Category: Divorce Attorneys

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When Divorce Gets Tough – Trust in Litigated Lawyers!

Divorce is often a complex and emotionally charged process. When parties are unable to reach an agreement, litigation becomes a necessary path. In such situations, the expertise of litigated divorce lawyers becomes invaluable. This guide explores the crucial role of divorce attorneys and litigated divorce attorneys in navigating the turbulent waters of litigated divorce.

Introduction to Litigated Divorce

Litigated divorce refers to divorce cases that are settled in court. Unlike amicable settlements or mediation, litigated divorces involve a judge making decisions on contested issues. This approach is often necessary when parties cannot agree on key aspects like child custody, alimony, or asset division.

Understanding the Role of Litigated Lawyers in Divorce

Litigated divorce lawyers specialize in representing clients in court. Their role extends beyond legal advocacy; they provide strategic advice, prepare necessary documentation, and argue on behalf of their clients’ best interests. Divorce attorneys skilled in litigation are essential in high-conflict divorce cases.

When to Consider Litigation in a Divorce Case

Litigation should be considered when negotiation or mediation fails or if there is a significant imbalance of power or understanding between the parties. Experienced litigated divorce attorneys can assess the situation and advise whether litigation is the most appropriate course of action.

The Process of Litigated Divorce

The process of a litigated divorce is more formal and structured than other types of divorce proceedings. It involves filing legal pleadings, attending court hearings, and possibly going to trial. Divorce attorneys navigate this process, ensuring all legal protocols are followed.

Preparing for Litigated Divorce Proceedings

Preparation is key in litigated divorces. This involves gathering financial documents, witness statements, and other pertinent evidence. Litigated divorce lawyers work closely with their clients to prepare their case meticulously, aiming for a favorable outcome.

Key Legal Strategies in Litigated Divorce

Developing a strong legal strategy is vital. Litigated divorce attorneys use their knowledge and experience to formulate tactics that align with their client's goals, whether it's regarding child custody, financial settlements, or other contentious issues.

Navigating Child Custody and Support in Litigation

Child custody and support are often the most contentious issues in divorce proceedings. Litigated divorce lawyers are adept at handling these sensitive matters, advocating for arrangements that serve the best interests of the children involved.

Financial Considerations in Litigated Divorce

Divorce can have significant financial implications. Litigated divorce attorneys help clients understand and navigate these complexities, from the division of assets and debts to spousal support and alimony.

The Emotional Aspect of Litigated Divorce

Litigated divorces can be emotionally draining. Divorce attorneys not only provide legal representation but also offer support and guidance to help clients cope with the emotional challenges of the process.

Choosing the Right Litigated Lawyer

Selecting the right attorney is crucial in a litigated divorce. Look for litigated divorce lawyers with a strong track record, excellent communication skills, and a style that matches your needs. It’s important to have an attorney who you trust and feel comfortable with.

The Impact of Litigation on Divorce Outcomes

The outcome of a litigated divorce can be significantly influenced by the skill and expertise of the divorce attorneys involved. These professionals play a critical role in achieving outcomes that are fair and in line with the law.

Conclusion - Navigating the Challenges of Litigated Divorce

In conclusion, litigated divorces are challenging, but with the right guidance and representation from skilled litigated divorce attorneys, it's possible to navigate these challenges effectively. These professionals provide invaluable support, ensuring that their clients' rights are protected and their voices heard in the courtroom.

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What Are the 7 Grounds for Divorce Recognized in Texas?

When spouses seek to file for divorce, their divorce attorneys will discuss with them the different grounds they can file on and which is most suitable.

Grounds are basically the reasons a spouse and their divorce lawyer will state as cause for their request when filing divorce papers with the court.

Though Texas is a no-fault state, meaning there is no punishment for wanting a divorce, there are 7 grounds for filing, including when filing no-fault that spouses should know about.

  1. No-Fault - Insupportability - Also referred to as irreconcilable differences and no-fault, this is the most commonly stated reason seen at divorce law firms for no-fault divorces when the issue is simply one of no longer being in love or wishing to be married. 
  2. No-Fault - Living Apart - Spouses who have lived apart for more than 3 years can claim this as their reason to divorce in Texas according to divorce law firms. 
  3. No-Fault - Institutionalized - Should one spouse be confined to a mental health institution for 3 or more years and the prognosis is not favorable, the other spouse may file a no-fault divorce on these grounds.
  4. Fault - Adultery - A spouse can file on grounds of adultery if they and their divorce attorney are able to prove in court that the other spouse cheated within the marriage. 
  5. Fault - Cruelty - The Texas family court may grant a divorce on the grounds of cruelty when one spouse is guilty of cruelty against the other spouse in such a way that it makes it impossible to maintain the marriage. The definition of cruelty is open to interpretation based on the circumstance, so an experienced divorce lawyer should be involved in the divorce case to help determine that.
  6. Fault - Felony Conviction - A spouse may file on these grounds if their spouse is convicted of a felony, has served a year or more in prison, and has not been pardoned. 
  7. Fault - Abandonment - A spouse who has left their spouse and lived apart for more than a year with no intent to return, the abandoned spouse can file for divorce on these grounds.

