Hiring a divorce attorney means different things for different people. For you, hiring a divorce attorney may mean protecting your relationship with your children. There are dozens of components to a typical child custody case as part of a divorce. If you are concerned with your ability to protect your rights with your children, then it would make a lot of sense for you to want to hire an attorney. An attorney is someone who has been through a divorce with people before and has walked them through many of the same issues that you are facing currently. Asking for help in a matter as important as a divorce is sensible and straightforward. The attorneys with the Law Office of Bryan Fagan are here to help you in a situation like that.
From the beginning of a divorce until the very end, our attorneys can assist you with any number of issues that you and your family are going through. For starters, it may be that you and your family are attempting to figure out whether a divorce is right for you. You may have heard things about divorce from other people but our curious to know whether divorce is something that would serve you and your family well. After all, there is no doubt that for some of you reading this blog post your first experience with the divorce is the one that you are currently contemplating. Rather than get all your advice on the case from a friend or family member why not speak to someone who has experience and knowledge about the specific circumstances that you are facing currently?
This is another aspect of speaking with an experienced family law attorney that can be of great assistance to you. Asking even well-intentioned friends and family about divorce will likely result in you receiving advice and perspective on a case based on their specific circumstances. While this is certainly better than nothing, it pays to be able to learn about divorce from the perspective of someone that has gone through the process and understands how a family court judge would likely rule on your specific life and family circumstances. In addition, an experienced family law attorney with the Law Office of Bryan Fagan is equipped to be able to provide you with an understanding of how the process typically goes from beginning to end and will help you to negotiate well with your spouse to avoid the uncertainty and costs associated with going to court for your divorce case.
What can a senior attorney with the Law Office of Bryan Fagan do to help you in your divorce?
Ultimately, this is the question that you need to be answered. We can talk all day and night about the theoretical benefits of hiring a lawyer for your divorce but where the rubber hits the road is about the expenses associated with hiring a lawyer and the actual benefit that you get in your case. Hiring a lawyer who helped someone else achieve great results with their divorce doesn’t provide a whole lot of benefit to you. If we are going to help you become convinced to contact one of our lawyers, then we need to start off our discussion today by going through how one of our lawyers can help you.
On top of that, one of the subjects that frequently come up in the world of family law is what type of attorney to even hire. Do you need a divorce attorney to represent you in your divorce? Couldn’t another attorney step in to the case and filed the divorce and represent you throughout the process without being a family attorney? Suppose that you know an attorney who is a family friend but who does not practice family law. If you feel more comfortable with this attorney representing you, does it make a big difference that she has never been involved in a divorce case before? These are the sort of real-world questions that you may have right now.
To begin with, Family law is a specialty within the world of law in Texas. Family law refers to divorce cases, child custody cases, modifications, enforcements, adoption cases, and grandparent rights cases. Sometimes also Child Protective Services cases fall under this category though, CPS cases are their specific area of the law. However, when you talk about family law just know that family law relates to most any circumstance involving children under the age of 18 as well as issues in your marriage. These are some of the most emotional and important subjects in our lives. Therefore, you certainly do not want to take a risk with your case and want to do everything possible to ensure your family’s success before, during, and after the case is over period
Would it be a mistake to hire your family friend who is an attorney but does not practice family law? You will find that many attorneys do not practice family law but will insist that they can represent you. I have no reason to doubt that you’re reasonably experienced attorney friend would be able to file the case for you and proceed through the steps of the divorce process. At the end of the day, you probably could get a divorce with your family friend representing you even if she has no experience in representing folks going through a divorce. However, the devil is in the details, and it can be difficult to achieve the goals of your case without having first considered what an experienced family law attorney can provide for you in the case.
First, our family law attorney will have practiced before the judge that your case will be assigned. Think about your job for a moment. If you have a boss then you probably know the way your boss likes things done as far as reports, time management, and things of this nature. You may have even learned the hard way about his or her expectations on work and job performance. As a result of taking the time necessary to learn your bosses’ expectations you probably were better able to perform at your job. You are now a more competent employee than you were a year or two ago simply because you learned the ins and outs of the job as well as the expectations of your boss.
You can think about practicing family law and ask something very similar. And all likelihood, the attorney she ends up hiring who has practiced family law for a considerable length of time has probably gone before this judge in hearings or trials. The attorney will know the sort of arguments to make to win points in the various areas of your case. For example, some family court judges have a reputation for being particularly tough on certain subjects. Not knowing this ahead of time can be a huge disadvantage for even an experienced attorney and other areas of the law. If a judge were to ask the attorney to file a brief and summarize their legal arguments about a certain area, then your well-meaning family friend may not be equipped to perform the necessary work that you need to achieve the results you want. Yeah
Next, consider that the law is always changing and evolving. Every two years, our state legislature meets to consider new laws and generally conduct the legislative business of our state. In that process comes new laws regarding family law. Sometimes the changes or updates in the law are relatively minor. However, every once in a while, there are substantial changes in the law that can change the landscape of family law. Consider that spousal maintenance, otherwise known as alimony, was not something a family court judge kid issue a decision on until 1995. After that, family law practitioners had to be prepared for the possibility of having spousal maintenance be a major issue in their divorce trial.
