Protecting What Matters Most
by James Evans - April 15th, 2024
Divorce is a challenging and emotional time for any individual, and making difficult decisions when you have to deal with strong feelings can quickly become overwhelming to the point where you don’t know even where to begin. Finding the right Austin divorce attorney to represent you and protect your interests is one of the most important decisions you’ll make during this process and can make everything go more smoothly.
A divorce attorney is fundamentally different from any other type of lawyer. Family law is its own branch of the law, and your lawyer should have a strong familiarity with the Texas Family Code and how local Austin courts typically interpret those laws.
It’s a good idea to start by looking for attorneys who focus their practice specifically on divorce and family law. Many family law attorneys offer a free consultation where you can discuss some of the unique details of your situation to ensure the lawyer has the relevant experience and knowledge to assist you.
A good fit in terms of your personality is incredibly important in a divorce case. Your case may be contentious or require complex negotiation with the other side: you may simply need someone who can walk you clearly and calmly through the process. Regardless, it’s vital to find someone you can trust with this highly personal matter and whose communication style matches your needs.
Don’t be afraid to ask questions during an initial consultation about the attorney’s usual approach to divorce cases, as this may help you identify whether their style will work well for you.
Lawyers use a few different options for billing their clients. Some lawyers prefer an hourly rate, which means you’ll be billed based on the time they spend on your case. Others use a flat fee for divorce cases, which means you will know upfront exactly how much the case will cost, regardless of the amount of time involved.
Finally, some attorneys offer a retainer-based arrangement. This involves paying an upfront retainer, and any unused portion is refunded at the end of the case, while the lawyer bills hourly against the retainer for their work. Discuss fee structures early in your conversations, as this can help you decide which ones fit your budget and situation.
The initial consultation is not just for the attorney to get to know your case. It’s also an opportunity for you to interview them and determine whether the relationship will be mutually beneficial. Be proactive during this process. Here are some relevant questions to consider asking:
There are varying ways to finalize a divorce, and it’s helpful to familiarize yourself with these options and work with an attorney who has experience with your preferred method. Texas law allows for both contested and uncontested divorce proceedings. If you and your spouse disagree on significant aspects, such as the division of marital property or child custody arrangements, the case is usually going to be contested. These divorces may involve extensive discussions, discovery of information, and even litigation.
An uncontested divorce means you and your spouse have reached a agreement on all significant terms. Cases resolved in this way tend to be quicker and more cost-effective. Your attorney will guide you regarding which approach is appropriate for your circumstances.
Beyond qualifications and approach, the feeling you get during an initial consultation is something you don’t want to just dismiss. Trust your instincts. Did the lawyer make you feel more comfortable or did they add further stress during an already difficult time? Did you feel pressured to make a decision? You should feel confident in the attorney’s abilities and feel heard. Take some time after your consultation to reflect before you make a decision.
Another valuable step in choosing the right attorney is to examine reviews and testimonials from previous clients. This feedback can provide insight into the attorney’s reliability, responsiveness, and success in handling divorce cases. Look for patterns in the feedback, whether those are positive or negative. Consistently positive reviews about an attorney’s diligence, communication, and professionalism are good indicators of their reputation. Pay attention to any recurrent issues that past clients have faced, as these could be red flags.
Just remember never to base your decision on a single review or even a small handful. If you’re reading a slew of positive reviews and one person had a bad experience (or you see mostly negative reviews, but one person was very pleased), you’re likely looking at an outlier.
The resources and network that an attorney has access to can be important for your case. An experienced divorce attorney in Austin should have a solid network of professional contacts such as financial advisors, counselors, and other specialists who might be needed during your divorce proceedings. Additionally, their connections within the local courts and familiarity with other attorneys and court staff may give you a strategic advantage. These relationships can often facilitate smoother negotiations and procedures.
Before making your final decision, always verify the professional credentials and standing of your chosen attorney. Ensure that they are licensed to practice law in Texas and are in good standing with the state bar association. You can also check their disciplinary record online with the state bar to ensure there are no serious grievances or malpractice claims against them. You want to have confidence that your attorney will follow all professional standards and ethics, as this is especially important in sensitive and personal matters like divorce.
Once you have completed all the above steps and chosen your divorce attorney, prepare yourself for the legal journey ahead by getting organized with all the necessary documents and information that your attorney will need to proceed with your case. Stay engaged and communicate openly with your attorney throughout the process so you can make informed decisions together. Remember, a good attorney-client relationship is built on transparency, trust, and mutual respect.
Ending a marriage is always a matter of making adjustments, regardless of the circumstances. Choosing a qualified, experienced, and dedicated attorney will ensure your rights are represented and will give you the best chance of moving forward on a positive trajectory. If you are facing a divorce in Austin, contact the Evans Family Law Group and our knowledgeable, experienced family law attorney in Austin now.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.