If you’re going through a divorce, you almost certainly have a lot of questions, and the answers to those that divorce attorneys field most often can really help you navigate your own divorce with greater confidence.
The one universal truth that applies across all divorce cases is that working closely with an experienced Round Rock divorce attorney from the outset is always in your best interest.
One: Can I be divorced in 61 days?
Divorcing couples seem to all know about the nearly mythical 61-day divorce, but it’s more important to focus on obtaining solid terms that protect your rights than it is to fixate on how quickly you can possibly be divorced.
The bottom line is that, if you and your divorcing spouse are both willing to engage in civil negotiations and are both committed to moving things along, you can be divorced in about 61 days – but the court’s busy schedule will have to align.
Two: Can my spouse and I share a divorce attorney?
No, and you wouldn’t want to. Your attorney works solely for you and your best interests while your divorcing spouse’s attorney does the same for them. Your attorney and their staff are fully committed to building your strongest case and to defending your rights – as mandated by law – and they can’t do this if they have to factor in your soon-to-be ex’s best interests in the process.
Three: What if I don’t want a divorce?
Divorce is always emotionally challenging, but if your spouse initiated a divorce that you don’t want, the matter is that much more painful. The fact is, however, that Texas is a no-fault divorce state – like every other state in the nation to one degree or another – and as such, your spouse can obtain a divorce whether you want one or not.
If this is the difficult position you find yourself in, it’s time to take action by consulting with a dedicated Round Rock divorce attorney. While you may not be able to save your marriage – unless your spouse has a change of heart – you can protect your parental and financial rights, which will play a critical role in your post-divorce future.
Four: Are there any sure signs that divorce is the answer for me?
While there are plenty of people out there who would love nothing more than to give you marital advice, only you – in the end – can decide if you need a divorce or not. Divorce is a deeply personal matter that requires a considerable amount of soul searching.
Discussing the issue with a trusted divorce attorney can provide you with a better handle on what a divorce would likely mean for you, which can help you make a better-informed decision. Ultimately, you’ll need to decide whether you want to pursue a divorce or to save your marriage – unless your spouse makes the decision for you.
Five: What is the divorce process in Texas?
In Texas, one of you must file for divorce, and from here, the spouse who filed must have the other officially served with the divorce papers – unless the other spouse waives their right to service in writing. From here, you can expect to move through each of the following steps – as applicable:
Temporary orders that address matters such as child custody arrangements, child support, and spousal maintenance while your case is pending
The discovery phase – when you share financial documentation and other forms of evidence with one another
The settlement negotiation process in which you attempt to resolve your divorce terms by finding middle ground
The trial, which only applies if you’re unable to resolve one or more of your divorce terms after exhausting your ability to negotiate
Divorce finalization
Six: How likely is my case to settle?
The vast majority of divorce cases in Texas settle, and yours is very likely to be included in this category. The kinds of factors that can drive a case to trial include the following:
A highly contentious divorce in which at least one spouse is willing to do just about anything to drag things out
High assets or business ownership, which can make property division far more complicated
When either spouse is pursuing a fault-based divorce, which makes it a contested divorce
Seven: Is a fault-based divorce ever worth the extra effort?
While it’s true that fault-based divorces take more time, are more expensive, and are generally more emotionally fraught than no-fault divorces, there are no absolutes when it comes to divorce. In order to obtain a fault-based divorce, you’ll need to prove your spouse’s wrongdoing, which often means adultery or cruelty and can be a tall order.
In other words, there are a variety of obstacles when it comes to obtaining a fault-based divorce, but there are also valid reasons for biting the bullet and traveling this path. This is yet another deeply personal decision, but your compassionate divorce attorney can help you make a better-informed choice that is right for you.
Eight: What is the difference between a contested divorce and an uncontested divorce?
Many people get hung up on the difference between contested and uncontested divorces, but the distinction between the two is actually quite simple. Your divorce is uncontested if you don’t require the court’s intervention to resolve any of your divorce terms. And if you do need to resolve a term at trial, your case is contested.
This does not, however, mean that uncontested divorces proceed more smoothly or that they’re less dramatic. Divorcing couples often battle out the terms of their divorces outside of court because they don’t want to give up their decision-making authority, and in the process, things can become very heated.
Conversely, a contested divorce can be fairly placid, but there happens to be a term that the couple couldn’t resolve between themselves.
