Because Texas Divorce Attorney Alex Tyra spends most mornings in local courthouses representing divorce clients, his perspective on the folly of a DIY divorce is based on watching people learn the hard way that this is potentially an expensive and devastating choice. While we receive calls all the time from parties involved in a divorce or contemplating divorce that want to know if they need an attorney to pursue a Texas divorce, the answer to this question is not necessarily straightforward. There is no requirement that you use an attorney, but there are distinct advantages to having legal representation that include the following:
Avoiding Unnecessary Expense: It may seem counterintuitive to view retaining legal representation as a way to save money. However, the reality is that the amount you pay in attorney fees may be trivial compared to what you sacrifice in alimony or your share of a family residence or retirement account without legal representation. Additionally, many divorces that could result in an amicable negotiated divorce with legal representation may become a bitter contentious divorce when attorneys are later brought into the case after the parties are no longer receptive to negotiating the terms of a settlement agreement.
Knowing Your Rights: Once a divorce judgment is entered by a Texas family law judge, it can be extremely difficult to modify the terms if you made a mistake because you misunderstood your rights under Texas law. Those who handle their own divorce may not understand their interest in assets that have both a community property and separate property component. The division of “mixed character assets” entails calculating the separate property and community property contributions toward the assets. Once the separate and community property interests have been ascertained, the amount of appreciation attributable to each must be determined. Alimony can be even harder to estimate because there are a long list of factors that are considered rather than a straightforward formula like the one used to determine guideline child support. When you work with an experienced Texas divorce attorney, the lawyer will inform you of your rights so that you can make informed decisions about how to proceed.
Achieving Durable & Amicable Settlements: Although many people have misconceptions about the nature of an attorney’s role based on depictions by the entertainment industry and media, the role of a divorce lawyer is not to stir up disputes and conflict but to facilitate a favorable settlement. Certainly, contentious litigation may be both necessary and appropriate, but family law attorneys bring experience handling a wide range of issues. This knowledge combined with familiarity regarding how judges typically rule on an issue can lead to mutually beneficial settlements.
Efficiency: When spouses proceed without a Texas divorce attorney, they may make critical mistakes in terms of the paperwork filed in court. These mistakes can delay important temporary orders for spousal support, child support, possession of a residence and/or custody orders. Failure to properly complete court documents or provide the court with required information also may result in delays that make a divorce take much longer than necessary.
If you are involved in a divorce in Texas, Longview divorce attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options. We invite you to contact us at 903-753-7499 or visit our website and submit a case contact form.