Why should I hire an attorney for my divorce

In Texas it is true you do not need an attorney to file for a divorce. However, divorces are a complicated and emotionally driven matter. Without the expert guidance of logic driven counsel, you may find that you end up worse off than if you did retain counsel. If you have; children, disagreement on distribution of property, business assets, claims to spousal maintenance, or retirement accounts, you should get the guidance of an attorney.

 

Can one lawyer write up the divorce

No. A lawyer can only represent one client in a matter. Imagine if a dispute arose from the process. The lawyer cannot sit at both tables in the court room representing husband and wife. If both parties agree on all matters of the divorce, especially if there are no children involved, then it may be best to seek a mediator or an attorney mediator to be a neutral 3rd party.

Do I have to give a reason to divorce my spouse

Yes there must be a reason for a divorce. Texas legislature believes that couples remaining married is in the best interests of the children of that marriage. Therefore, you must have a reason to terminate the marriage. Texas outlines seven reasons for divorce under the Texas Family Code section 6: Insupportability of the Marriage, Cruelty, Adultery, Conviction of a Felony, Abandonment, Living Apart, and Confinement in a Mental Hospital.

How long does it take to get a divorce

A divorce cannot be completed faster than 60 days. Outside of that requirement, it is hard to tell because every divorce has variables that can alter and extend the date of the final decree. Children, assets, spousal maintenance, retirement accounts, real property, and willingness of both parties to agree on terms can affect the time frame it takes to complete the divorce.

I thought Texas was a "no fault" state

Yes. One party does not need to be at fault in the marriage to have a divorce. Therefore both parties do not have to agree to the divorce for it to happen. This is why Texas allows the reason of insupportability. Insupportability means the marriage is broken and cannot be fixed.

 

406-641-BUTZ

791 Hwy 77 N, Ste 501-C, #186 Waxahachie, TX 75165
Dallas Office - 6440 Nth Central Expy. ste. 900-G, Dallas, TX 75206

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