Hiring a Divorce Attorney in Houston

Maybe you have been considering divorce for some time. Or perhaps you just recently decided that divorce is your best course of action. Either way, hiring an attorney can bedaunting. And if you’re the partner just finding out about the divorce, the burden of it all can seem unwieldly. Most of us need professional assistance in times like this; hiring a qualified attorney can make things easier. Think of legal counsel as your guide and partner throughout the divorce proceedings. The outcome of your divorce can have a significant impact on your future. Before making any big decisions, take time to do some research and think each step through. Once you are armed with knowledge and empowered to make the right decision, you can take the first steps toward putting your divorce into motion.

How To Find the Right Divorce Attorney

Chances are you don’t have a “go-to” divorce attorney the same way you’d have a “go-to'' dry cleaner or car dealer. However, finding the right divorce attorney to represent you does not have to be overwhelming.

Know Your Goals

Before you can hire someone to advocate on your behalf, you must first decide what you want out of your divorce. Are you most interested in getting out with your separate property intact? Worried about your children? Worried about who pays the debts?Identify and write out a list of your non-negotiables. Knowing what you want ahead of time will help you select an attorney whose experiences are most relevant to your needs. The same is true of the level of support you desire. Lawyers are not all the same. Every lawyer comes with a unique background and unique approach to problem solving. Are you the sort of person who likes to take a “hands-off” approach? Or do you like to be more involved in the details of the case? Knowing your goals is the first major step in controlling your divorce.

Ask for Referrals

If you have friends, family members, or colleagues who have experienced working with a divorce lawyer, it may be worthwhile to visit with them and ask for referrals. Word of mouth is often the most direct way to find a reputable attorney, and your contact can prepare you in advance as to what kind of experience to expect. Conversely, friends and family may warn you about attorneys they do not recommend! Any insight your network can provide is helpful when making this type of decision.

Interview Multiple Candidates

The first attorney you meet may or may not be the perfect fit; if you have the time you should talk to a few attorneys. Interviewing candidates can take some time, but a diligent, systematic approach willimprove your divorce outcome in the long run. Your instincts will help guide you as to which candidates are best suited to working with you, and you may be surprised to hear their perspectives and outlook regarding your case.

Look Deep and Ask Questions

There's a lot to be said about how your attorney makes you feel- not just the outcomes they might deliver. Sometimesthat ‘highly recommended attorney with a great track record’ turns out to be not-quite-right for your own divorce case. Pay attention to the way you feel about the attorney’s level of empathy and personal communication style.Ask about the law firm’s client policies. You should have a clear understanding and expectation of when and how to communicate with your attorney’s office.

Take Your Time

Most importantly, take your time. Divorces are often so emotionally charged that every step may feelincredibly urgent. But fast decisions often lead to regret; slow and steady usually wins the race. Make decisions logically and practically, not emotionally. If you are unsure, pause and consider your options. In the long run, you will be glad that you did.

What Services Do Divorce Attorneys Offer?

While most of us imagine divorce proceedings happening in a courtroom where a judge makes all the decisions, there are other ways of resolving a divorce. Attorneys are there to help you through settlement agreements, mediation, and arbitration. Of course, if absolutely necessary, your attorney can guide you through a full final trial in the courtroom.

Settlement Agreements

Many couples resolve their divorce through the use of settlement conferences and settlement agreements. Reaching such an agreement generally involves the parties having a good bit of trust and faith that everything is being decided with full knowledge and disclosure. Both spouses should consult with attorneys to make sure that the agreements made are valid and enforceable through the court.

Mediation

Mediation allows you the freedom to resolve issues based on your own opinions and ideas for how you'd like to settle things. You and your spouse can negotiate with each other through a mediator to reach a custom solution to your divorce (instead of having a judge decide!) Many Texas courts require at least one mediation prior to holding a trial on the merits of the case. Most Texas judges will order mediation if properly motioned. Whether you are in mediation due to a judge's orders or your own choosing, your lawyer will help get you prepared and can guide you through the big event when you attend mediation. At mediation you will sign a binding agreement that makes the mediated settlement agreement non-revokable. Your mediated agreement will go to the judge to be made into an order of the Court.

Arbitration

Arbitration is similar to having a courtroom trial, except an arbitrator is hired by the parties to function very similarly to the judge in the courtroom. Arbitrators are typically lawyers or retired lawyers. Your lawyer will help find a suitable arbitrator. Arbitration resembles a mini-trial, usually in a private setting, where each side presents their case and the arbitrator makes decisions based on the arguments and evidence. Arbitration is less formal than a trial, usually much shorter, and often much cheaper. At arbitration you will sign a binding agreement to abide by the decision. The final arbitration award will go to the judge to be made into an order of the Court.

Court

Sometimes alternative dispute resolution methods, such as mediation and negotiation, are ineffective and your divorce ends up in court for a final trial on the merits. If you find that your case must go to trial, expect to expend more energy, time, and money than you would have by taking alternative routes to divorce. You will work closely with your lawyer to prepare for court. Your lawyer will make opening statements, and then each side will call witnesses to testify. Evidence will be presented and the lawyers will object and argue various points along the way. After the court has heard all testimony and seen all evidence, both sides will present their closing arguments. Then, the judge will issue rulings. You and your attorney will work hand in hand throughout the entire process.

How Will My Attorney Advocate for Me?

Every divorce presents a new set of circumstances, and each spouse will have different priorities and non-negotiables. Your attorney will listen to your needs and work hard to achieve an outcome that best addresses those needs. Experienced attorneys will be familiar with the laws regarding each aspect of your divorce and will be confident navigating them while advocating for your best interest.

