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
There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
In-Person
Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney’s undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.
E-mail
Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.
Telephone
One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.
Fax
Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney’s office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney’s office had to stand in front of the fax to send or receive documents.
Mailing
Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney’s keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.
There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By: Steven Carlson
SEPARATION AGREEMENT – In a marital breakup, a document that outlines the terms of the couple’s separation.
Separation Contracts are generally made by the husband for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife.
So, it’s kind of like a temporary divorce. You can get a Vallejo family law attorney to provide you with a separation contract. It’s easy, fast and relatively cheap to do. If you find that you do in fact need a divorce, having an existing separation contract makes the divorce very easy to execute.
The provisions of a separation contract created by a Vallejo family law attorney are binding upon both parties. The provisions become binding once the final decree is filed with the courts. It is possible that the court may rule that the contract is unfair. So, you’ve got the courts on checking up on your Vallejo family law attorney. In most cases, the whole process is pretty streamlined. The Vallejo family law attorney draws up the contract, you and your spouse sign it, and that’s it!
So why might you want to have a Vallejo family law attorney draw up a separation contract?
Well, the main reason is that it’s cheaper than settling your differences in court. Another reason is that you can live separate lives without officially getting divorce. You can still get a divorce if you need one, and having a seperation contract makes getting a divorce really easy (or at least much easier). The reason is that there’s nothing left to fight over. All the issues are resolved in the separaton contract that your Vallejo family law attorney created for you. If you need to get a divorce, all you need to do is file a few forms and you’re done.
This Vallejo family law separation contract may provide for alimony for either party, rules for using property, provisions regarding children’s residency, and child support.
If you need a Vallejo divorce, the first thing is to file a divorce action. A Vallejo family law attorney can help you with this. Don’t worry, it’s not expensive. The expensive parts come later. Once your Vallejo family law attorney has filed your case, you can seek to enter into a separation contract or Vallejo mediation. These two options will save you time and money. Talk to your Vallejo family law attorney about it.
By: Charles Shaw