While a general practice attorney may have a general understanding of the Texas family code and its laws which are most relevant to divorce that does not mean that he or she is up to date on the changes in the law which are necessary for you to be as well as informed as possible about your case. Not only do you have to contend with changes in the Texas family code that can occur every two years, but you also have to be aware of different cases that come out from the various Texas appellate courts seemingly every day. Your family law attorney would be keeping up to date on these cases in order so that he or she can provide you with the best possible advice and can make the best arguments to a judge regarding your case. It is less likely that a general practice attorney would be able to do so in addition to balancing their law practice which focuses on areas of the law not related to family law.
How long do you want your divorce to take?
Another aspect of being represented by an experienced senior attorney with the Law Office of Bryan Fagan is that by choosing to be represented by one of our attorneys you put yourself in a position where the attorney can walk you through your divorce in a way that minimizes delay and maximizes results for you and your children. While no attorney can ever guarantee you a particular result, working with one of our experienced senior attorneys can put you in a great position to not only accomplish your goals but to do so in a reasonable amount of period
Consider that a typical divorce case could take anywhere from 8 to 12 months. Part of this has to do with there being a 60-day waiting period from the date on which your divorce petition is filed to the date on which a judge can officially sign your final decree of divorce. The 60-day waiting period is intended to act as cooling down. Thus, allowing you and your spouse to determine whether or not getting a divorce is what you want to do. For most of you reading this blog post, the 60-day waiting period is unavoidable unless family violence is an issue in your marriage. otherwise, you can expect your divorce to last at least two months.
A reasonable question to ask at this point would be how does your divorce go from the last 2 months at a minimum to sometimes lasting up to a year? The answer depends not only on the circumstances of your case but also on the ability of you and your spouse to be able to effectively communicate in negotiate with one another throughout the case. To be sure, your case may involve circumstances that require a lengthier court stay and more time-consuming negotiation. If you and your spouse are both attempting to win primary custody rights to your children, then it is likely that the two of you will have a longer divorce as a result. There are many moving pieces involved in a custody battle like this and your attorney will have to be prepared to walk with you and advocate on your behalf.
However, there are almost always opportunities within a divorce case to be able to minimize the length of the case as well as take advantage of opportunities 2 negotiate in good faith whenever possible. This is one of the misnomers about divorce that many non-family attorneys are unaware of. Many people assume that if you file for a divorce, it is an accessory to go before a judge to have that judge play a tiebreaker on the most important issues of your case. However, this could not be further from the truth. While some divorces do require the parties to go to court for a trial that is not always the case.
Most divorce cases that I have had the honor of working barn we’re settled either informally or in mediation rather than in the courtroom. This allows you and your spouse ample opportunity to work together to avoid the animosity and delay that frequently come with divorce cases where the parties are not able to work together to arrive at common solutions to their problems. This is where it experienced family law attorney with the Law Office of Bryan Fagan can assist you in your family.
Having a senior attorney from the Law Office of Bryan Fagan representing you and your divorce means that the attorney will be able to immediately begin to work with your spouse and their lawyer to arrive at negotiated settlements. If you are concerned about your divorce dragging on and on then working with one of our attorneys is a great way to provide you with some Peace of Mind. When it comes to divorce there is almost always ample opportunity to work together with your spouse to negotiate rather than litigate.
Some attorneys are better than others at the negotiation aspects of the case. This is especially important regarding a divorce. While many people will tell you that they are aggressive regarding their courtroom demeanor, I would want to focus on their negotiation demeanor just as much. While it is important to be capable in the courtroom if you are a family attorney most of a divorce case is spent outside of court. So, do you want to have a lawyer who can advocate for you effectively in front of a judge but who is also a willing partner when it comes to Negotiation?
At the beginning of a case, a senior attorney with the Law Office of Bryan Fagan would sit down with you to discuss your case, its circumstances in your specific goals for you and your family. The attorney can help guide you to the extent that you can learn more about how divorce functions and the goals you have to say about you in your case. Sometimes a client’s goals R not in line with other goals they have stated in their case. Your attorney can help you to prioritize goals and set a clear-cut vision for your case.
Success in a divorce case, no matter how you define success, is almost always furthered by having a plan. Having a plan means being intentional and understanding that each of your actions will have an impact on the outcome of your case. By working with the senior staff attorneys with the law office of Ryan Fagan you can develop a plan, be intentional and achieve the results that you are seeking in your Texas divorce.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody case.