Many people in Texas choose to file for divorce without the help of an attorney. The internet makes it easier than ever to find the necessary documents and instructions for completing a divorce on your own. While there is no legal requirement to hire a divorce attorney, and a court will grant your divorce without legal representation, it’s important to consider the complexities involved. Filing for divorce without a lawyer may work for some, but having professional legal guidance can ensure that your rights are fully protected throughout the process.
It’s my opinion, however, that you should have an attorney in Texas divorce. I know- it’s shocking to hear that an attorney would advise you to hire an attorney for your divorce. Stay with me, though. There are advantages to having a divorce attorney by your side that go beyond simply having someone else do the lion’s share of the work for you.
Filing Your Petition for Divorce Is Not as Easy as It Sounds
As I mentioned at the beginning of this blog post, you can find and complete online forms to initiate your divorce. You might have already discussed it with your spouse, leading you to believe that you’ll have an uncontested divorce.
You might naturally assume that your divorce will finalize within a week, but Texas law dictates otherwise. It requires a minimum sixty-day waiting period from the date you file your Original Petition for Divorce. This duration ensures that both you and your spouse thoroughly consider the decision and avoid rushing into the divorce.
Additionally, Texas law stipulates that you or your spouse must have resided in Texas for at least six months before filing for divorce. Moreover, you need to have lived in the county where you file for divorce for the previous 90 days.
The point I’m trying to make to you is that it is not a simple task to grab some documents online, fill in the blanks, and then file it with your county clerk. There are requirements that must be in place prior to doing so and having an attorney to assist you means that you are eligible for a divorce in the first place. Secondly, you need to plead for (ask for) certain items if you want a judge to be able to award them to you in your Final Decree of Divorce. Failing to plead for child support, spousal support or any other item will require that you go back and re file your petition. This will end up costing you both time and money.
Temporary Orders – Making Sure Your Spouse Behaves
Many people have walked into the Law Office of Bryan Fagan, PLLC, and told me that their divorce is going to be uncontested. It is their opinion that there are no issues that are going to be fought over and that both sides have already hammered out an agreement.
Here’s the key point: an uncontested divorce becomes contested the moment you and your spouse have even a minor disagreement during the process. For example, if you believed you had agreed on dividing the marital estate in a specific way and then your spouse changes their mind, your Texas divorce becomes contested. Similarly, your divorce becomes contested if you and your spouse disagree about the portion of his or her retirement account that constitutes community property.
My point is a contested divorce is much more likely than an uncontested divorce in your situation. If you get into a situation where your spouse has decided not to pay you child support while the divorce is ongoing, or is arguing with you about how much a particular asset is worth or how much debt you two have then it is in your best interest to hire an attorney.
You may need to attend a mediation session where you and your spouse can negotiate on issues that will affect your family during the short term and then lay the groundwork for coming to an agreement on issues that affect your final orders like retirement accounts, martial estate division, and post-divorce spousal support.
Without an attorney, it is likely that you and your spouse will spend more time bickering over text messages than actually talking through the issues rationally. I’ve seen it happen many times and again, it will cost you time and money in the long run.
Drafting Your Final Decree of Divorce Is Not a Job to Be Taken Lightly
When you reach a point in your divorce where both you and your spouse agree to settle your issues or a judge orders specific actions, the next step is to draft and sign the Final Decree of Divorce. This document serves as the concluding agreement of your divorce and sets the foundation for your post-divorce life. It thoroughly details arrangements regarding your children, property, assets, and debts, addressing every aspect of your life.
While your Original Petition for Divorce might have seemed basic, the Final Decree of Divorce is far more detailed.
These decrees typically extend to about fifty pages, particularly when involving children, and are slightly shorter for couples without children. You must craft each section with precise wording to achieve your divorce objectives.
Take, for example, the situation where you and your spouse decide to sell your home and split the equity in a specific way. You must clearly state in the decree your plan for marketing the house, setting a fair selling price, and distributing the sale’s proceeds.
I have witnessed people return to their divorce court to seek a judge’s clarification for selling their house due to vague language in their decree. To save time, money, and stress, hire a lawyer to draft your final decree.
Conclusion
In conclusion, while it’s possible to file for divorce in Texas without the assistance of a divorce attorney, it’s important to weigh the potential risks and challenges. Handling the legal process on your own may seem cost-effective, but a divorce attorney can provide valuable expertise in navigating complex issues like asset division, child custody, and spousal support. Having a skilled attorney by your side can help ensure that your rights are upheld and that you achieve the best possible outcome in your divorce.
An investment in your family- The Law Office of Bryan Fagan, PLLC
If you’ve noticed a trend it is that hiring an attorney in Texas divorce can save you time and money. The popular opinion is that attorneys in Texas divorce are expensive. I will not try to convince you that lawyers are anything but an investment. You can choose to make a large investment, a medium investment or a small investment in representation.
Regardless, my experience is that hiring an attorney is a smart investment in both the short and long term. In the long term, you can help ensure that your life and your children’s lives are going to be set up for the future. In the short term, you can ensure that your divorce proceeds efficiently and as smoothly as possible. Attorneys, contrary to popular belief, do not want to drag a case out to make more money. We want to act as effective advocates and help your case progress towards a timely resolution. You are paying for experience and expertise.
If you have any additional questions on the benefits of hiring a family law attorney in your Texas divorce then do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our licensed family law attorneys are available six days a week to meet with you to answer questions and discuss the services our firm can provide you with.
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Other Articles you may be interested in:
- The Benefits of Working with an Experienced Divorce Attorney
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- What qualities make a good divorce attorney?
- Tips for hiring a divorce attorney in Texas
- 9 Questions to Ask Yourself and the Divorce Lawyer Before You Hire Them
- Child Custody Basics in Texas
- 6 Mistakes that Can Destroy Your Texas Divorce Case
- 10 Quick Tips About Parental Visitation
- Does it Matter who Files First in a Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
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.
