If you are considering divorce, you need a good family lawyer to guide you through the process. Divorces are stressful and emotional tensions can run high. A good family lawyer will keep attention focused on what matters most in achieving your goals. The attorneys at Lundberg Law will give you the confidence and peace of mind you need to move forward with your life.
No two divorces are the same. Some are agreed while others are hotly contested, some have extensive property issues while others may have child custody disputes. No matter what your situation is hiring an attorney is often necessary to navigate the legal system.
What will happen to my kids? This is often the first question people have when going through a divorce. Texas law mandates that when children are involved the court is to enter orders that are in the “best interest” of the children. This standard is extremely broad and the factors that contribute to determining what is in the children’s “best interest” will vary depending on the individual circumstances presented in each case.
What will happen to my property? Under Texas law all the property acquired during the marriage shall be divided in a just and right manner. Often this means that the parties will divide the marital property 50/50, however in some instances one party may be entitled to a disproportionate share of the estate. Additionally, if either party owned property before they were married or have received an inheritance they will likely need to establish it as their own separate property.
Are you ready to file? Before filing for divorce we at Lundberg Law always advise our clients to reflect and at times seek counseling to ensure that they are making the right decision. If you have decided that you are ready to take the next step please find below a brief overview of the different stages of a divorce case.
The entire process begins with the filing of a petition in state district court, next, service of process must be obtained on the opposing party. After a case is filed there is a mandatory sixty day waiting period before a final decree of divorce can be entered.
Courts may have initial standing orders that go into place immediately upon the filing of a petition for divorce. These orders can contain provision regarding the conduct of the parties, including but not limited to preventing the parties from withdrawing any children from school or daycare or prohibiting parties from depleting or destroying valuable assets.
Hearings on temporary orders regarding children and property may be necessary at times, and can establish guidelines for the parties to work within while a case is pending. These initial proceedings can be set quickly after the filing of an original petition. Competent representation is crucial at this critical stage of the case.
Final decrees of divorce are extensive documents that require careful attention and thoughtful drafting. These orders can address a range of issues including the distribution of assets such as business, houses, retirement accounts, and vehicles. Additionally, these orders will establish conservatorship, child support, and possession schedules for any children.
If you have questions and would like to further discuss the divorce process please contact Lundberg Law for a free consultation.