Hiring a Divorce Attorney FAQs

Working with an experienced divorce attorney in McAllen can help you navigate the legal, financial, and emotional challenges of ending a marriage under Texas law. Divorce cases in Hidalgo County often involve important decisions about property division, child custody, and support that can affect your future for years to come. Understanding your rights and obligations is essential before taking legal action. A knowledgeable McAllen divorce lawyer can guide you through the process and protect your interests every step of the way.

  • Why should I get a divorce lawyer?

    Our McAllen lawyers help ensure your rights are protected under Texas law throughout the divorce process. In McAllen, divorce cases often involve complex issues such as community property division and child custody. Without legal guidance, you may unknowingly agree to unfair terms. A divorce lawyer in McAllen can advocate for your best interests and help you avoid costly mistakes.


  • The issues during divorce are complex without the help of a divorce lawyer. Taxes, child custody, and property division are some of the more complex issues where it advisable to hire a divorce attorney who knows all aspects of each process.

  • What are the advantages of hiring a divorce attorney for my divorce case?

    Hiring a divorce attorney provides legal knowledge, strategic guidance, and emotional distance during a difficult time. Hidalgo County courts follow specific procedures and deadlines that an attorney understands well. A divorce lawyer in McAllen can negotiate on your behalf and prepare your case if court involvement becomes necessary. This support can lead to more favorable and efficient outcomes.


  • In hiring a divorce attorney, you will receive superior guidance and counsel in resolving your divorce issues. Your best interest will always be a high priority concerning child custody, alimony, estate, etc. A divorce attorney will handle your case with distinct concern and strongly represent you in court to reach a resolution. Logically-based solutions and recommendations will be implemented to finalize the divorce with optimal professionalism. The advantages are endless.

  • Is it Possible For One Divorce Attorney to Represent a Divorcing Couple?

    No, one divorce attorney cannot represent both spouses in a Texas divorce. This would create a conflict of interest under Texas ethical rules. In McAllen divorce cases, each spouse must have separate legal representation or one spouse may proceed without an attorney. A divorce lawyer represents only one party’s interests.


  • No, a divorcing couple cannot share the same attorney as it is a violation of the Lawyer’s Canon of Ethics. This goes for all cases, not just divorce. The most obvious reason for the violation is it would create a major conflict of interest due to the attorney owing his/her loyalty and services only to a single client or party. This does not only cover the divorce proceeding itself, but the consultation prior to the divorce as well.

  • Must I be present during divorce proceedings?

    Not always. In many Hidalgo County divorce cases, especially uncontested ones, a divorce lawyer in McAllen can appear on your behalf for certain hearings. However, you may need to attend if testimony is required or if the case is contested. Your attorney can advise when your presence is necessary.


  • No, neither party is required to be present at the divorce proceedings. If a spouse has agreed to the stipulations listed within the divorce, then their presence is not required. This can go for both spouses as well. It is always best to consult with a divorce attorney regarding if both parties have the proper documentation to go forth with the proceedings and whether they must be in attendance or not.

  • Do all divorce cases go to court?
  • No, not all divorce cases go to court. Many divorces in McAllen are resolved through negotiation or mediation without a trial. Uncontested divorces often require only a brief court appearance to finalize the case. A divorce lawyer can help you pursue alternatives that avoid lengthy court proceedings.


  • How Much Does a Divorce Lawyer Cost in Texas?

    The cost of a divorce lawyer in Texas varies based on the complexity of the case. In McAllen, attorneys may charge hourly rates, with contested divorces typically costing more than uncontested ones. Factors such as child custody disputes or property division can increase costs. A divorce lawyer in McAllen can explain expected fees during an initial consultation.


  • What Should I Not Do During a Divorce in Texas?

    During a Texas divorce, you should avoid hiding assets, violating court orders, or speaking negatively about your spouse in front of children. Hidalgo County judges take these actions seriously and they can negatively impact your case. Making major financial decisions without legal advice can also be risky. A divorce attorney can guide you on what to avoid.


  • What Are the 3 C’s of Divorce?

    The “3 C’s” of divorce often refer to communication, compromise, and cooperation. In McAllen divorce cases, courts encourage parents and spouses to work together when possible. Focusing on these principles can reduce conflict and legal costs. A divorce lawyer can help facilitate productive communication during the process.


  • What Is the Wife Entitled to in a Divorce in Texas?

    Texas is a community property state, meaning most property acquired during the marriage is divided equitably. In Hidalgo County, courts do not automatically award property based on gender. A wife may be entitled to a fair share of community assets and, in some cases, spousal maintenance. A divorce lawyer in McAllen can help determine what property and support may apply in your situation.


  • Prepare for Your Divorce With These Divorces:
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    Not all divorce cases go to court. Surprisingly, most divorce proceedings are settled through mediation or collaborative law. In almost all cases, the divorcing couple settles their differences by agreeing on distribution of assets, funds and even agreeing on joint custody of their children should they have any, rather than having a judge decide for them. The reason most couples decide to settle out of court is due to avoiding court costs and lengthy litigation.