Divorce is hard and emotional on all parties involved, which is why a quality divorce attorney is so important. If you are going through a divorce in Smith or surrounding counties I strongly recommend retaining a knowledgable and experienced local divorce attorney in Tyler to assist you with this process. A good family law attorney will be able to answer your questions and concerns. They should also thoroughly explain the divorce process and what to expect.

The Importance of Using a Quality Divorce Attorney in Tyler Texas

There are many things in life you can do on your own, divorce should not be one of them. Even if you feel that your divorce will be “easy,” there is an abundance of information that needs to be included in your divorce decree to ensure that your intentions are stated correctly. In a contested divorce and a divorce involving children, a great divorce attorney can be a lifesaver. The outcome of your divorce will have lasting effects on not only you but your children as well. Seeking the advice of an attorney sooner rather than later is better.

The sooner you speak with a family law attorney regarding your divorce the better. As with any civil litigation, there are strict deadlines that must be followed. For example, if someone retains a divorce lawyer a few weeks before a final hearing is set, certain discovery deadlines have already passed. Any motions for temporary orders are typically heard at the start of your case. Even though these orders are meant to be only temporary while the divorce is pending they may ultimately affect the final outcome of your case. If you have a divorce pending in Smith County, a local divorce attorney in Tyler can explain to you what the local courts standing temporary orders consist of.

What You Should Expect From A Good Divorce Attorney

Your lawyer should be able to confidently answer your questions you may have regarding your situation.

They will address any concerns you have in regards to property division,

You should not have a difficult time being able to communicate with your divorce lawyer after they have been retained. I make it a point to return all client messages as soon as possible.

Your family law attorney should update you in a reasonable amount of time if anything changes in your case.

As a client, you should feel comfortable with not only the attorney but the staff as well. You should always feel welcome to call, email, or schedule an in-person meeting.

You should feel prepared for any court hearings, depositions, and mediation.

The Initial Consult and What to Bring

The initial consult is an opportunity for the attorney and prospective client to meet each other. If you have already been served with a lawsuit you should bring your documentation with you. Also, bring any other relevant documents with you. I recommend making a list of questions you may have as this is the best time to ask them. Your divorce attorney will review the divorce process with you and provide estimated timelines and deadlines with you. I will typically provide my clients with a divorce package upon retaining me which will be useful throughout the process. After meeting with the divorce lawyer you should feel confident with their ability to litigate your case. If you do not have confidence in that particular lawyer I suggest speaking with another one.

The Divorce Process

After the consultation, paying the retainer, and signing a contract the lawyer will prepare the initial documents and file them with the appropriate district clerk. The initial documents will include the petition, request for service citation, and any motions for temporary orders. Once the district clerk accepts the filings, the case will be assigned to a family law court. In Smith County, there are a total of 3 courts that hear divorce cases.

The district clerk will then issue a citation for service and send it to my office along with the documents that I filed. Next, a process server will serve your spouse the documents, at which time he or she will be given a deadline to respond.

If any motions for temporary orders are filed then a hearing on temporary orders will be set. There will then be a hearing on temporary orders at the beginning of your case. The judge will make a ruling regarding the property, child custody, temporary spousal support, and other requested temporary injunctions to be followed while the divorce is pending.

After your spouse has been served the discovery phase begins. This is an opportunity for both sides to request certain information and documents from the other party. This is also a time that if any depositions are taken will be completed.

Settling Your Divorce Matter

A skilled family attorney will attempt to resolve your divorce before trial if feasible. There are several ways of reaching a settlement in a divorce case without actually going to trial. The first way is when the attorneys for each party send settlement proposals for the final decree of divorce. A second option is with the use of a mediator. A mediator is a licensed attorney who has no involvement with the divorce and is neutral to both sides. You should not feel pressured into reaching a settlement if you feel that it’s not in you or your children’s best interest. Your divorce lawyer should show the willingness to take your case to trial if needed.

A good Tyler Divorce Attorney will then prepare a settlement proposal based on your request. If negotiating a settlement with the other side fails then mediation will be scheduled. Mediation is a chance for the parties to express their settlement requests to an unbiased and neutral family law attorney, who is the mediator. The mediator will go back and forth between your attorney and your spouse’s attorney in an attempt to assist the parties in reaching a settlement agreement which will be memorialized into a mediated settlement agreement.

