Risks to Navigating Divorce Without an Attorney
Going through a divorce can be an incredibly difficult and emotionally draining time. On top of dealing with the end of a marriage, you also have to navigate complex legal procedures and make major financial decisions. It’s understandable why many choose to file for divorce pro se (without an attorney) in an attempt to save money, but this route comes with substantial risks.
In this comprehensive guide, we’ll explain the common pitfalls of DIY divorce in Texas and how working with a qualified divorce attorney can lead to better outcomes. We’ll also provide solutions that our firm, Bastine Law Group, offers to support you during this challenging transition.
If you are experiencing a divorce or need support with family law issues, don’t hesitate to contact our family law attorneys at Bastine Law Group at 281-784-3222.
The Risks of Filing for Divorce Without Legal Representation
While it may seem straightforward, filing for divorce in Texas involves adhering to specific laws and meeting rigid procedural requirements. Without proper guidance, critical mistakes can be made that negatively impact your rights and finances down the road. Here are some of the most common risks:
1. Not Understanding Texas Divorce Laws
The laws governing property division and spousal support in Texas draw on community property principles and have key differences from other states. Complex issues can also arise related to separate property owned prior to marriage or received as a gift/inheritance during marriage. Even veteran family law attorneys continue learning the nuances. Handling a DIY divorce means jeopardizing your fair share without comprehensive legal knowledge.
2. Overlooking Assets and Financial Discrepancies
Identifying and accurately valuing all marital property in Texas during a divorce is essential for equitable division. This encompasses:
Tax returns - Bank/investment statements
Real estate deeds & documentation
Retirement account records
Without declarations from both spouses, it can be incredibly difficult for one ex-partner to locate all assets in Texas nooks and crannies. You risk eventually discovering accounts, investments or real estate you were entitled to but missed out on.
3. Inadequate Child Custody Agreements
Crafting durable custody arrangements means accounting for contingencies while keeping children’s best interests firstmost. Emotions often run high around parenting disputes. DIY custody contracts frequently fail to address complexities or align with legal standards in Texas, resulting in endless returns to court.
Post-Divorce Complications
A divorce decree brings closure but does not always guarantee smooth sailing thereafter. Spousal support agreements may warrant modifications based on financial changes. Child custody orders can necessitate adjustments as families evolve. And if an ex-spouse violates established terms you still need legal avenues to compel compliance. Pursuing these post-divorce remedies without a Texas divorce lawyer rarely leads to satisfactory outcomes.
Why Working with a Divorce Attorney Is Critical
In contrast to solo filing, retaining a qualified divorce lawyer in Texas brings many advantages, including:
Deep experience navigating state laws/procedures
Assistance locating and valuing all marital property
Skill crafting enforceable custody/support agreements
Ongoing post-divorce support related to modifications, enforcement, appeals and more
Though all divorces involve emotional stressors, having an experienced attorney on your side helps minimize legal uncertainties. Their counsel empowers you to make the most informed choices through every phase.
How Bastine Law Group Can Help with Your Texas Divorce
Bastine Law Group understands this life transition intimately. For over 20 years, our compassionate legal team has helped individuals across Texas pursue fair outcomes and secure futures after divorce. We offer:
Customized divorce litigation strategies aligning with your specific goals/needs
Comprehensive identification and valuation of community property assets
Meticulous inspection of financial records to uncover hidden assets if suspected
Advising on proposed custody schedules/parenting plans to uphold children’s best interests
Post-divorce support around modifications, enforcement and appeals
Our consultative approach puts your priorities first when charting the divorce roadmap. We remain by your side providing seasoned guidance until all loose ends are tied up for good.
Frequently Asked Questions
If you are contemplating divorce in Texas, chances are you still have plenty of unanswered questions about the process and laws in this state. Here we address some of the FAQs we commonly receive:
1. Is there a required separation period before filing for divorce in Texas?
No, Texas has no mandatory separation requirement prior to filing for divorce unlike some other states. You can file immediately upon deciding to end the marriage. However, if divorce grounds involve living apart for 3+ years, there may be a separation period before the divorce decree is formally granted.
2. Can I get alimony or spousal support in Texas when filing for divorce?
Yes, though Texas terminology differs from other states. Courts can order “spousal maintenance†in certain divorce cases based on eligibility requirements around marriage length, earning capacity discrepancies and other factors. The duration is also usually limited.
3. How much does a divorce lawyer cost in Texas?
Divorce attorney fees vary substantially based on level of experience, complexity of your case, retainer policies and other factors. At Bastine Law Group our rates are reasonable, with options like payment plans to work within different budgets. We also customize representation so costs align closely with your needs.
4. What percentage of property does the wife get in a Texas divorce?
Texas is a community property state, so marital assets/debts are typically divided 50/50 in divorce. However, based on circumstances judges can decree unequal divisions as long as the outcome is “just and rightâ€. There is no automatic gender bias around Texas divorce property division.
5. Can I change the terms of my divorce decree later on?
Yes, in certain cases. If the decree contains child custody, visitation or support provisions, changes in life circumstances may allow modifying these orders through additional filings. Spousal maintenance agreements can potentially be altered as well upon showing qualifying conditions are met.
6. How long does the divorce process take in Texas?
The length depends on case complexity and whether the divorce is uncontested or contested. Typical uncontested divorce timelines range from 61 days to several months. Contested divorces often stretch 1-2 years, especially with property disputes or custody battles drawing out negotiations and court hearings.
7. What happens to debt in a Texas divorce?
Joint marital debts are also divided as part of community property division, with some exceptions. The court-approved divorce decree specifies allocated responsibility for paying debts accrued during marriage. However, for joint accounts creditors can still legally pursue either party for payment regardless of decree terms.
8. Can I represent myself in court for a contested Texas divorce?
Yes, but it is extremely risky without a divorce attorney’s experience. Contested hearings entail Texas court procedures, evidentiary rules, negotiating tactics and other complexities. DIY divorce court navigation rarely ends well compared to working with a seasoned family law attorney. Though it costs more upfront, legal counsel usually yields far better outcomes.
9. How do I find out if my spouse is hiding money or assets when filing for Texas divorce?
A reputable divorce lawyer has investigative approaches to uncover hidden assets pre-divorce if wrongdoing is suspected. This can encompass issuing subpoenas, mining financial records, enlisting forensic accountant services and more. Bastine Law Group excels at helping clients find illegally concealed wealth and receiving due compensation.
10. Is Texas a no fault state for divorce? What are the grounds?
Yes, Texas allows no-fault divorce on the grounds of “insupportability†meaning marital discord has made continuation inadvisable. You can file under this claim without needing to provide evidence of wrongdoing. Texas also has traditional fault grounds like adultery, abandonment, domestic violence and others that must be factually proven for divorce decree.
Let Bastine Law Group Serve as Your Compass through Divorce
We hope this guide has helped illuminate key legal contours around filing for divorce in Texas. While ending a marriage ushers hardship, working with a compassionate law firm like Bastine Law Group means you don’t have to navigate alone. Our legal team supports clients like a lighthouse shining through fog, helping turn fears into an informed fearlessness. We empower you to make the best choices for your new life chapter.
If contemplating divorce without attorney assistance, reflect again on the insights here. Is saving money upfront worth the long run risks? If you are experiencing a divorce or need support with family law issues, don’t hesitate to contact our family law attorneys at Bastine Law Group at 281-784-3222.