Eaton Family Law Firm | Divorce Process

Texas Divorce Process Attorney

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    Divorce Process Lawyer in Texas

    Just like every marriage, every divorce is unique. The process will vary depending on whether both parties agree to the terms of the divorce, whether there are joint assets involved, and whether the spouses had or adopted children during their marriage. Because no two situations are identical, your divorce process can vary as well.

    However, there are a few basic things to expect from your divorce process.

    The first step is discovery. During this process, information necessary for a case is gathered. Our Texas divorce process lawyers need to determine assets, liabilities, and other financial details to determine the division of assets. If you plan on calling witnesses, this is also the time to decide who those people will be and who your opponent might call as a witness.

    Uncontested Divorce Process

    In many cases, the two parties will settle before trial. A settlement is an agreement that the spouses come to regarding the division of assets and custody outside of court. Many couples go through this process with lawyers and then move forward quickly through the rest of the divorce process. If you are on at all amicable terms with your soon to be ex-spouse, this is often the easiest way to go through the divorce process, as well as being the most affordable.

    This type of divorce is called an uncontested dissolution of marriage. It is often the easiest on both the spouses and their family. Uncontested does not mean that both parties came to an agreement from the beginning. Instead, they have retained a lawyer and came to a compromise that they can both be satisfied with. An uncontested divorce can move quickly and allow both spouses to move on to their next steps in life with minimal difficulty.

    Although these types of divorces are the easier option, there is still some work involved for each party. Even if you are on good terms with your former spouse, the two of you cannot be represented by the same legal team. You’ll need to retain your own Texas divorce lawyer.

    Contested Divorces

    A contested divorce can be much more drawn out, but it’s not unusual. When the two parties cannot come to an agreement, they often need to sort out the terms of the divorce in court. Sometimes, a prenuptial agreement can prevent this, but relatively few people have a prenuptial agreement. Complicated assets or a disagreement on child custody commonly lead to contested divorces.

    Very occasionally, the divorce is appropriate for a jury trial. More often, a judge renders the verdict and signs the final divorce decree.

    If your divorce is contested, the best thing that you can do is hire a good lawyer. Your Texas divorce process will go better with a good legal mind on your side. Your lawyer can help you make unemotional decisions that you won’t regret years down the road when the pain of the divorce has faded, and you have to live with the results.

    Annulments

    Outside of divorce, there is also the possibility of the marriage being annulled, which means that the marriage is found to have been invalid from the beginning. This typically happens if one of the spouses was under 18 at the time of the wedding, was unable to consent to the marriage, or concealed a prior divorce. Annulments are rare but can make it as if the marriage never legally happened. A marriage can also be voided if one of the spouses was already married at the time of the wedding.

    The process of going through a divorce can seem complicated and overwhelming if you are not used to dealing with the legal system. It’s also an emotionally challenging process, probably one of the most difficult of your life. You want to retain a divorce process lawyer in Texas that you can count on, which is why you should call our team. We service the Houston and Tomball areas in Texas.