Whether you’re getting married or having a child, it’s likely that Family Law will play a role in your life at some point. This law area is an umbrella term that envelopes all legal proceedings and processes involving families, including divorce and custody disputes.
There are few things in life that will have a larger impact on you than a divorce or custody battle. In those situations, you need a lawyer you can rely on to be compassionate and empathetic. Robert R. Flores would be proud to help you navigate your divorce or custody dispute and will work tirelessly to ensure an outcome that meets you and your loved ones’ needs.
While the courts won’t require you to get a lawyer for your divorce proceedings, you will be held to the same expectations as a lawyer if you choose to represent yourself. Every divorce requires at least one formal hearing, and you don’t have any second chances if you make a mistake. There are many ways a divorce can go wrong, and representing yourself makes those errors all the more likely simply due to a lack of experience.
It’s not an automatic rule, but there are some situations in which a judge may order one spouse to pay the legal fees of the other. These situations might include a divorce involving fault or wrongdoing. The court could also order your attorney’s fees to be paid from community property.
If you’ve been doing any casual research into divorce online, you’ve probably come across sites offering fully online divorces. Unfortunately, there is no such thing. Most of these sites offer packets of information and forms related to divorce, but some of those documents may not even be valid in Texas.
While all divorces are officially granted by the court, Amicable or Uncontested divorces do not have to be legal battles in order to proceed. In fact, most divorces don’t require any sort of legal fight in order to be resolved. There are many ways to settle out of court.
‘Contested divorce’ is often misinterpreted to mean a divorce in which one party doesn’t agree to the divorce; however, the term is actually much broader. A contested divorce is any divorce in which one or both parties disagree with the terms of said divorce. This disagreement could involve child support or custody, visitation, alimony, or the division of property.
There are virtually no legal benefits to being the first or second spouse to file divorce papers. The only real benefit to filing first is being able to choose the timing of the divorce: before a divorce occurs, one spouse files a Petition for Divorce which is then served on the second spouse. The second spouse then responds to that petition in the form of their own Counter-Petition and Response. The court doesn’t favor one or the other.