Divorce Lawyer in Woodlands and Huntsville TX
A Guide From Texas’s Top Divorce Attorney, Serving The Woodlands, Spring & Conroe
Divorce is common, but nonetheless, it is a difficult process to go through — especially if you are dealing with property division or child custody arrangements. If you are getting divorced in the state of Texas, then you will want to familiarize yourself with this process and the important laws which may affect the outcome of your case. The Law Office of Andrew J. Bolton can assist you in navigating the emotional and complicated process of divorce while ensuring that you know all of your options for settlement. Keep reading to learn more about this area of our practice.
Texas Divorce Laws
In Texas there are laws that affect the process of dividing property and determining child custody during a divorce. With respect to child and spousal support, decisions may often be made on a strictly financial basis, but often there may be a bigger picture involving other circumstances that should be considered. These are areas in which having an attorney can make a big difference in the court’s decision.
Steps to Take in a Divorce
To file for divorce in Texas, you or your spouse normally should have residency in the state for a continuous six-month period with residency in a specific county where the divorce is filed for at least 90 days. If you meet these qualifications, here is a look at what you can expect in the filing process.
- File an original divorce petition – One spouse will petition the court for divorce, and the other spouse will subsequently be served with divorce papers. In cases where divorce is being filed cooperatively, the other spouse can sign a “waiver of service” to avoid being personally served. When one spouse feels threatened by the other in some way (either physically or out of concerns about their property), a temporary restraining order may be filed with the divorce. This document will require that no assets can “disappear” or be destroyed before being divided-up by the court; and that each spouse act civilly without threats or harassment.
- Attend discovery – “Discovery” is a legal procedure where parties have a right to request information, documents, or perhaps testimony from the other party. During discovery, spouses may gather information they may need from each other such as important documents or financial statements.
- Discuss a settlement – With representation from Andrew J. Bolton, Esq., often you may be able to avoid a court case and settle with your spouse early on in the proceedings. Settlement discussions led by attorneys are generally more successful than those engaged in without the assistance of counsel.
- Set a trial – If agreements cannot be made out of court, a trial will be set. Before the trial date, spouses will be required to attend mediation as a last ditch attempt to settle. Nevertheless, a trial will be the absolute last step in which the court will rule on those issues that could not be settled by negotiation.
At the law office of Andrew J. Bolton, Esq. we generally will recommend an uncontested divorce in which you and your spouse reach an agreement on key issues. However, there are times when this process is simply not possible and a contested divorce will need to take place. If you and your spouse have been unable to come to an agreement on spousal support, child custody, or property division, then you will need to take your case to court so that a judge can make determinations on financial and custodial issues.
By contacting Andrew J. Bolton, Attorney at Law for divorce representation in The Woodlands, you can ensure that you will have an experienced lawyer on your side to preserve your interests and present the best possible case before the court.
What to Expect with a Contested Divorce
A contested divorce typically takes longer to finalize, because it will include one or more court trials or hearings. Moreover, if you choose to appeal a judge’s decisions, then, of course, an appeal may be filed, but this will further elongate the time frame. Furthermore, a contested divorce will invariably be much more costly, since there are multiple phases in a contested divorce process, including discovery, pretrial motions and hearings, mediation, and the trial itself.
Key Issues in Your Contested Divorce
With a contested divorce, there may be one or many areas where you and your spouse are unable to come to an agreement and cannot accept a settlement. Courts strongly encourage that you come to a settlement before your trial, but this may not be realistic with the disagreements which commonly arise in divorces. Because each of the following issues can have a lifelong impact subsequent to your divorce, you will want to have skilled representation in connection with our practice:
- Division of property – In Texas, property is not necessarily divided 50/50 in every case. Other factors, such as earning potential and fault in the divorce can influence property division decisions in court.
- Division of debt – Divorce may not only have you losing assets, but it could cause you to acquire an unfair portion of your spouse’s debt if you do not have an experienced attorney working for you.
- Child custody – Personal disagreements can get in the way of a child custody arrangement that is best for your children, but an attorney can provide you with an objective view to come to a reasonable solution.
- Spousal and child support – Whether you are seeking support from your spouse or contesting a spouse’s request for post-divorce financial support (alimony), you will not want to settle for an unfair arrangement that threatens your own financial security.
The Right Choice for Your Divorce
Divorce is already difficult enough — don’t make things worse by working with an inexperienced legal professional, or worse, by yourself. Instead, hire an attorney to help guide you through the divorce process and ensure that your interests are protected. Andrew J Bolton and our legal staff have over 20 years of experience in divorce and family law.
Whether your divorce includes child support and custody issues, property disputes, or high-profile net worth concerns, our team has the expertise and successful experience to help you help you reach the settlement you deserve. If our team decides to take your case, all of our consultation fees will count as credits for total case fees.
To learn more, and to schedule your free consultation, contact our Texas law office at (936) 435-1908 today!
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