When should I consult a divorce attorney?
It is never too early in the process to consult an attorney. Engaging with legal counsel early allows you to make the right decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting an Austin divorce attorney doesn’t mean you’ll get a divorce; You may need information about family law proceedings. A common problem I see is that clients wait too long to contact a lawyer for legal advice and could end up with a better outcome if they had been informed of their options beforehand.
What should I bring to the initial consultation?
Since family law matters can be very stressful, it’s a good idea to write down any questions you have and bring them to the first meeting so that nothing important is forgotten. You may also want to bring any documents relevant to your case if available – such as a federal income tax return, or documents regarding your assets and debts. If you signed a prenup or other property agreement before or during your wedding, take a copy of it to the consultation.
I just got served with divorce papers. What do I have to do?
You should hire a divorce attorney as soon as possible so they can provide legal advice on what has been requested and any scheduled hearings. Once defended, your divorce attorney will file an answer on your behalf.
My spouse and I only wanted to hire one attorney for our divorce. Is that possible?
In Texas, one attorney may not represent both partners. Divorce lawyers who are detained by one of the spouses may also not provide legal advice to the opposing party. Do some research to see if your state allows representation by a single attorney.
I understand that I have to go through mediation for my divorce. Is that true?
In Travis, Williamson and Hays Counties, mediation is required before a final hearing will be held in a family law case. In mediation, a trained and neutral third party acts as a facilitator for settlement discussions between the parties and their respective attorneys. If an agreement cannot be reached during the mediation process, the parties may decide to resolve their issue through litigation.
How long does it take to get a divorce?
The time it takes to develop the final terms of your divorce will depend largely on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a statutory waiting period of 60 days after the Application is filed before the divorce can be finalized.
Do both partners have to agree to a divorce? What if one of us doesn’t want a divorce?
Texas has a “no fault” divorce statue. This means that a divorce can be obtained, even if only one spouse wants it. You do not need the consent of your spouse to file a Original Divorce Application or to file for divorce.
What does it mean when an attorney gets Board Certification in Family Law by the Texas Law Specialization Board?
A family law attorney who wishes to become Board Certified in Family Law by the Texas Law Specialization Board applies to the Texas Law Specialization Board to take a one-day written exam to become Board Certified in Family Law. Of the 78,032 attorneys licensed to practice law in Texas, only 691 are Board Certified in Family Law by the Texas Law Specialization Board, or less than one percent of attorneys in the state of Texas.
* In addition to taking the written certification exam, family law attorneys applying for board certification in family law must have demonstrated extensive expertise in such matters as divorce, property division, child custody, child support, paternity and other marital issues. Specific requirements include:
- Must have a license to practice law for at least five years
- Has devoted at least 35% of his practice to family law over the past three years
- Have experience dealing with various family law matters
- Have received recommendations from fellow lawyers and members of the judiciary
- Must pass written exams throughout the day on family law issues such as divorce and child custody
- Demonstrate regular participation in family law continuing education seminars
