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What Should I Ask My Divorce Attorney?

Confronting a divorce is no easy feat. There are a lot of important questions that you will need to be answered in order to make decisions that benefit both you and the rest of your family. That's why it's important to seek out the help of an experienced divorce attorney. They can help explain some of the most common questions that come up during a divorce and give you advice on how to proceed. In this blog post, we will discuss some important questions that you should ask your divorce attorney.

Do I need to hire an attorney?

This is one of the first questions that people ask when they are considering a divorce. The answer will depend on a few different factors, including the complexity of your divorce, your financial circumstances, and whether you live in a community property state. If you have minor children or if there are contested issues in your divorce, an attorney can be especially useful.

What are the grounds for divorce in my state?

In some states, you can file for no-fault divorce if you and your spouse have been separated for a certain period of time. Other states require that you prove fault grounds in order to get a divorce. In Texas, you can file for both no-fault and fault-based divorce, depending on which best suits your circumstances.

Is there a difference between contested and uncontested divorce?

A contested divorce is one where you and your spouse cannot agree on one or more issues in your divorce, such as child custody, property division, or alimony. An uncontested divorce is one where you and your spouse are able to reach an agreement on all issues in your divorce. Contested divorces are usually more complex and can take longer to resolve than uncontested divorces.

What is mediation and do I have to participate in it?

Mediation is a process where you and your spouse meet with a neutral third party to try to reach an agreement on all issues in your divorce. Mediation is not required in all states, but it may be ordered by the court in some cases. Even if mediation is not required, it can be a helpful way to resolve disputes without going to trial.

Is Texas a community property state?

Yes, Texas is a community property state. This means that any property or assets that were acquired during the marriage are considered to be jointly owned by both spouses. Any debts that were incurred during the marriage are also considered to be joint debts.

How much will it cost to get a divorce?

The cost of a divorce will vary depending on the complexity of the case and whether it is contested or uncontested. If you have a simple, uncontested divorce or few assets to consider, it may be possible to complete the process without hiring an attorney. However, if your divorce is contested or more complex, it is important to factor in the cost of an attorney's fees.

How much time will it take to get a divorce?

Again, the answer to this question will vary depending on the complexity of your divorce. An uncontested divorce can often be completed relatively quickly, while a contested divorce can take months or even years to resolve.

What are some important things I need to know about child custody?

If you have minor children, child custody will be one of the most important issues in your divorce. There is more than one type of child custody arrangement, including joint custody and sole custody. It is important to discuss your options with an experienced attorney to see what arrangement would be best for your family.

What are the next steps?

After getting the answers you need, it will be easier to make informed decisions about your divorce process. If you follow through on hiring an attorney, they will be able to help you navigate the legal process and ensure that your rights are protected. No matter what route you decide to take, Bobby Dale Barina, Attorney At Law is here to provide you with the answers you need.


If you have questions about the divorce process, call our office at (254) 523-4446 to schedule a consultation!