Do You Have Questions On Getting A Texas Divorce? Here Are Answers To Common Questions
Questions on Getting A Texas Divorce? Here are answers to some of the most common questions I get about Texas divorces. Divorce and the many financial and emotional issues surrounding it can be confusing. In this second part to this 2 part post about such questions, I offer answers to the questions they are most frequently asked.
What is the first step in the divorce process?
Once you’ve decided that divorce is the best thing for you, your attorney will file the divorce petition. This contains certain factual information about the parties, as well as grounds for the divorce. Because Texas is a no-fault state, the reason for the divorce usually is incompatibility. This means the parties have different interests and have grown apart and this condition is irreconcilable.
Is mediation required in most Texas divorces?
Yes, in most cases. Texas has the most progressive and intensive use of mediation in the country. In 1987, four of the seven family district court judges in Dallas County began to order mandatory mediation in all divorce cases. Since then, most Texas courts have begun to require mediation before a family law case can be scheduled for trial.
Why would I ever need a team of attorneys instead of just one divorce lawyer working alone?
Some cases are just too complex for one attorney, no matter how gifted, to handle flawlessly. If you have a family business, a child custody problem and an aggressive lawyer on the other side, you may benefit from the knowledge base of a large number of attorneys. When you hire me, you hire one attorney who is your main contact throughout the process.
What’s the first thing I need to do to build a winning divorce case?
Besides hiring an accomplished matrimonial law attorney, the most important thing you can do at first is to secure three to five years of financial records and anything else that might become evidence in your case.
How often is alimony awarded in Texas?
Although the Texas Legislature passed an alimony statute in 1995, not many people qualify. Unless you have no significant assets or means of support or you and your spouse agree to it, there will be no significant long-term alimony once the divorce is final.
Can one attorney represent both parties in a divorce?
No. An attorney can draft the documents in a divorce for both parties to sign, but he or she can’t legally advise more than one of the parties how to proceed in the divorce.
If your case is scheduled to go to court on a certain date, are you guaranteed that it will happen?
No, because 10 to 15 cases may be set on the judge’s docket the same day as your case. Another case may be heard before you and your case may be reset for another day.
If you want to avoid the anger and bitterness that going to court often produces, is there an alternative?
Most divorces are settled out of court by mediation or simply attorney-to-attorney settlement. The newest method of settlement, that completely avoids the courthouse, is collaborative law. Both attorneys and the divorcing parties vow beforehand to do everything possible to reach a settlement. Sessions are private and the process is meant to eliminate the rancor often associated with divorce.
Questions on Getting A Texas Divorce? Here are answers to some of the most common questions I get about Texas divorces. Still have other questions, concerns or you need more information? Call me. No charge for the initial consultation.