When should I consult with a divorce attorney?

It is never too early in the process to consult with an attorney. Early involvement of legal counsel allows you to make informed decisions and avoid potential pitfalls, increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that she will get a divorce; she may need information about the family law legal process. A common problem I see is that clients wait too long to contact an attorney for legal advice and could have ended up with a better result if they had been informed of their options sooner.

What should I bring with me to the initial consultation?

Because family law matters can be very stressful, it’s a good idea to write down any questions you have and bring them with you to the first meeting so you don’t forget anything important. You may also want to bring any documents relevant to your case, if available, such as federal income tax returns or documents related to your assets and debts. If you signed a prenuptial agreement or any other type of property agreement before or during your marriage, bring a copy to your appointment.

I just got served the divorce papers. That I have to do?

You should hire a divorce attorney as soon as possible so that they can give you legal advice on what has been requested and what hearings have been scheduled. Once retained, her divorce attorney will file an answer on her behalf.

My spouse and I would like to retain only one attorney for our divorce. Is that possible?

In Texas, one attorney cannot represent both spouses. A divorce attorney hired by one of the spouses also cannot provide legal advice to the opposing party. Do some research to find out if your state allows attorney representation.

I understand that I have to go through mediation for my divorce. That’s right?

In Travis, Williamson, and Hays counties, mediation is required before a final hearing can be held in a family law case. In mediation, a trained and neutral third party acts as a facilitator of settlement discussions between the parties and their respective attorneys. If an agreement cannot be reached during the mediation process, the parties may decide to resolve their issues through litigation.

How long does it take to get divorced?

The time required to develop the final terms of your divorce depends largely on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a legal waiting period of 60 days after the Petition is filed before the divorce can be finalized.

Do both spouses have to consent to the divorce? What if one of us doesn’t want a divorce?

Texas has a “no fault” divorce statue. This means that a divorce can be obtained, even if only one of the spouses wants it. You do not need your spouse’s consent to file the Original Petition for Divorce or to file for divorce.

What does it mean for an attorney to be certified in family law by the Texas Board of Legal Specialization?

A family law attorney who wishes to become certified by the Texas Board of Legal Specialization Family Law Board applies to the Texas Board of Legal Specialization to take a one-day written exam to obtain Board Certification of Family Law. Of the 78,032 attorneys licensed to practice law in Texas, only 691 are Board Certified by the Texas Board of Legal Specialization Family Law, or less than one percent of attorneys in the state of Texas.

* In addition to taking a written certification exam, family law attorneys seeking board certification in family law must have demonstrated extensive experience in matters such as divorce, property division, child custody, child support, paternity and other marital matters. Specific requirements include:

• You must have been licensed to practice law for at least five years.
• Have dedicated at least 35% of their practice to family law during the last three years.
• Have experience in handling a wide variety of family law matters.
• Having received recommendations from fellow lawyers and judicial members
• You must pass a one-day written exam on family law issues, such as divorce and child custody.
• Demonstrate regular participation in continuing education seminars on family law