When you are preparing to go through a divorce in Texas, there are several important decisions you need to make. One of these decisions is whether to hire a divorce lawyer. Is it worth hiring a divorce lawyer to represent you? If so, do you and your spouse each need your own lawyer? What are the risks involved with trying to handle your divorce on your own?
These are all valid questions to ask—and, as with all aspects of the divorce process, it is important to make an informed decision about your legal representation. So, do you need a divorce lawyer in Texas? Here’s what you need to know:
7 Important Reasons to Hire an Experienced Divorce Lawyer in Texas
Legally speaking, you are not required to hire a divorce lawyer to represent you. As one state resource clearly states, “it is possible to file for divorce without an attorney.”
But, while you can file for divorce without a lawyer, this doesn’t necessarily mean that you should. In fact, there are several important reasons why you will want an experienced divorce lawyer on your side. Some of these reasons include:
1. Getting Divorced is Complicated
The first, and perhaps most important, reason to hire a divorce lawyer is that getting divorced is complicated. It is a multi-step process with lots of issues involved. While you are allowed to try to navigate the process on your own, doing so will be extremely challenging. Additionally, without a lawyer advising you, you won’t know whether you are doing everything that is necessary to protect your interests (and your children’s interests) in the years to come.
2. Mistakes Can Have Long-Term (and Costly) Consequences
In this same vein, mistakes during the divorce process can have long-term (and costly) consequences. Some examples of all-too-common mistakes we see when spouses try to handle their divorce on their own include:
- Overlooking marital assets
- Improperly classifying separate assets as marital assets
- Incorrectly applying Texas’s “community property” law
- Failing to give due weight to Texas’s “best interests” factors
- Improperly calculating alimony (if alimony is warranted)
- Improperly calculating child support
- Failing to divide marital debts during the divorce process
Again, these are just examples. When we said the divorce process is complicated, we weren’t kidding. While some divorces can be relatively straightforward, most divorces involve issues that spouses simply wouldn’t know they need to address if they didn’t talk to a lawyer.
3. There Are Several Creative (and Not So Creative) Options Available
Just as no two families are alike, no two divorces are alike, either. The terms of your divorce should reflect your unique family (and financial) circumstances. When it comes to deciding how to address these circumstances, there are several creative (and not so creative) options you will want to consider. An experienced divorce lawyer can help you consider all of these options so that you aren’t left thinking, “If only I’d known.”
4. A Proactive Approach to Conflict Resolution Can Prevent Costly Disputes
While many spouses worry that hiring a divorce lawyer will complicate the process, this couldn’t be further from the truth. When you hire a divorce lawyer to represent you, your lawyer’s job is to help resolve your divorce as efficiently, favorably, and cost-effectively as possible.
This includes taking a proactive approach to conflict resolution. When disagreements arise during the divorce process (which is to be expected), finding a way to come to terms is essential—the only real alternative is to go to court. While your divorce lawyer’s first priority will be to avoid unnecessary conflicts, your lawyer will also be prepared to help you resolve conflicts as necessary.
5. You Need to Make Confident Decisions Focused on the Future
As you navigate the divorce process, the decisions you make will have important implications for years (if not decades) to come. With this in mind, you need to make confident decisions focused on the future. An experienced divorce lawyer can provide the advice you need to feel confident in your decision-making, and your lawyer will provide this advice with your long-term best interests in mind.
6. You Need a Clear and Legally Enforceable Marital Settlement Agreement
When you go through the divorce process without going to court, the process will culminate with you and your spouse signing a Marital Settlement Agreement (though you will still need to go to court to finalize your divorce). It is imperative that your Marital Settlement Agreement is both clear and legally enforceable. An experienced divorce lawyer can assist with both of these—helping to ensure that your Marital Settlement Agreement will serve its purpose for as long as necessary.
7. Comprehensiveness is Critical for Avoiding Issues Down the Line
Regardless of how straightforward or complex your divorce might be, comprehensiveness is key. If you overlook issues during your divorce, you may find yourself dealing with them down the line. This can prove to be both more difficult and more expensive, and it can prevent you from truly being able to move on.
Can Divorcing Spouses Share the Same Divorce Lawyer?
At this point, you might be wondering whether you and your spouse each need your own divorce lawyer or you can share the same lawyer for your divorce. In Texas, sharing a divorce lawyer is not an option. But, even setting this aside, there are several important reasons to have your own divorce lawyer. In the end, working with an experienced divorce lawyer will allow you to make informed and confident decisions—and this will give you the comfort and certainty you need to start building your post-divorce life.
Schedule an Initial Divorce Consultation at Roberson Duran in San Antonio, TX
Are you preparing to go through a divorce in Texas? If so, we invite you to contact us for more information. To schedule an initial divorce consultation at Roberson Duran in San Antonio, TX, call us at 210-224-4077 or book an appointment with one of our divorce lawyers today.