Kerrville Divorce Lawyer Guiding Clients Through Divorce Disputes in Texas
A divorce can be an emotionally draining experience, and you may feel like your world has turned upside down, making it hard to make critical decisions and defend your rights. This is when getting the help of a divorce lawyer can significantly impact your case’s outcome. Our firm explains what you need to know about getting a divorce in Texas and what role an attorney can play in the process.
What Should I Do to Prepare for a Divorce?
If you have already decided that a divorce is the right thing to do and that your marriage is no longer salvageable, it may be worth taking a few steps before you even let your partner know about your intentions. You may want to start collecting essential documents such as credit card statements, a copy of life insurance policies, birth certificates for children that you’ve had together, and any relevant documents that can help your attorney understand your financial situation and which of your assets may be counted as marital property.
In addition, if you intend to move out of the marital home, you may want to make arrangements for yourself, starting with opening a separate checking account and maybe a credit card only in your name. You will also need to consider where you will live and whether you will have a vehicle for transportation or will need to purchase one.
Finally, if you have children, you will need to think about their living arrangements and what the ideal custody situation would look like for you. It would also be a good idea to consult a Kerrville divorce attorney as soon as possible to get answers to your questions, even if you are not ready to move forward with your divorce yet.
What Types of Divorce Are There in Texas?
Texas couples wishing to end their marriage have a few different options available. Every divorce case is unique, and the type of divorce you may get usually depends on whether you and your ex can reach a mutual agreement on all divorce issues.
If both parties wish to get a divorce and neither party blames the other for the end of the marriage, then the couple may choose to get an uncontested divorce, sometimes referred to as a no-fault divorce. This type of divorce is usually quicker and less expensive than a fully litigated divorce, and the more issues both parties can agree on, the easier the divorce process usually becomes.
Mediation is also possible for a couple wishing to avoid the expenses of a litigated divorce. A mediated divorce relies on a neutral attorney to guide conversations and facilitate the negotiations between both parties to reach an amicable resolution. The court sometimes requires mediation before a divorce case can continue to the litigation phase.
A litigated divorce happens when the parties cannot agree on all or some of their issues and wish to bring their case to court so that a judge may hear both sides of the story and make a decision. This often means each side will have its own attorney and will likely need to participate in numerous hearings, submit significant evidence and paperwork, and reach the trial stage before a final decision can be achieved and their case finalized.
What Items Have to Be Addressed in a Divorce Order?
When a couple decides to get a divorce, there are many items they will need to make decisions on. If the divorce is amicable, they may be able to negotiate on their own and reach a mutual agreement on those issues. In the case of a litigated divorce, it may be up to the judge to decide it for them.
The most common items to be addressed in a divorce order include marital property division, child custody and support, and alimony or spousal support. In Texas, marital property is usually divided fairly and equitably, which may not always mean a 50/50 split. This also applies to any marital debt. If the couple has children together, they will need to agree on whether they will have shared custody of the child (called joint managing conservatorship in Texas) and what the parenting schedule of the non-custodial parent will look like.
The parent that does not reside with the child for the majority of the time is often the one that may be required to make child support payments. The amount and frequency of child support payments are also determined as part of the divorce order. In some cases, one of the spouses may request alimony or spousal maintenance payments if that person can prove they cannot support themselves due to relying entirely on the other spouse’s income during the marriage. If spousal maintenance payments apply to a divorce, the frequency, amount, and maximum duration will also be included in the final divorce order.
Why Should I Work With a Kerrville Divorce Attorney?
Divorces can be complicated not just from a legal standpoint but from a personal level, too. Your family relationships, emotional well-being, and financial health can all be affected, so it is vital to rely on a knowledgeable professional to help you understand your rights and make the best decisions to protect your interests. There is no reason to try and fight it all on your own. Reach out to the Law Offices of S. Dylan Pearcy in Kerrville, TX, to discuss your case by calling (830) 222-8629 and scheduling a no-commitment consultation. We look forward to assisting you.