Do I Need a Texas Lawyer to Get a Divorce?
A lot of people think divorce in Texas is simply changing the marital status from being married to being single. This is true, however, there are many things involved in getting a divorce in Texas.
In most cases, a person must file a petition for divorce within one year of the date the couple separated. There are exceptions, such as if the spouse was physically abusive towards the other spouse or committed adultery, but those situations are rare. In addition, the court will usually require both parties to attend mediation to try to work out the terms of the divorce.
The next step is filing a motion requesting that the court grant the divorce. A judge will set a hearing date and send a notice to each party. At the hearing, the judge will decide whether the divorce should go forward. If the judge decides to grant the divorce, he or she will issue a final decree of divorce.
After the divorce is granted, the former spouses will no longer be considered husband and wife. They will become single individuals again.Do I Legally Have to Hire a Lawyer to Get a Divorce in Texas?
Texas law does not require a party to hire a lawyer during a divorce proceeding unless it involves child custody issues. In fact, lawyers are not even required to file court documents on behalf of clients. However, many people choose to hire a divorce attorney because they believe having one will help reduce stress, avoid mistakes, and provide expert advice.If My Spouse Has a Divorce Lawyer Do I Need One?
Divorce is expensive, stressful, and emotionally draining. When couples split up, each side typically hires a lawyer to represent him or herself during the proceedings. But there are times when both spouses agree to work together, rather than hiring separate attorneys. This generally happens when one party wants to avoid conflict, or because he or she feels like the other party needs help negotiating a settlement.
In some cases, however, it is advisable to retain a divorce attorney on your own behalf. If you don’t, you could end up losing out on important benefits such as child support, alimony, and property division. Here is why you might want to consider retaining your own divorce lawyer.You Can Negotiate Better Than Your Spouse
When you negotiate with someone else, you are able to make concessions that you wouldn’t otherwise be willing to make. For example, if your spouse wants to keep the family home, you may feel pressured to agree to let him or her keep it. However, if you are working with a divorce lawyer, you can take the lead and offer to sell the house and use the proceeds to pay off debts or invest in retirement accounts.The Lawyer Will Protect Your Interests
A lot of people assume that their spouse is going to win the case, and therefore won’t care about how much money they lose. They might tell themselves that they aren’t worth anything anyway, so why should they worry about being taken advantage of? Unfortunately, this attitude often leads to poor decisions on the part of the client. A divorce lawyer knows how to protect clients’ interests, and will fight hard to ensure that the terms of the agreement are fair.Can We Just Hire One Lawyer to Do the Divorce?
If you are getting divorced, chances are you’ve already been told that there is no such thing as a free lunch. You might have heard about how lawyers charge hourly rates, while paralegals work for less money per hour. And you might know that some attorneys offer discounted fees for those without many financial resources. But what happens when both spouses want separate legal representation?
In fact, many states require each party to retain his or her own attorney. This means that couples must pay for separate counsel, whether they like it or not. In addition, most jurisdictions allow joint representation only in certain circumstances — for example, where a couple has children together and wishes to keep custody of them jointly. If either party wants sole custody of the kids, he or she must obtain independent counsel.
But what if neither spouse wants to give up control over the child(ren)? Can they both afford separate counsel? What if one spouse has significant assets, but the other does not? Do they have equal access to legal advice? Are they really being treated fairly?
The answer is yes, sort of. While it seems unfair that one person gets to choose his or her own lawyer, the law allows for this. However, the rules governing divorce cases vary widely across the United States. Some states follow the traditional model, requiring parties to retain separate counsel; others permit joint representation under certain conditions. Still, other states recognize a hybrid approach, allowing joint representation in some situations but mandating separate representation in others.Can You Do the Divorce Yourself in Texas?
The answer depends on several factors. For example, if you are filing for divorce because of irreconcilable differences, you don't need a lawyer. However, if one party wants to file for legal separation rather than divorce, he or she needs an attorney to help draft the paperwork. Some states require both spouses to attend mediation, while others allow either person to represent themselves. In addition, there are different rules regarding how much money each partner gets during divorce proceedings.
If you have any issues relating to property distribution, children, alimony, child support, or any other issue related to marriage, do not complete a Divorce Without A Lawyer. You could end up losing important assets or being forced into a settlement that isn't fair.
An experienced divorce attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can provide guidance and offer advice throughout the entire process. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.