When Is It Advisable to Hire a Divorce Lawyer in Texas?

A divorce is one of the most difficult times of life. No one gets married hoping or intending to get divorced: but it happens. When it does, it’s almost always advisable to speak with a divorce lawyer in Texas. A lawyer has the skill and knowledge needed to help you through one of the most challenging times you’ll ever face in life, so it goes as smoothly as possible under the circumstances. Ultimately, if you’re getting divorced, you need a lawyer. There are, however, a few situations where it’s especially advisable.

When Is It Advisable to Hire a Divorce Lawyer in Texas?

When You Share Children

Child support and child custody (known as conservatorship here in Texas) are usually the most rancorous and difficult parts of a divorce. It’s common for parents to disagree about issues with their children even under the very best of circumstances in loving marriages; when you have to parent together with someone you’re divorcing, it gets that much more difficult. 

A lawyer can help you understand what the courts will be looking for as they determine custody and what you’ll need to prove to get child support. Your lawyer can also help you make a strong case if you believe it would be dangerous for the children if their other parent has custody. The courts assume that it’s always in the best interests of children to have an ongoing relationship and quality time with both parents, and for parents to share decision-making responsibility as well as access to the children. You have to prove otherwise to overcome this assumption, and a lawyer can help you do this.

There’s Abuse Involved

If you’ve had an abusive marriage, having a knowledgeable and experienced divorce lawyer is especially important. We can help you understand all your options for protecting yourself and your children as well as accessing counseling and other services that are available here in Texas. We can help you get protective orders in place quickly, for example, and also take over communication with your spouse and their lawyer so that you can be insulated from interaction with an abusive spouse to a great degree.

It’s a Bitter Divorce

Even when both spouses agree that they want to get divorced and desire to do so amicably, you’d be surprised at how often disagreements can pop up anyway. Even if you think you agree on how you want to divide the marital assets, for instance, once it comes down to the nitty-gritty of the details, one of you may suddenly realize you feel more strongly about something than you thought you did. 

But that’s the best-case scenario, and even here, legal help is advisable. In a worst-case scenario, it’s even more important. People can become very spiteful in a divorce, and your spouse may turn bitter and do everything possible to harm you financially or emotionally. Having a lawyer on your side is the best protection in this situation.

You Have Assets

If you haven’t been married very long, have been renting, and you own your cars separately, then dividing up the assets may not be very complicated in your divorce. But this is a rare situation. Most people do have shared assets, and the law considers that anything either spouse acquired during the course of the marriage belongs equally to both of them. 

The state divides assets, not 50-50, but according to what’s equitable given each spouse’s financial and health condition as well as earning potential. Splitting up these assets can be very complicated and difficult, and it’s important to have a lawyer on your side. It’s doubly important if you have complicated assets, such as a business. Even if you don’t have many complicated assets, however, a good lawyer can help you hammer out an agreement with your spouse and stay focused on what’s most important along the way. Your lawyer will help you think about the long-term consequences of your choices as well as plan properly for your future.

You Suspect Your Spouse Is Hiding Something

It’s very common for spouses to try to hide assets in a divorce. Doing so is a serious thing under the law, and they will suffer penalties for it, but people still try it all the time. If you have the slightest suspicion that your spouse may be trying to hide assets, it’s crucial that you contact a lawyer immediately.

An experienced divorce attorney has seen this behavior before and will know how to call your spouse down on it, find hidden assets, and get the court involved as appropriate. If you suspect your spouse is hiding something else, such as an affair, we can help here, too. When one spouse enters a romantic relationship before a divorce is finalized, it’s important to check that they are not gifting marital assets to their new fling or using marital assets to support a romantic partner or their life together in any way. If your spouse has been doing this, this may entitle you to a greater proportion of the remaining assets, or they may be required to pay you back. 

You’ve Been Served Divorce Papers

If you are the one who’s been served divorce papers, it’s important that you get your own lawyer right away. Once you get those papers, you know that your spouse has started proceedings against you, and you have a limited amount of time to respond. How you respond may affect your future and how the divorce goes, and a lawyer will stand by your side to make sure that you are treated fairly and fully heard by the court.

It’s never advisable for a couple to share a lawyer in a divorce, and a good lawyer will never agree to do so. You need your own lawyer, even if you both want to get divorced and expect it to be amicable. Your lawyer protects you, and your spouse’s lawyer protects them, and doing it this way ensures the fairest outcome for everyone.

Spousal Support (Alimony) Is Needed

Whether you are the spouse who needs support or the spouse who is being requested to give it, if alimony is on the table, you need a lawyer. A lawyer can help you prove your need for alimony, and this is important because it’s not a given. You must be able to show the court why it’s important and needed in your situation.

And if you’re being asked for alimony when it’s not appropriate, and you know that your spouse is capable of caring for his or her self, you need a lawyer to defend you. The court will only award alimony in certain instances, such as to allow one spouse to train up to a new job if they have not pursued a career because they were taking care of the home, or if there is an enormous difference in the financial situation between the two spouses. The longer the marriage, the more likely spousal support is, but it’s always best to talk with the lawyer.

For help with your divorce, call C.E. Schmidt & Associates, PLLC in Houston at (281) 550-6650 to talk with a team member and get the help you need.