In other words, the terms contested and uncontested have little to do with the amount of fireworks going on. In general, however, contested divorces tend to be more emotionally charged simply for the fact that the court is making decisions on behalf of the couple, which can be difficult to handle.
Nine: What is my attorney’s role?
Your focused divorce attorney’s sole purpose is protecting your parental and financial rights throughout the divorce process. They will be guided by your preferences, but they will also help to ensure that you make well-considered decisions that bolster your position.
Additionally, they will engage in skillful negotiations on your behalf or will help you strategize through your own negotiations with your divorcing spouse.
Other ways your attorney will help include all the following:
Helping you avoid the pitfalls that many people going through a divorce encounter, such as posting on social media when taking a break from posting is a better strategy while your case is pending
Helping you establish your divorce priorities, which can help you focus on the bigger picture and avoid getting caught up in minor details that ultimately don’t matter as much
Helping you determine which compromises serve your divorce priorities well and which don’t
Helping to streamline the divorce process for you without losing sight of your rights and best interests
Building your strongest case in support of favorable terms
Being well prepared to take your case to trial if doing so proves to be the right course of action for your unique situation
Nine: What are the separation requirements in Texas?
The State of Texas does not recognize legal separations. This means that you and your spouse are married until your divorce is finalized – even if you live separately and have temporary orders while your case is pending.
This fact can prove important in relation to a fault-based divorce. Having a sexual relationship with someone other than your spouse while you’re married – even if you’re separated – is adultery and can support a fault-based divorce, which makes this an important issue to keep in mind.
Ten: Can court be avoided entirely in a Texas divorce?
Even the most straightforward Texas divorces must be finalized in prove-up hearings. While these are more of a formality than anything else, at least one of you must attend. At this hearing, the judge will consider the terms you’ve negotiated and is almost certain to approve them and finalize your divorce in the process.
Eleven: What if we change our minds about divorce along the way?
You are not required to go through with a divorce if you come to the mutual decision that you want to save your marriage. The rigor of divorce makes some couples reach the conclusion that putting their effort into healing the marriage is a better use of their energy.
Twelve: What is the difference between divorce and annulment?
Divorce dissolves the marriage contract, and it means that you were once married but now are not. Annulment, on the other hand, can only be obtained under highly specific circumstances, and it nullifies the marriage. This means that you were never married in the first place – with regard to the annulled marriage. Grounds for annulment include:
One party was intoxicated at the time of the marriage and, therefore, could not provide informed consent
The parties are too closely related
One of the parties was already married
One of the parties was underage at the time of the marriage
The marriage took place before 72 hours had passed since obtaining the marriage license
Generally, time is of the essence when pursuing an annulment.
Thirteen: Am I required to have legal representation in my divorce?
Without seasoned legal counsel on your side, your parental and financial rights hang in the balance. When it comes to divorce, the stakes are too high not to have a knowledgeable attorney backing you up as you move through the process.
Fourteen: How will our assets be divided?
Property division in a Texas divorce is based on what is just and right in relation to the unique circumstances involved. This often means an equal division, but it doesn’t necessarily. Some of the factors that come into play in the division of marital property include the following:
The length of the marriage
Each spouse’s age and overall health
Each spouse’s earning potential and employability
Each spouse’s overall level of education
The discrepancy between the spouses’ incomes
The child custody arrangements in the case
The size of each spouse’s separate estate
The size of the marital estate
The division of marital property is a complex legal matter that will hinge on the specifics of your unique situation.
Fifteen: Will I become the primary custodial parent?
In Texas, child custody determinations are based on the best interests of the children, which generally means each parent receives a generous parenting time schedule. One of you may, however, become the primary custodial parent who will have the children for the majority of their overnight visits.
If you’ve been more involved with parenting your children thus far, if they’re currently living primarily with you, and if they’re currently doing well in terms of their home, school, and community, it puts you in a good position for becoming the primary custodial parent.
Sometimes, it simply makes more sense for one parent to assume the primary parenting role, and both spouses are in agreement on the matter. In other cases, however, both parents vie for this position, which can become especially contentious. Parents can also split their time with their shared children more equally.
Reach Out to an Experienced Round Rock Divorce Attorney for the Help You’re Looking For
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Round Rock divorce attorney who takes great pride in his well-established reputation for fiercely defending his valued clients’ rights, and he’s here for you, too.
If you’re facing a divorce, please don’t delay contacting or calling us at 254-781-4222 and scheduling a free consultation today.