We’re Getting Divorced, Do We Need a Lawyer?

Divorce Lawyer

Going through a divorce can be one of the most difficult times in any couple's life. Many who are in this situation find themselves wondering if they should hire a lawyer, and as Texas divorce laws can be quite complicated, it is certainly worth considering. Hiring an experienced divorce attorney can make the process easier in the long run. In this post, we’ll be delving into the reasons it could be beneficial to hire a divorce lawyer.

1. A Divorce Attorney Will Have Extensive Knowledge of the Legal System

If you do have a court hearing and you represent yourself, the judge will hold you to the same standard as an attorney. Divorce is one of the most difficult times in a person's life, and no matter how organized you are, it is likely you will run into issues where you are unsure what to do. The law is complex to navigate and if you are unfamiliar with it, there are many opportunities for mistakes to be made.

For example, before even filing the divorce petition, there are residency requirements that must be met in Texas. The requirements state one or both spouses must have lived in Texas for at least six months and in the county where they are filing for at least ninety days.

But what if the spouse filing for divorce, or the petitioner, isn't living in Texas at the time of filing? What if the other spouse isn't? What if the other spouse is in the military? What if their children aren't living in Texas? A divorce lawyer can guide you through these questions and other concerns that may arise.

2. An Attorney Can Help You Sort Out Agreements

Divorce is split into two parties, the petitioner, or the person initiating the divorce, and the respondent, the person being served papers. When the petitioner files for divorce, he or she must provide a reason for ending the relationship. In Texas, these reasons are divided into two categories:

  • No Fault: This divorce is the most common. In it, neither spouse blames the other for causing the marriage to fail. The no-fault divorce requires very little paperwork, and the spouses are able to handle things like division of assets and child custody on their own.
  • Fault: One spouse claims the other caused the end of the marriage through either adultery, abandonment, or cruelty.

While a no fault may seem simple, it can quickly become complicated. You may struggle to come to agreements on terms such as child custody, debts and assets, and more. The divorce may have to go through a discovery period, in which both parties have to disclose information relevant to the divorce, such as finances and other assets. In this case, a spouse may not know how to present the information properly or in a timely manner. He or she may even know the other is withholding information. A lawyer would be able to help you sort out issues that arise, assist with decision making, and research to find out if your spouse is withholding information.

3. An Attorney Can Help You Remain More Objective

Divorce is an emotionally difficult and trying experience, often leaving those involved feeling drained and upset. It can be especially hard to remain objective as emotions arise and complicate matters. In this situation, having the help of an experienced attorney can alleviate the stresses of coming to agreements with your spouse.

Not only will an attorney help you navigate the legal system, they'll also be able to give an objective opinion that can help cut through any emotional distractions or fog. Knowing that there is someone on your side with professional expertise in the law while going through a divorce is invaluable; it's comforting to know you don't have to take everything on yourself.

4. An Attorney Can Protect Your Rights

Hiring an experienced divorce attorney is an important way to protect yourself and your rights during this time. An attorney will help make sure that you are treated fairly when it comes to areas such as timesharing, child support, and alimony. Not only will hiring a lawyer ensure that your rights are respected, but it can also provide peace of mind knowing you have someone who is knowledgeable about the divorce process advocating for you along the way.

Hire Our Killeen Divorce Lawyers

The internet and public library can be great sources of information if you are facing divorce. There is no denying that you can save money by utilizing these tools. However, this should not serve as a replacement for legal advice from an experienced attorney.

A skilled lawyer has the training to understand and use legal concepts on your behalf in ways you may not even be aware of. They can also protect your rights and help secure a favorable outcome to make sure you get what is rightfully yours. Hiring an attorney is worth the investment so that you can take advantage of the expertise necessary for such a life-changing situation.

At the Law Office of Nancy Perry Eaton, PLLC, we are dedicated to guiding clients through the divorce process with care. Our priority is helping alleviate the heavy stressors that come with divorce. Our office offers payment plans and financing options for those in need. We truly believe that legal services should be available to all that need them.

Call today at (254) 221-8588 or schedule a consultation with us online.