It may surprise you to learn that there are some things that 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 and pick up a pebble and then release the pebble from your fingers. I can promise you that the pebble will be on the ground very quickly rather than floating in the air. While most everything else in our lives seems to have changed recently gravity is one of the things that has not changed 1 bit since the beginning of this pandemic.
Another area that has not undergone change is how to begin a divorce in Texas. You still start your case by filing for divorce. This is a term that we here use quite a bit in our society due to the fact that divorce has become increasingly common. However, if you actually need to file for divorce then having a general understanding of this process is not good enough. You actually need to know how to file for divorce and how to 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 easily as you may imagine. Whenever you are trying to do something new, especially something regarding a governmental process, there are usually steps and processes that she did not anticipate having to encounter. As a result, you may need to learn more about the process and how it actually works. Filing for divorce is not rocket science but it is not the same thing as renewing your driver’s license either. There are steps involved and making mistakes can cost you in 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 who specializes in family law can help you to avoid potential problems and make decisions that are 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 need an attorney in the 1st place.
Filing for divorce in Texas - how to begin the process
For you contact an attorney or attempt to actually 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 in nature. Rather than resorting to divorce in order to solve a problem in your marriage I would recommend that you attempt to mitigate the problems before they lead to a divorce. Counseling and therapy are two courses that 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, but a divorce can get testy and often does result 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 are attempting to end a marriage and assign parental rights between you and your spouse in relation to your children. On top of all that you are having to divide up all the community property owned by 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 then 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 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 absolutely consider hiring an attorney. The reason I make this recommendation is that 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 to collect money or line up financing for an attorney if that is the route that you believe you need to take.
Hiring an attorney to represent you in your divorce means that you actually have to interview lawyers. If you have never interacted with an attorney on a professional level, then you need to be able 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 wanting to hire a lawyer to represent you in your divorce. The reason for this is pretty straightforward - only family law attorneys council 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 occasionally handles family law cases handling your divorce?
I recommend to people that they 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 that you are speaking with. It is important to learn if you in this attorney have the ability to develop a connection and that you will become more comfortable with him or her. However, the reality of the situation is that your attorney that you are meeting with needs to learn more about you in this consultation then you would think. With this in mind you should take the time prepare for the interview by getting questions ready to ask him or her.
Questions that I would be interested and having the lawyer answer include inquiries about how many divorce cases he or she handles each year and whether or not their level of experience includes divorce cases that look like yours. Not only that but you want an attorney who has taken cases 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 is 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 talk pricing and fees with him or her before deciding to sign up with him or her.
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 actually needs to be filed. If you have chosen to represent yourself in the divorce, then 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 actually 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 steps associated with filing for divorce in Texas.
On the other hand, if you decide to hire an attorney to represent you in your divorce then you will not have to learn the nuts and bolts of how to file for divorce. Yes, I would absolutely recommend having your attorney walk you through the filing process so that you know 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 petition for divorce. 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 he or she 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 are legally able to 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 that our law practice represents in divorces in Texas initially attempted to file for divorce themselves. It was only after learning about the difficulties associated with this process that these people eventually came around to hiring an attorney. We are honored that they found the confidence necessary to hire 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 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 it is the details that are associated with this step. Even if you commit yourself to spending all day and all-night learning about the divorce process you cannot compensate for not having the experience of an attorney 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 a great 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 that you will join us tomorrow as we share more original content here on our blog.