7 Situations Where You Definitely Need a Divorce Attorney
Once you and your partner have decided to end your marriage, you’ll have many decisions to make.
One of the most critical decisions will be whether you choose to hire a divorce attorney to help you
handle the divorce filing. While most people will benefit from the guidance of an experienced
attorney, individuals dealing with the following circumstances will undoubtedly find a divorce lawyer
to be an enormous help during their filing.
- You and Your Partner Cannot Agree on Custody
If you and your partner struggle to reach a custody agreement, a lawyer can provide objective help
and guidance. As tensions and emotions are understandably high during a divorce filing, the
presence of a third party can serve as a buffer between you and your spouse.
An attorney will help you and your spouse focus on creating a custody arrangement that provides
your child with the stability and routine they need to thrive. Attorneys who deal with divorce filings
regularly will also be able to advise you and your partner about the long-term feasibility of your
custody arrangements and help you come up with creative solutions that make all parties happy.
- You and Your Partner Own Property Together
The more assets involved in any divorce, the more complicated the filing can become. For example,
in relationships where both partners contributed to purchasing real estate, but only one partner’s
name is on the title, there’s a high likelihood that both partners may have differing opinions on what
to do with the property.
A divorce attorney in Sugar Land, TX can help you and your partner create equitable equity
distribution. In addition, since most individuals most valuable asset is real estate, hiring an attorney
ensures that you don’t lose out on assets that are rightfully yours.
- You and Your Partner Feel Uncomfortable Navigating the Paperwork
Filing for divorce involves completing legal paperwork in accordance with Texas law. The laws
surrounding divorce are strict in Texas, and if you inadvertently waive your right to spousal support
or equitable distribution, you may be unable to correct your error.
In addition, a mistake made while filing divorce papers can make the already unpleasant experience
of filing for divorce take much longer than needed. When you work with an attorney, they will
ensure your filing is completed the correct way the first time and prevent you from accidentally
waiving your rights.
- You or Your Partner Will Need Alimony
Alimony, which is referred to as spousal support in Texas, can be challenging to establish without a
lawyer. Texas is a state where you are unlikely to win spousal support in court and instead should
seek to negotiate a private contract as part of your divorce settlement.
Working with an attorney to create a fair spousal support agreement offers you a greater
opportunity to reach a reasonable support agreement than trying to negotiate it yourself or leaving
it in the hands of the court.
- You and Your Partner Have a Tumultuous Relationship
Going through a divorce is a painful and emotional experience for most couples. During the filing,
you may have to confront old issues or discover new things about your spouse that make it
challenging to maintain control of your emotions. If your spouse has been unfaithful or abusive,
these emotions will be compounded. Trying to divorce without legal representation when your
relationship is volatile will be stressful at best and potentially dangerous at worst.
Unfortunately, relatively happy marriages can devolve into nasty divorces. An attorney provides
value in emotionally tense situations by helping you focus on the factors that the court will consider
during your divorce and prevents you from becoming hung up on factors that are insignificant to the filing. They will also be able to provide you with objective advice and help prevent you from making an emotional decision that could negatively affect your future.
- You or Your Partner Own a Business
Whether the business is owned by you, your partner, or both of you, you’ll want to have an attorney
filing your divorce if either person is a business owner. This precaution is recommended because
businesses are a common way for people to hide their assets or income during a divorce. Without a
lawyer looking out for your best interest, your spouse will be able to prevent you from receiving the
portion of assets you are owed.
Alternatively, placing a valuation on a business is challenging if you are a business owner. Because of
an inappropriate valuation, you may be instructed by the court to compensate your spouse unfairly
or forced to relinquish a portion of the company to them.
- You or Your Partner Have a Retirement or Pension Plan
Since your retirement plan or pension plan will need to be equitably distributed, you’ll want to hire a
divorce lawyer to help you calculate the percentage each party is owed and sort out survivor
benefits. Filing a divorce involving retirement and pension plans also requires additional court
orders. Since the orders are specific to your situation, they need to be drafted by an attorney to
ensure they are completed correctly.
Filing for divorce will never be a painless experience. However, working with a divorce lawyer can
ease the sting. Protect your rights and ensure your interests are defended by hiring an attorney to
handle your divorce.
Thank you,
Glenda, Charlie and David Cates
