Posted by Mary E. Ramos | Divorce
Asking good questions during an attorney consultation is an effective way to prepare for divorce. The following list can help you determine what questions to ask a divorce lawyer during a consultation. And once you have your questions ready, talk to us about your concerns and needs. At the Ramos Law Group, PLLC, our divorce attorneys are highly experienced and well-respected by our clients and the legal community. We can answer your questions about dissolving your marriage and handle all of your family law needs.
1. How Will Divorce Affect My Assets?
Every divorce must address a couple’s finances. In Texas, the courts divide marital property between divorcing spouses according to what is a “just and right division”. But courts typically allow each spouse to keep all of their separate property, which includes:
- Property acquired by devise, descent, or gift;
- Property owned before marriage; and
- Assets recovered in a personal injury case, except for recovery for wages or earning capacity lost during the marriage.
A divorce case might also involve a court-ordered obligation for one spouse to pay the other spousal or child support. Depending on the facts of your case, a divorce might take away your right to live in the marital home or legally earmark a portion of your income as support. A divorce could also increase your rights to the family home, car, or finances.
Knowing what you might gain or lose in your divorce can help determine whether you are ready to file. With this information, you can take steps to ensure that you have adequate income and somewhere to live during and after proceedings.
2. What Are My Parenting Rights?
Regardless of their sex, parents in Texas have equal rights and obligations concerning the following:
- Physical possession of their child;
- Caring for, protecting, controlling, and disciplining their child;
- The moral and religious training of their child;
- Making legal decisions for their child;
- Handling their child’s finances;
- Designating a residence for their child; and
- Providing their child with support, shelter, food, health care, and education.
While equal rights might be the default for divorcing parents, Texas divorce courts will decide each parent’s right to custody according to what is in their child’s best interest.
If you have a child with your spouse, your questions to ask a divorce lawyer should include the factors affecting your right to custody. We can help you restrict or limit the custody rights of a parent who poses a legitimate threat to your child’s physical or emotional well-being. And if there are facts in your case that could count against you, our skilled attorneys can help you neutralize those facts and increase your parenting rights.
3. What Divorce Procedures Are Available?
When contemplating questions to ask a divorce lawyer, consider asking about the divorce procedures available in your case. Not every divorce involves a lengthy and bitter trial. And many divorces don’t involve trial at all. Depending on the facts of your case, you might be able to finalize your divorce through the following methods:
- Uncontested divorce—you and your spouse must agree on all divorce terms to use this method,
- Mediation—this form of dispute resolution can help you and your spouse agree on some or all issues without a court hearing or
- Contested divorce—you must attend a court hearing and/or final trial if you and your spouse disagree throughout the entirety of the divorce process.
Our attorneys can guide you regarding the realistic divorce options for your unique circumstances. Once you decide the type of divorce you want, we can file the paperwork to start your case.
4. How Long Will My Divorce Take?
Generally, a Texas couple cannot finalize their divorce in less than 60 days. However, many divorces take longer because the couple has extensive financial issues, complex parenting needs, or substantial conflict. Divorce timelines are often also guided by which court your case is filed in, as each court has their own docketing procedures. Good questions to ask a lawyer about your divorce include how the facts of your case could affect the amount of time your divorce will likely take. Once you know how long divorce proceedings could last, you can prepare for the impact the proceedings might have on your finances and family life.
5. How Much Will My Divorce Cost?
Divorce can be expensive. The filing fees alone can be several hundred dollars, and your time in court can increase your legal costs and attorney fees. Among the questions to ask your divorce lawyer should be inquiries about how much your case will likely cost. A lawyer can let you know methods for reducing your expenses, including:
- Requesting a fee waiver from the court,
- Making agreements with your spouse to reduce your time in court, and
- Negotiating an attorney fee agreement to help limit your legal costs.
Our divorce attorneys at the Ramos Law Group, PLLC, are efficient and can help you make the most out of your divorce case.
Contact Us Today
If you have questions about your divorce, the Ramos Law Group, PLLC, can answer them. We are award-winning attorneys who focus exclusively on family law matters for the residents of Texas.
Get your questions answered by calling or contacting us online to schedule a consultation.
Last Updated on February 27, 2024 by Mary E. Ramos
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