Retaining a Divorce Attorney in Tyler

When retaining a Tyler divorce attorney make certain that your attorney has trial experience. Even though many divorce cases settle prior to a trial, it is important that your divorce attorney is willing and capable of taking your case to trial. If your divorce does not settle in mediation the last and final step would be a trial. A divorce trial can usually be completed in one day. Both attorneys will present their case and question witnesses.

If your case goes to trial your lawyer should meet with you prior to trial and will prepare you for the type of questions that will be asked. At the end of the final hearing, the judge will make rulings and a divorce decree will be completed to that effect.

Divorce Questions & Answers

How Much Does A Divorce Cost?

This is one of the most frequently asked questions regarding divorce. I understand that money doesn’t grow on trees. If a divorce is contested and you retain a quality attorney who is aggressively fighting for the best possible outcome then yes a divorce can be expensive. In any matter, it is usually always more cost-effective to have your divorce handled correctly from the beginning. With each case being different the cost can range.

How Long Does A Divorce Take?

In Texas a divorce must be on file with the court for at least 60 days in most cases before the divorce can be final. In an uncontested divorce, it will typically be completed close to the 60-day mark. A contested divorce case can last much longer. It is not unusual for a contested divorce matter to last 6 months or longer.

What Are Temporary Orders?

Since a divorce case can last for quite a long time, temporary orders are put in place at the beginning of the case. Temporary orders establish use and possession of the property, spousal support, visitation, etc while the divorce is pending.

Can I File A Divorce Myself?

Yes, you have every right to file a divorce yourself. You also have the right to build your own house or cut your own hair. Just because you can do not mean that you should. A quality divorce attorney has the education and experience needed to effectively represent you. If you intend to represent yourself in court, the judge will expect you to know the rules and procedures.

Can I Request My Spouse Get Drug and Alcohol Tested?

Yes, if you feel that your spouse has a problem with drugs or alcohol and that your children may be in danger. Many times if the judge orders drug or alcohol testing, both spouses will be tested.

Will My Spouse Be Ordered To Pay For My Attorney Fees?

In certain cases the judge can order your spouse to pay attorney fees. Each divorce is different and has unique circumstances. The judge will review each case independently and determine the need for attorney fees.

Can I Get A Protective Order?

Protective Orders are put in place when family violence has occurred or there is a threat that family violence will occur. An affidavit will need to be filed describing the violence that has occurred or the threat of violence. If you are in need of a protective order contact an experienced divorce attorney in Tyler.

What's The Cost Of A Divorce Lawyer?

Attorney rates can vary depending on the experience level of a family law attorney. For a straightforward uncontested (“Agreed”) divorce my fees start at $2,500.00. Contested Divorces have many factors and each case is different. The minimum retainer fee on a contested divorce is $3,500.00.

What Is The Fee For The Initial Consultation?

I charge $250.00 for the initial consultation. A typical divorce consult lasts for about 1 hour. It is usually best to do the consult in person, however, consults can be done over the phone. If a client retains me to represent them in their divorce I can apply the consultation fee towards the total retainer amount.

Do I Need A Divorce Lawyer?

In Texas you are not required to retain a divorce attorney. Even though you have the right to handle your divorce yourself this does not mean you should. The Texas Family Code is complicated. It is important to have your divorce done right the first time.

What Questions To Ask A Lawyer When Getting A Divorce?

The attorney’s fee structure and hourly rate
Alimony and Spousal support issues
Child custody and visitation questions
The General Divorce Process
Property & Debt Division

What Is Community Property & Separate Property?

Essentially in Texas community property is property obtained during the marriage. Community property can include a house, vehicles, and retirement. Separate property is any property that was obtained prior to the marriage. There are special circumstances where these two rules may not apply. If you have questions regarding the division of property you should consult with a local family law attorney.

What Is Mediation?

Mediation takes place outside of court. It is an opportunity for both sides to reach an agreement without the need for a trial. The mediator is usually a family law attorney that is not associated with the case. The attorney for both parties will typically agree on a mediator. The mediator remains neutral to both parties and attempts to help reach a settlement feasible for both sides. Divorce mediations will last either a half-day or a whole day depending on the issues.

Ready To Schedule A Divorce Consultation?

I make it easy for clients to contact me. You can;

All of my clients have the capabilities of viewing their case status, case documents, and sending and receiving messages to me online as well.

I also handle divorce matters in Longview and Henderson, TX