When should I consult with a divorce attorney?
It is never too early in the process to consult with an attorney. Engaging with legal counsel early allows you to make informed decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that you will be divorced; you may need information about the family law legal process. A common problem that I see is clients wait too long to contact an attorney to obtain legal advice and could have ended up with a better result if they had been informed about their options earlier.
What should I bring with me to the initial consultation?
Because family law matters can be very stressful, it is a good idea to write down any questions you have and bring them with you to the first meeting so nothing important is forgotten. You may also want to bring any documents relevant to your case if available – such as federal income tax returns, or documents concerning your assets and debts. If you signed a pre-marital agreement or any other kind of property agreement prior to or during your marriage, bring a copy to the consultation.
I was just served with divorce papers. What should I do?
You should retain a divorce attorney as soon as possible so they may provide legal advice regarding what has been requested and any hearings that have been scheduled. Once retained, your divorce attorney will file an answer on your behalf.
My spouse and I would like to only hire one attorney for our divorce. Is that possible?
In Texas, one attorney may not represent both spouses. Nor may a divorce attorney retained by one spouse give legal advice to the opposing party. Do some research to find out if your state allows representation by one 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, neutral third-party acts a facilitator for the 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 issues via litigation.
How long will it take to get a divorce?
The time required to develop the final terms of your divorce is highly dependent 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 Petition is filed before the divorce may be finalized.
Do both spouses have to consent to the divorce? What if one of us does not want the divorce?
Texas has a “no-fault” divorce statue. This means that a divorce can be obtained, even if only one spouse desires it. You do not need the agreement of your spouse to file the Original Petition for Divorce or to pursue a divorce.
What does it mean when an attorney is Board Certified in Family Law by the Texas Board of Legal Specialization?
A family law attorney who wants to be Board Certified in Family Law by the Texas Board of Legal Specialization applies to the Texas Board of Legal Specialization to take a day long 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 Board of Legal Specialization, or less than one percent of the lawyers in the state of Texas.
* In addition to taking a written certification exam, family law attorneys applying for board certification in family law must have demonstrated extensive expertise in matters such as divorce, property division, child custody, child support, paternity and other matrimonial matters. Specific requirements include:
Must have been licensed to practice law for at least five years Have devoted at least 35% of his/her practice to family law for the last three years Have experience handling a wide variety of family law matters Have received recommendations by fellow attorneys and judiciary members Must pass a day-long written exam on family law issues such as divore and child custody Demonstrate regular participation in family law continuing education seminars
By: Nick Comito
Some of us may insist that we will not need the services of a competent and experienced Orlando divorce attorney for any kind of divorce case. Of course, you are allowed by law to personally present and handle your divorce case in court. However, this is not the right way to go as you may not have the wherewithal and the competence in ensuring that your legal rights are protected during the entire proceedings. There are several indicators related to divorce cases which you can refer to in determining if you will require the services of a competent and experienced Orlando family attorney.
Here is a checklist of the important aspects of a typical divorce case which you must consider when making up your mind whether you will spend for the services of a good lawyer or not.
1. Are you expecting any serious dispute for the custody of the children? If that is the case, then you will definitely require the services of a competent lawyer as you won’t want to lose your custodial rights to your children.
2. Has your spouse gotten a lawyer for the separation case? As soon as the other party decides to seek legal counsel, then the case takes on major twist. You can not afford to proceed with the separation case without getting your own lawyer to assist you.
3. Are you expecting serious arguments affecting conjugal properties and your personal assets? The material aspect is easily one of the most contentious and serious elements of any separation case. If you have more at stake in terms of material assets, then you must not dilly dally and get the service of a lawyer at once.
4. Is your spouse demanding support? Once you are able to confirm that spousal support will be demanded from you then it is important that you are properly guided by an experienced and competent lawyer. Alimony usually presents a lot of uncertainties and courts will come up with differing positions and rulings for separation cases that have relatively the same merits. It is important that you get a fair shake from the courts in as far as alimony is concerned.
5. Do you have a personal retirement or old age pension account? If you have been married for at least 10 years during the time that the separation case is filed then you will have to take into account your retirement or pension funds as this will be treated in the same way as your conjugal properties.
6. Do you have a domineering spouse? Lest you will be engulfed and overwhelmed by your spouse during the separation proceedings, it is best that a lawyer will represent you in all your dealing and negotiations.
7. Is domestic violence an issue for the separation case? If the situation involves alleged domestic violence, it is incumbent upon the person involved to immediately seek legal advice from a properly trained and experienced lawyer. The veracity of the allegation is not the immediate concern but the prompt access to the expertise of a lawyer as domestic violence can have devastating impact to your case.
With these things in mind, you can now determine the need to hire professional counsel. You can always get a consultation and make your determination after meeting with a respectable and reliable lawyer.
Many people think that getting the services of an attorney for the family on a long-term basis means keeping a legal counsel on retainer. However, hiring a long-term family attorney has its advantages. For many people, a long-term family attorney is helpful in many ways.
One of the main purposes of getting a family attorney is to avoid searching frantically for one when the need arises. Another thing, you do not have to deal with a different attorney each time you have a dispute to settle, whether at work or within the family. Your long-time family attorney knows your history and can be very knowledgeable about your issues.
Hiring a long-term family attorney from a reputable law firm is a wise decision. You need not worry about the cost of hiring an attorney for the family. A long-term family attorney can be paid on an hourly basis. There are also attorneys who take cases and work for families on a pro bono basis. In California, for example, attorneys are required to devote certain hours each year to pro bono cases.
You can choose a long-term attorney for the family through the following ways:
• Referral from friends – A friend or a family member is a good source of information on how to find an attorney to serve as a long-term family legal counsel. A referral from friends or relatives who worked previously with an attorney may provide important information on an attorney’s background and credentials.
• By peer reviews – To know any information about an attorney, you can refer to attorneys’ ratings review that is an important source of an attorney’s credibility.
Choosing an attorney to serve the long-term legal needs of a family is never easy. Hiring attorney does not always guarantee that you get the quality of service you desire.
However, you can ensure that an attorney can serve your interests and protect your rights by asking yourself the following questions before hiring a long-term family attorney:
1. What level of involvement do I want when dealing with a case? Do I want to be consulted from time to time? Or do I want to be involved fully?
2. What are my priorities? Do I want my attorney to be more concerned about protecting my business or my family?
3. Am I willing to seek alternative dispute resolutions such as mediation or arbitration rather than pursue a case in court?
4. Is the cost of getting a family attorney a major issue?
After finally deciding that you need the services of a long-term family attorney, it is time to select your choice. If you have narrowed down your choices of an attorney to hire, here are questions you should ask an attorney before settling down.
• What is the attorney’s fee agreement? Can you arrange on a case-to-case basis or an hourly basis of payment?
• Has the attorney handled a similar case before? What is his area of expertise?
• How long has the attorney been in practice? Has he handled trials of family cases before?
• Will the attorney handle your case personally or are other attorneys getting to be involved?
Selecting an attorney is the first step toward protecting your family. Hiring an attorney from a reputable Los Angeles law firm will ensure that you get the long-term legal services you desire for your family.
By: Manuel Salvacion