Division of Assets

In the state of Texas, everything you possess in marriage is considered community property unless proven otherwise. Texas courts typically require community property to be divided in a “just and right” manner. With careful preparation your attorney will advocate to ensure you walk away with what you deserve.

Child Custody & Child Support

Child custody and child support issues require a deep understanding of the complex set of laws found in the Texas Family Code. A caring, experienced attorney will work for solutions in everyone's best interest.

Spousal Support

In situations where an “at home” spouse may now find themselves re-entering the workforce after a large gap in their resume, the Texas Family Code may provide for post-divorce support. Your attorney will negotiate on your behalf to ensure you receive the best possible outcome.

Prenuptial Agreements

If a prenuptial agreement exists, your attorney will make sure that the process of dividing up your assets goes off without a hitch. If any issues arise, your attorney will work towards resolving those issues in your best interest.

Name Changes

The process of changing your name in the aftermath of a divorce can be a time-consuminghassle if not properly pleaded and ordered. Your attorney will advocate for you throughout this legal process to ensure that your name change happens in a timely manner.

How To Get Started with Your Divorce Attorney

Once you’ve selected your divorce attorney, it’s time to get to work. But where do you start? It depends on your individual situation and the status of your divorce.

What Is the First Step in Filing for Divorce in Texas?

In the state of Texas, the first step in filing for divorce requires one of the parties to file the “Original Petition for Divorce” with the court and pay any necessary fees. This petition initiates the divorce process. Once the petition is filed, the court clerk will issue a case number. The process of working with your attorney will be slightly different depending on whether you are the Petitioner, meaning the party who files the petition, or the Respondent, meaning the party who is served with the divorce petition.

Serving Divorce Papers

Once the Petitioner files for divorce with the aid of their attorney, the Respondent must be notified. The Respondent will typically be served with divorce papers and given a specified deadline to "answer the court" or respond. If the Respondent does not ‘answer’ the lawsuit, the Petitioner can eventually seek a default order from the Court. The Respondent may hire an attorney early and can request the attorney formally accept the divorce papers.

Receiving Divorce Papers

When the Respondent receives “service,” the divorce papersshould be read thoroughly. Legal counsel should be consulted before "answering" the court with a response to the Petition for Divorce. Your attorney will file your response for you, and the response will vary depending on your unique situation.

Logistical Preparation

After both parties have filed the necessary petitions and paperwork, it’s time to begin preparing for your divorce proceedings. The logistical aspect of preparation is crucial to the outcome of your divorce. You’ll likely need to gather certainpersonal identifying documents to start. The next step will be to provide your attorney with your financial information. You will need to include bank statements, tax returns, investment portfolios, retirement accounts, and relevant documentation for any other assets, which may include vehicles, art, and real estate. The more comprehensive your documentation is, the better prepared your attorney will be to fight for you. It’s important to be aware of the fact that Texas divorce law requires that you and your spouse both provide certain financial information to the opposing side within thirty days of the day the Respondent’s answer was filed.

It is also advisable to consider changing your mailing address, email address, and passwords to all online accounts during this time. Taking these steps ensures the privacy and protection of your personal information and prevents your personal documents from falling into the wrong hands. You may also want to begin to open separate bank accounts. While you should not hide or waste any funds at this time, you may conserve resources, so long as you disclose them. Keep careful records in case that information becomes necessary later on.

Mental & Emotional Preparation

No matter how prepared you may be from a logistical standpoint, there is undeniably a mental and emotional component to preparing for your divorce. Your attorney should be empathetic to your experience as you deal with all of the challenging conversations that divorce requires you to have. You will discuss with your attorney what a positive outcome would look like, but it’s also important to understand that divorces are complex and no matter how amicably issues are resolved, both sides should be prepared to experience wins and losses.

How Much Does a Divorce Lawyer Cost in Houston, TX?

When you purchase legal services, you are getting a custom solution to your unique situation. Prices for similar cases can vary greatly, depending on how you and your lawyer work through the issues. Understanding how legal fees work can help a lot in understanding what those costs might be once the case is finalized.

Most divorce lawyers follow one of two billing models: flat-fee billing or hourly billing. Both have their pros and cons for both the client and the attorney. Under a flat-fee arrangement, the lawyer and client both agree up front on what services will be provided. The usual arrangement under a more “traditional” hourly billing approach provides that the lawyer will hold your deposited retainer in trust; as the case progresses the lawyer will bill against that amount in trust. Both billing models have pros and cons.

If you can find a lawyer who works on a flat-fee basis you should expect that the lawyer will tell you very specifically what work will be performed, for how long, and at what cost. This billing arrangement can often have the effect of your lawyer moving your case along very rapidly. It can also provide you with peace-of-mind in knowing that your legal costs are contained to a fixed number.

If you elect to retain a lawyer on an hourly basis you will be asked to deposit a large retainer into the lawyer’s trust account. The lawyer will work on your case and will bill against your deposit. You should receive an itemized statement showing all charges. Once your retainer runs below a pre-determined threshold, you will be asked to add more money to the retainer. While nearly all attorneys utilizing the hourly model follow strict ethical guidelines, this model does create a situation where the lawyer may not be motivated to move your case along rapidly. Because there are so many variables in divorce, you will never know exactly what your hourly fee divorce will cost until everything is completed and you get the final invoice.

Your divorce attorney will be able to help you visualize the finish line of getting your divorce finalized, all the while protecting your rights and your best interest. By communicating with your attorney about the anticipated costs, you can prevent unwanted surprises. Depending on your circumstances, it might be worth finding a lawyer who charges a flat fee, fixed rate for services instead of the more traditional hourly rate billing model.

The road to finalizing your divorce may seem long and winding, but your attorney will be there to advise, support, and guide you every step of the way. You’ll work together to advocate for your interests, securing the best possible outcome.