So you have decided to get a Texas divorce - but what comes next? How do you find the right information, negotiate a fair divorce decree, and make sure all your forms are submitted to the right place without any mistakes? Fortunately, you do not have to do all this work alone - divorce attorneys can make the process much easier. But finding and choosing a great divorce attorney can sometimes feel like yet another chore. Here are a few things to look for in your divorce attorney before signing a representation agreement. 

Problem-Solving Mindset

Some divorce attorneys will tell you right away that certain things cannot be done. Instead, go with a divorce attorney who is willing to tackle issues from many angles and pursue unconventional approaches to get results. An attorney should consider possible solutions while taking your preferences seriously. At the same time, a great attorney will be honest and let you know what is or is not legal or practical. 

Adaptability

While you may not intend to go to court, your divorce may take you in surprising directions. A good divorce attorney is flexible and willing to demonstrate competence in a range of approaches, from mediation to litigation. Thinking fast and responding to challenging surprises will serve your cause well as you navigate potentially tricky issues like child custody and asset division. 

Making the decision to get a divorce is one of the hardest things you may ever do. Even if you have not made up your mind yet and are still wondering whether divorce is right for you, it is wise to be prepared so you know what to expect in case you decide to move forward. Filing for divorce in Texas is fairly straightforward; actually negotiating the terms of a divorce can be substantially more difficult. In this blog, we will discuss how to file for divorce in Texas and discuss the benefits of having an attorney to help guide you through the divorce process. 

Where Do I File For Divorce in Texas? 

Once you decide you are ready to move forward with the process, you need to fill out the Original Petition for Divorce. You are the petitioner, and your spouse is the respondent. If you need help paying for your divorce, fill out the Affidavit of Indigency as well. Take these forms, as well as a Civil Case Information Sheet, to your local courthouse and turn them in to the clerk. The fee for filing for divorce with children in Tarrant Count is $401. 

Whether you file for a contested or uncontested divorce depends on whether you and your spouse can agree on how to handle mandatory issues without help from the court. These include: 

When Texas parents of a minor child share custody of the child, they must create and abide by a legally enforceable parenting agreement. Although courts can set the terms of the parenting agreement (technically known as a “possession agreement” in Texas legal terms), most co-parents find they can create a better, more satisfactory parenting agreement when they work together outside of court. 

One possible option many parents take advantage of in a customized parenting agreement is an idea called the “right of first refusal.” In this blog, we will explore the basics of the right of first refusal and how, under the right circumstances, it can benefit both a child and her parents. 

The Right of First Refusal in Texas

The right of first refusal is a clause that states one or both parents will rely on each other for childcare when they would otherwise hire a babysitter or ask a family member for help. The right of first refusal does not have set terms, but rather can be customized to suit the needs and schedule of the parents. Ideally, it allows both parents to maximize their time with a child whenever possible. 

Alimony is a complex subject in any divorce. Few spouses want to pay it, and few spouses who receive it feel as though they are getting enough. When neither side is likely to be satisfied with the outcome of a particular issue in a divorce, it is especially important to understand the law so you know your options and have some idea of what to expect. In this blog, we will give a brief overview of the basics of alimony in Texas; keep in mind that this is not legal advice and that the best source for answers to your questions is an experienced Hurst divorce attorney. 

First Things First: What is Alimony? 

Alimony in Texas is technically known as “spousal maintenance.” The “obligee” is the person who receives spousal maintenance, and the “obligor” is the person who pays it. Spousal maintenance is money given from the obligor to the obligee after a divorce to give the obligee time to become financially self-sustaining after a marriage ends. Alimony is most common in marriages in which one spouse forfeited their career or educational potential to care for children or support their spouse’s career. Spousal support payments today tend not to last as long nor be as large as they have in the past. 

Does the Wife Always Get Alimony in Texas? 

No. In fact, while either spouse can request spousal maintenance, payments are not automatically given to anyone and certain conditions must be met before a judge will order spousal maintenance. These are: 

For parents who are getting divorced, figuring out how custody and visitation work in Texas can feel overwhelming. Fathers especially may worry that they will lose access to their children once the divorce is finalized. Fortunately, the trend in Texas is moving towards making it easier for both parents to exercise their parental rights equally and maintain a loving relationship with their children. If one of your goals in your Texas divorce is getting custody of your children, read on. 

How Does Child Custody Work in Texas?  

Child custody in Texas is divided into two important areas: conservatorship, or the ability to make important decisions on behalf of a child, and access and possession, or the ability to spend time with a child as their caregiver (also known as visitation). Texas usually names both parents “joint managing conservators,” meaning parents will both participate in the decision-making process no matter how possession and access are allocated. 

Parents are encouraged to work together outside of court to create a parenting agreement that includes details about both conservatorship and access and possession. Parents are more likely to be satisfied with the parenting arrangement when they play an active role in negotiating its details. If parents have a hard time getting along, a mediator can help them reach a compromise.