Do I Need a Lawyer for a Divorce?
Divorce is widely considered one of the most stressful events in someone’s life, particularly because it can be fraught with various complex challenges. It involves significant decisions and can often impact more than just the spouses involved.
Crucially, divorce is also a legal process. Family law incorporates numerous requirements for both parties. Like any legal process, hiring a dedicated divorce lawyer is often the best way forward.
When you hire a lawyer from Skillern Firm Divorce & Child Custody Lawyers to assist in your divorce, you’ll not only benefit from many years of legal expertise in family law, but you’ll enjoy the reassurance of someone that is always working in your best interests. When divorce entails separation from a person you were once close with, it’s incredibly valuable to have someone you can rely on by your side.
Our office handles all types of divorce cases across Texas, and we’re ready to place all that knowledge and expertise at your disposal.
Call us today at (832) 688-6606 so our attorneys can start providing the legal information you need to move forward.
Filing for Divorce in texas
Part of what makes divorce so stressful, and why lawyers often get involved, is that it can be a long and arduous process. There are often legal processes to overcome, along with periods of waiting where divorces cannot proceed to the next stage. Divorce lawyers will be able to outline the process and how it applies to you as an individual as soon as you commence the attorney-client relationship. However, here are the key considerations at each stage.
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Under Texas law, at least one party must have resided in the state for at least six months prior to filing. Similarly, at least one spouse must have lived in the county in which divorce is filed for at least 90 days.
There is also a consideration of child protection prior to filing, as the law dictates that a divorce cannot be finalized while a spouse is pregnant.
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It is possible to file for a no-fault divorce if the marriage is no longer viable. However, in any other case, it is imperative to hire a lawyer. They can advise on the best way to report grounds for divorce in the context of how the court may interpret it.
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The state’s District Courts have jurisdiction over divorce proceedings in Texas. Consider the conditions outlined above concerning residential status and location, then decide where to file.
In smaller counties, there may be only one court option. However, if you live in a part of the state with a Family District Court, you will likely file there instead. Again, your attorney will be able to advise on the specifics.
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Another significant factor behind the complexity of divorce is the sheer amount of paperwork. At the most basic level, the Supreme Court provides different forms for those with children, without them, and without children or marital property.
The process will begin with a Civil Case Information Sheet, followed by the Original Petition for Divorce and then the Information on Suit Affecting the Family Relationship.
These documents are then filed with the court, and the spouse receives a copy of the Petition.
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Ultimately, a divorce requires an agreement between both parties, whether they reach that decision independently or in front of a judge. Depending on the nature of the case, both spouses may be able to come to an agreement with support from their attorneys. In more complex cases, they may leave it to their lawyers to work directly with each other.
Either way, it’s always a good idea to have a divorce lawyer look over the forms before submission. Once complete, the forms are filed at the clerk’s office at the local courthouse, selected earlier in the process, along with the necessary filing fees.
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No matter the nature of the divorce, both parties need to appear at a court hearing in front of a judge, even if only to confirm their agreement to the filed forms.
This may be a short hearing in cases where you and your spouse agree on everything contained in the filing. This is not a trial, and successful mediation or otherwise coming to an agreement in conjunction with both lawyers can make this a relatively unobtrusive part of the case.
However, in cases where there are still details to finalize, it may be up to the respective attorneys to present to the judge.
There’s a mandatory 60-day wait period for all divorces in Texas, with the time limit starting from the day the Petition is filed. This may also involve supplemental terms as outlined by the court, such as parenting classes for those filing for divorce when they have young children.
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Once 61 days have passed, it is up to the individual and their attorney to prepare the Divorce Decree for the judge to sign. In some cases, especially those involving minor children, it may be necessary to complete additional forms confirming custody, property, and other specific elements following the marriage.
Why Do I Need a Lawyer for a Divorce
When you face an important life event, it’s vital to call upon a knowledgeable party to achieve the best possible outcome. Not only can retaining a lawyer make life easier in trying times, but they’ll can also ensure you have access to full and complete information in the eyes of family law. This often means that the entire divorce process, regardless of circumstance, will take place on a level playing field.
There are some cases where appointing a divorce lawyer is essential.
Your spouse has already hired a divorce attorney
If your spouse hires an attorney, then it’s imperative that you do the same. If you fail to do so, they may gain the upper hand in a legal context, potentially leading to an unfair outcome.
Their decision to hire an attorney for the upcoming divorce case indicates that they suspect the process may not be straightforward and it would be a disadvantage if the other party has access to legal support when you do not.
Hire a Divorce Lawyer From Skillern Firm Divorce & Child Custody Lawyers Today!
Divorce is always a sensitive subject, and seeking out legal representation that will work in your best interests is vital. There are many important issues involved when you get a divorce, and a lawyer from Skillern Firm Divorce & Child Custody Lawyers can help you throughout your divorce case from the initial filing to finalization.
No matter which stage of divorce you’re at, the support and expertise of an experienced attorney can be invaluable. We will work with you to assist with everything from paperwork to negotiation, and everything else a divorce entails.
Divorces are rarely easy, but your attorney at Skillern Firm Divorce & Child Custody Lawyers will do everything possible to make your divorce as comfortable as can be, all in pursuit of the best possible outcome.
Our office is standing by to take your call, so reach out today at (832) 688-6606 to get the proceedings underway.
