Divorce is difficult enough without having to find a divorce lawyer who is the right fit for your case. Most people have no experience when it comes to searching for an attorney who practices family law, so searching for someone to take on your case can seem daunting.
Getting divorced is not a decision that people take lightly, and rightly so. A skilled divorce attorney may be able to help you avoid costly mistakes during the divorce process. If you are looking for a Texas divorce lawyer, here are some things you should know.
Know What You Need in a Divorce Lawyer
Some divorce cases are more complicated than others. If you know that negotiations are going to be drawn out, you should consider hiring an attorney who has extensive experience with negotiations. Likewise, if you think that your spouse is going to Stonewall and refuse to compromise, you should find a divorce lawyer who has experience with litigation.
Here are some other things to think about:
- If you have minor children, does the attorney have experience with child custody and child support?
- How will your assets be divided and how will that affect your estate plan?
- Will you be working directly with the attorney, or do paralegals handle day-to-day operations?
It’s critical to remember that certain attorneys may act in their own self-interest when selling you their services. They may push you toward a service or expertise that they have that you know you do not need. In such cases, you are your best advocate—which is why it is so important to know what you need before hiring an attorney.
Take Your Time Finding the Right Attorney
It’s understandable that you want to find a divorce lawyer as fast as possible, but taking your time will be worth it. The first attorney you speak to may not be the best to handle your case.
Do your research. If you find someone you think might be a good fit, check out their online presence. Look at their website to learn more about them. Read reviews from other clients.
Speak to your friends and family for recommendations. Ask people you trust if they know anyone. Once you identify some options, set up a consultation with each candidate. Come prepared to ask them about their experience as a divorce attorney.
On a side note, I am happy to answer any questions you have about my experience before we start working together. Contact me to set up a meeting so we can chat.
Find a Divorce Lawyer Who Is in It for More Than the Money
You don’t have to become friends with your divorce attorney, but they should genuinely care about you and your case. It’s not always possible to tell who is in it for the money, but here are a few red flags to avoid:
- There are no guarantees in divorce. If an attorney makes an unrealistic promise, move on.
- If an attorney candidate divulges confidential information from other cases to impress you, they will probably do the same to you with other potential clients.
- During your consultation, pay attention to whether the attorney gives you their full attention. If they are distracted, taking phone calls, or multitasking, they have probably taken on too much at once. This means they will not be able to give your case the attention it deserves.
| Factors to Consider When Choosing a Divorce Lawyer | Description |
|---|---|
| Experience with Negotiations | Hire an attorney with extensive negotiation experience if your case involves complex negotiations. |
| Experience with Litigation | Choose a divorce lawyer with litigation experience if you anticipate your spouse will be uncooperative. |
| Child Custody and Support Experience | If you have minor children, ensure the attorney has experience in child custody and child support matters. |
| Experience with Asset Division and Estate Planning | Consider how assets will be divided and how it affects your estate plan. |
What is the average divorce cost in Texas?
Lawyers.com conducted a survey and found that the average Texas divorce costs $15,600. A survey by Lawyers.com also found that Texas’ average divorce duration is 12.5 months.
However, it isn’t a one-size-fits-all situation. Every case is unique, and each case may take more or less time. The cost of a divorce can also be affected by the hourly rate charged at a local law firm. For example, an attorney in Bexar County may charge a different hourly fee than an attorney from San Antonio.
To get an idea about the costs of each attorney in your case, it is a good idea if you are thinking about divorce. One may seem more similar than the other, while another may have a higher or lower price. Whatever the case, it is useful to have options.
What is the average Texas divorce duration?
It takes approximately 60 days to finalize a Texas divorce. Once the judge has pronounced the divorce in open court and signed the decree, the divorce will be final.
Let’s say the spouses refuse to reach a settlement. The divorce then moves on to a courtroom trial. This may take anywhere from six months to one and a half years, or even longer. Texas divorce costs and complexity are based on the degree of conflict and complexity involved.
At the start of the divorce process, the court will assume that both spouses jointly own all their assets and property. Let’s say that one spouse has separate property. They will need to prove that they do have separate property by tracing it using “Clear and Convincing Evidence”
Separate property is a property that only one spouse has inherited or received as a gift. You might have inherited money or property from your grandparents or mother.
The court will review everything and determine the best way to divide community property among the two parties. It’s a 50/50 split.
In rare cases, such as unequal earnings or fault, it may affect property division. A lawyer can help you better understand Texas divorce costs.
Do I Need a Divorce Lawyer If My Spouse Has One?
If a divorcing couple thinks they have reached an agreement, they may consider using one attorney to manage their legal concerns, prepare documents, and finalize the divorce in court. Many people are hesitant to hire separate attorneys because they fear it could exacerbate conflicts or become too expensive. However, it is not possible for a couple to share one divorce lawyer.
Even if the divorce is uncontested and both parties agree on all aspects, filing a divorce petition implies that the spouses are adversaries in a legal dispute. Therefore, it is considered a conflict of interest and ethically inappropriate for one attorney to represent both parties in a divorce or custody case, even in amicable circumstances.
If the couple has already reached an agreement, one option is for one spouse to hire an attorney while the other goes without representation. This may be feasible if the couple has already undergone mediation, has no children, negligible or no shared assets, or if both parties are in complete agreement and need an attorney only to prepare the necessary documents.
If the couple chooses to hire only one attorney, it is crucial to understand that attorney-client privilege and the lawyer’s obligation to diligently represent the client’s best interests and offer legal advice apply solely to the spouse who has formally retained the attorney. This spouse benefits from the lawyer’s expertise and guidance, while the other must represent themselves and handle procedural and strategic decisions independently.
Ready to Talk About Your Case?
Are you looking for an experienced divorce attorney? Contact me today so that we can have a conversation to see if we are a good fit.
