Helping Families in Rockwall County and Surrounding Counties

Do I Need a Lawyer for My Divorce?

Do I Need a Lawyer for My Divorce?

Posted By Eaker Law Firm || 8-Oct-2015

No one ever expects their marriage to come to an end and when confronting this reality, the uncertainty of what will come next, how the process works, and the costs of this transition are deeply concerning. Typically when speaking with someone for the first time who tells me they are facing a divorce, I am asked “But do I really need a lawyer?” I hope to help shed some light on this question here.

Outlining Divorce without Children Involved

For a couple with no children, a divorce at its legal essence is fairly straightforward:

  • Figure out all the community propert
  • Divide up the community property between the spouses

Sounds simple right? Not so fast. For the first step, all the assets you own are presumed to be community property (only assets owned before marriage or received by gift or inheritance are separate property). Note I said all, which means everything including stock options, 401Ks, houses, cars, clothes…everything. The next step is to decide on what you believe is a fair and equitable division of those assets. If you can’t work it out, you will need to present your case to a judge in a formal trial.

Note that I didn’t say 50% anywhere. I didn’t say “evenly” either. I said you have to make two piles that are fair and equitable, taking into consideration a variety of factors. This is where the skill and creativity of a divorce lawyer comes into play as not all assets are created equal (consider taxes, liquidity, sentimental value, market value, etc).

Both parties can certainly work this out on their own. However, they do so in a cloud of emotions and attachments that often make doing so very difficult. This can add complications that rational attorneys can push through on behalf of their clients and make the process significantly less painful.

Call our Rockwall County divorce firm today at (972) 746-4651 to schedule a case evaluation.

Outlining Divorce with Children Involved

If there are children involved, additional issues must be resolved that must work with the parents, the children and the particular judge’s demands. It must also meet the legal requirements of the Texas Family Code.

Possession schedules can be both incredibly simple and complex. Child support is possible and takes a variety of forms. When you add in complex property issues or special circumstances of the children or abuse or substance abuse issues, an attorney is critical for the proper presentation of your case.

Once you have a deal figured out, many people simply want to sign the divorce papers immediately and complete the process. However, there is no such form in Texas where you can simply go to the courthouse and fill out the papers.

When you divorce, all of your assets and debts are transferred and awarded between you and your spouse. The Divorce Decree and related transfer instruments to effectuate the court’s order must be properly prepared to ensure that you get what you think you are getting. When you seek a lawsuit to transfer every single one of your assets, it only makes sense to ensure you are assisted by a trained professional that does this on a regular basis.

Over 15 Years’ Experience Handling Divorce

Everyone truly needs an attorney to assist them with their divorce. Our skilled divorce attorneys have the experience to work through the important legal issues to ensure you get the property you are entitled to in the most efficient manner possible. Given the pain and the risk, it is imperative that you contact Eaker Law Firm today for compassionate and skilled legal services.

Contact our Rockwell County firm today for legal assistance with your difficult divorce.