Do I need a divorce attorney in Texas?

The short answer is, that you want one. Hiring a skilled divorce attorney in Dallas who can guide and empower you as you navigate your divorce can allow you to design your next chapter with confidence.

1. Understand Texas Family Law

Family law can be complicated and difficult for a layperson to understand. There are many factors that come into play regarding the timing of how a case proceeds, mandatory disclosures that must be made between the parties, determining custodial rights, calculating the required payment of child support, the division of property and debt, and other issues involved in the dissolution of a marriage. 

A knowledgeable divorce attorney can help you understand which laws apply to your case and discuss how they may affect your goals. Together you can discuss different scenarios, possible outcomes, and the potential repercussions of certain choices, all to equip you with the knowledge you need to make an informed decision as you walk through the divorce process. 

2. Navigating Child Support

Child support is money that is paid from one party to the other for the benefit of children to help with the financial responsibility of caring for children. Fathers or mothers can be ordered to pay child support. The amount of child support is determined based on the income of the paying party and how many children are in the family. The money is typically paid weekly, bi-monthly or monthly and may be taken directly out of paychecks. 

The amount of child support owed is regulated by the Attorney General of the State of Texas, and your attorney can advise you on both the child support guidelines and the calculated support applicable in your case. Also, know that child support can be negotiated, and the parties can agree to higher than baseline child support if appropriate. Bottom line: A skilled divorce attorney can ensure you have a clear order for child support, when it’s paid, when it can be modified, and when it stops.

3. Understanding Spousal Support

Spousal support, or alimony, is paid from one party to another either on a regular basis or as a one-time payment. It is not guaranteed by Texas family law. Spousal support is not typical, and several hurdles will need to be cleared in order to receive an award of spousal support. An experienced family law attorney can assess the specifics of your situation and the likelihood of spousal support in your case. Your attorney can work with you to keep any spousal support equitable, ensure the order for support is clear and enforceable, and can explain to you how this support can change or be stopped in the future.

4. Child Custody: Crafting Solutions That Serve Your Family 

Determining the time each parent spends with the children is one of the most important and emotionally charged aspects of a divorce. Your divorce lawyer is key to helping you understand your options, explaining the rights and duties that must be addressed, and advising how to reach a compromise that serves your family. The agreement will not only spell out possession of the children during the school year and summer, but also details time during holidays and birthdays, traveling out of the state/country, medical and educational decisions, and who designates the primary residence of the children. Usually many of these rights and duties are shared between the parents, but you will need to evaluate what is best for your children and your situation. 

Each family is unique, and having an experienced divorce attorney craft a solution outside of the courthouse that addresses your family’s situation usually provides the best result. Keep in mind that if you and the other parent cannot agree, the court will make these decisions for you. The State of Texas has a default possession schedule; this is usually the starting point for negotiations, and is what the court will utilize when making their decision. Outlining the custody arrangements clearly and in detail in the final order will minimize confusion and conflict later down the road, and your divorce attorney will be instrumental in making that happen.

5. Division of Assets and Liabilities

Untangling community property and separate property can be confusing as well. Funds and property acquired during the marriage is generally community property and is subject to an equitable division unless it was a gift or inheritance. However even an inheritance can convert into community property depending on how it was used once received; if you comingle the funds, you may sacrifice any claim that it is separate property. Retirement accounts are often a mix of community and separate property if the account was opened prior to marriage and maintained during the marriage. The same applies to investment accounts.

If you and your spouse incurred any debt during the time you were married, you will need to come to an understanding about how that debt will be divided. This may include debt for a home, vehicles, personal loans, and credit cards. It may include debt that is in both your names but sometimes can also include debt in just one of your names. Debt that you took on before you were married, such as with student loans, is treated differently than the debt you incurred during the marriage, but liability may still fall to you both under certain circumstances.  

A knowledgeable divorce attorney can walk you through the distinctions between community and separate property, craft an equitable division of financial accounts including debt, and help you strategize and negotiate for the property division that best suits your goals.

6. The Power of Skilled Negotiation & Strategy

Negotiating is instrumental to the “success” of your divorce and how you measure success in general. Skillfully negotiating a final agreement is a large part of bringing a divorce to an equitable end, and a smart, experienced divorce lawyer who’s on your side can advocate for you during the back-and-forth that can sometimes become intense. Negotiating in a way that maintains progress moving forward, rather becoming mired down in a long drawn-out battle of wills, often nets the best result for both parties. A skilled attorney will know how to be a strong advocate for you without allowing unnecessary conflict to color the proceedings or prolong achieving a resolution. They will know the law, how to utilize it, and will utilize their experience to be a champion for your interests.

Negotiation strategy can significantly affect whether or not you get a fair settlement in your divorce. Such an important undertaking requires the help of someone with proven expertise in settling disputes in a fair and reasonable way. They will also know how to keep you focused on your end-goal, building a solid foundation for your future.

7. Representation in Court

While the goal is to solve all disputes without court intervention, if you and your spouse cannot come to an agreement, a judge will decide those issues for you. If your case goes to court, a knowledgeable divorce lawyer can be a strong advocate and represent you and your best interests in court, backed up by expertise, experience, and knowledge of the law. Knowing what documents are expected, courtroom decorum, how arguments should be presented, etc. can be a daunting hill to climb alone. Attorneys with court experience and who are knowledgeable about the judges will be better able to come prepared, make the appropriate arguments, and advocate for you before a judge.

A Skilled Divorce Attorney Can Make All the Difference

Getting divorced is one of the most stressful events possible in life, and having an attorney who specializes in family law on your team can help make it easier. Relying on an experienced divorce attorney can help you have confidence knowing that you have an advocate on your team with your best interest at heart, someone helping you protect what matters most to you.

Contact the Dallas divorce experts at Hargrave Family Law today for a complimentary case evaluation to discuss your options. We’re here to help.