Top 10 Divorce FAQs to ask our Attorneys in McAllen

Divorce can be stressful and emotional, but it is also a necessary step to move forward with your life. While some couples can resolve their differences and stay together, others cannot agree. We have answers for you, no matter what your situation is. We’ve put together a few Divorce FAQs to help you better understand the situation you may be in. Scroll down to learn more.

What Happens if My Spouse Wants a Divorce and I Do Not?

No-fault divorces have existed in Texas for over a decade. This type of divorce is granted when one spouse is not to blame for the end of the marriage. This might include claims that the parties have lived apart, there has been an incurable mental illness, or other circumstances surrounding their relationship that have failed somehow. If your spouse files a no-fault claim, you do not need to defend against those grounds but will still have the opportunity for a fair settlement.

What are the Steps to Getting a Divorce?

Many Texas couples begin their divorce by filing a “Petition of Divorce.” This document contains basic information about the spouses and the marriage, such as their names and addresses, the date they married, and whether they have minor children together. If so, what is expected of each spouse regarding child custody and visitation? The Petition of Divorce is just the beginning of what may become a long, drawn-out process. Other documents may also be filed at this time. What may follow is:

● Temporary orders (if necessary)

● Discovery of evidence

● Settlement negotiations

● Trial (if no settlement)

● After trial/settlement

What is my Legal Staff’s Role?

The roles of your attorney and legal staff in a divorce depend on the type of divorce. In most cases, your attorney and legal team are handling issues such as:

  • Filing for temporary orders to protect yourself financially
  • Pre-populating forms for you to sign electronically
  • Communicate with the other party’s attorney
  • Gather and preserve documents related to your case.

How can Divorce Attorneys in McAllen Help?

As a client of a law firm, your role is to ensure that our divorce attorneys in McAllen:

  • Can represent you on your behalf
  • Prepare and file all appropriate documents
  • Practicing law in ways that meet your goals.

This includes communicating your goals and objectives, identifying essential dates and deadlines, understanding the attorney-client relationship, excelling in keeping them informed of important developments, and planning any changes around those events.

Can My Attorney Represent Both Parties?

Both spouses must consent to their attorney representing both of them. If only one spouse consents, the attorney may mean only that spouse.

What Does Confidentiality Mean?

Confidentiality between you and your attorney can mean the difference between finding an effective solution to your legal issue or being stuck with a bad idea that no one is going to help you fix. Confidentiality is an integral part of any attorney-client relationship.

What are the Separation Requirements in Texas?

Texas does not have a legal separation ground for divorce:

  • In Texas, living separately and apart means living in different residences.
  • You will have to wait until at least three years have passed since your separation or the beginning of cohabitation.
  • For example, if one spouse moves into a guest room in the marital residence, this likely would not meet the requirements for a divorce based on separation.

What Happens if My Spouse is Dragging Out the Divorce?

Extending a divorce might sound tempting, especially when the idea of moving on is overwhelming. But divorce does not have an expiration date — and dragging out a divorce can cost you in unexpected ways.

Can I Change My Name Before Divorce?

It is possible to request a name change during divorce proceedings in Texas. A name change is sometimes called an order to legally change your name or a decree allowing you to use a different name. The court requires a person in Texas to have a legal reason for requesting a name change, such as marriage or divorce.

In a Texas Divorce, Who Keeps the House?

It depends on whether you’re asking about an uncontested divorce or a contested one in Texas.

  • In an uncontested divorce, both parties agree to all terms in their divorce case. In this situation, if the house is in one spouse’s name only or both names, then that spouse gets to keep the house.
  • In a contested divorce hearing, and if you are unhappy with the outcome of your divorce, consult with a real estate attorney to ensure that your interests are protected.

Key Takeaways:

  • You can request to change your name during a divorce.
  • Divorcees can split their homes amicably. In a Texas Divorce
  • You must finalize your divorce before the court-mandated deadline.
  • In Texas, living separately and apart means living in different residences.

Review these Divorce FAQs and Contact our Divorce Attorneys in McAllen Today

When you’re facing a legal matter, we are here to help you. We offer free estimates about your case, let us know what type of legal matters you need assistance with, and we can make arrangements for a free consultation to discuss the potential outcome of your case.

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