When deciding on grounds to file a Texas divorce, filing spouses should discuss their situation at length with their divorce lawyer to decide on the most suitable option.

There are times when, even though a spouse can file on certain grounds, choosing a no-fault path might be more beneficial for them.

The professionals at an experienced divorce law firm can help spouses to consider this important decision and file in the way that is best for them.

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What Is A Petition for Divorce in Texas and How Is It Filed?

Getting divorced is a fairly easy process, though it does require following a specific procedure, including filing a petition for divorce.

Because the process can seem confusing at first, many choose to turn to divorce lawyers to help them understand the process and get it started, then represent them later during the negotiations.

The petition for divorce is essentially a notice to the court that divorce is sought by a spouse and the starting point from where they and their divorce attorney wish to begin the divorce and/or negotiation process to get the divorce procedure in motion.

To accomplish this, divorce law firms can help clients through the step-by-step process of filing the petition for divorce to get the process going:

  1. Identify Which County Has Jurisdiction - A divorce petition must be filed by a divorce attorney in a county that has jurisdiction based on one of the two spouses meeting certain residency requirements. To file in Texas, one spouse must have lived in the state of Texas for at least the last 6 months. To file in a county, the filer must have lived in that county for at least the last 90 days.
  2. Determine Whether Contested or Uncontested - When spouses agree to divorce and work out terms amicably, divorce lawyers encourage the filing of a simpler, uncontested divorce. If there is no agreement to divorce or there are other issues that spouses cannot agree on, a contested divorce can be filed. It is highly recommended that those filing contested divorces retain their divorce attorney to help them through the process of negotiating a contested divorce and, if necessary, represent them in divorce court.
  3. Structure the Petition - The contents of the petition should be structured by a law firm to reflect a contested or uncontested divorce plus document and address other issues such as residency requirements, how the papers will be served to the other spouse, any grounds, any required marital and separation information, plans to divide property, custody decisions, and other essential information. An experienced divorce lawyer can help with the structuring of a valid petition for divorce.
  4. File the Petition - Once filled out, the petition is normally filed by the representing law firm with the county clerk, who will assign a case number and a court number to the case.
  5. Serve the Petition - Once the petition has been drafted and filed and a case number officially assigned, the spouse will be served with papers. What happens from that point forward depends on the other spouse’s response.

In summary, to begin any divorce proceeding, those wishing to file should discuss their situation with an experienced divorce lawyer who can help them determine where to file, how to file, and document all the pertinent information required to file the required petition for divorce.

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High Asset Divorces in Texas – Why Mediation is a Good Choice!

When Texas divorce lawyers counsel spouses in high-asset divorces, many will suggest mediation if spouses are amicable and it is an option.

Though high-asset divorces frequently do go to court when spouses cannot compromise or when there is disagreement or high emotions preventing fair negotiations, divorce mediation attorneys find that mediation can be more beneficial in certain ways.

Before assuming that every divorce case where there is great wealth being dispersed between spouses is contentious, divorce attorneys suggest that spouses consider the benefits of at least trying to negotiate through mediation before automatically heading to court.

  1. Mediation Is More Private - One of the most important factors divorce mediation lawyers recommend that couples with considerable assets consider is how mediation keeps their negotiations, as well as the entirety of the divorce itself, private. Divorces that end up in court become a part of the public record, where anyone can research details that most might want to keep undisclosed such as wealth, family details, and personal details.
  2. Spouses Retain Control Over Their Assets In Mediation - Couples who can commit to compromising during their high-asset divorce remove the risk of having their wealth assigned by the judge. While this non-partial outside party’s decisions might be essential when spouses simply cannot come to an agreement, it frequently also leaves spouses unhappy with the distribution of the marital wealth. Divorce lawyers find that mediation promotes a more favorable result where spouses make their own decisions about who gets what, which is still preferable even when forced to compromise
  3. Mediation Protects The Co-Parenting Relationship - Spouses who choose to work with divorce mediation attorneys and an experienced mediator can collectively agree on a co-parenting plan that works for them rather than being subject to one that the judge demands.
  4. Mediation Is Faster - Since it removes the need for a formal divorce hearing or trial, divorce attorneys find that couples who commit to making mediation work can get through it much faster than if they go to court.
  5. Mediation Costs Less - Because it can be accomplished much faster, there is no need to spend hours preparing a court case and there is no court hearing, mediation also costs much less than a traditional divorce court hearing.

While there is much at stake in any high asset Texas divorce, going to court to let the judge decide does not always work out as favorably as spouses would like it to.

Divorce mediation lawyers suggest that spouses who want to remain in greater control of the outcome of their divorce agree to at least try mediation for both their benefits.

Couples who can start out with a goal to compromise so mediation is successful will usually come out ahead in the end.