse agree on all aspects of your divorce, you may opt for an uncontested divorce in Texas, which can be more straightforward. However, it’s still advisable to consult with a divorce lawyer to ensure your legal rights and interests are protected.
Retainer fees for divorce lawyers in Texas can vary widely depending on factors like location and complexity of the case. On average, retainer fees may range from $2,500 to $5,000 or more. Consult with attorneys in your area for specific pricing.
Filing for divorce first, also known as the “petitioner,” allows you to set the initial terms of the divorce. It can provide a strategic advantage in negotiations and may help you choose the jurisdiction for your case.
Yes, you can represent yourself in a divorce proceeding in Texas, known as a “pro se” divorce. However, it’s essential to understand that divorce laws can be complex. Consulting with an attorney, at least for guidance, is often recommended.
Typically, you are not directly responsible for paying your spouse’s attorney fees in Texas. However, the court may order one spouse to contribute to the other’s legal fees, depending on the circumstances and financial disparities.
The payment of legal fees in a Texas divorce can vary. It may be negotiated between the spouses, ordered by the court, or each party may be responsible for their own attorney fees. It depends on the specific details of the case.
The responsibility for paying bills during a divorce in Texas can vary based on factors like financial resources and court orders. It’s advisable to discuss these matters with your attorney and, if necessary, seek temporary court orders to clarify financial obligations.
The cost of divorce in Texas can vary widely based on factors like legal fees, court fees, and the complexity of the case. On average, it may range from a few thousand dollars for uncontested divorces to tens of thousands for contested and complex cases.
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.
