Navigating divorce with an Attorney - Evans Family Law Group

Divorce is never easy, even under the best of circumstances, but when you work with an Austin family law attorney who has experience with our Texas laws and the Austin, TX courts, it’s possible to get through this process more smoothly and quickly than would otherwise be possible.

How to Navigate the Divorce Process With a Family Law Attorney

The first step in working with your lawyer is to confirm your eligibility and decide whether you’re going to divorce on the grounds of insupportability or on one of the fault-based grounds that Texas allows. Some of the fault-based grounds you could choose would be adultery, cruelty, abandonment, and more. Sometimes, even if there was fault in the marriage that led to the divorce, it’s still easier for everyone involved to file a no-fault divorce petition. Other times, fault can heavily influence property division or spousal support. A lawyer will help you decide on the best choice for you.

Texas allows no-fault divorce, meaning you don’t need to prove wrongdoing to file for divorce. The most common grounds for a divorce in our state is “insupportability.” This just means the marriage is considered broken and beyond repair. To be eligible to file in Texas, at least one spouse must have been a Texas resident for six months and a resident of the county where you’re filing for 90 days.

Filing

Your attorney will file a Petition for Divorce with the district court in your county. This document outlines all your requests about how to divide up property, child custody plans, and anything you’re asking for in terms of support. At that point, you have to wait 60 days at minimum for the divorce to be finalized. That’s because the state has a 60-day waiting period to give couples a chance to cool off and change their minds.

Assuming that you won’t change your mind, and assuming that you and your spouse can agree on everything, you can get divorced pretty quickly after that 60-day period is up. If you don’t agree, however, it will usually take quite a bit longer. Once the petition for divorce has been filed, your attorney will serve this petition to your spouse. Your spouse has 20 days to respond at that point. Depending on how they respond, your attorney may prepare to negotiate or prepare to go to trial.

Initial Steps

Once you have filed and are going through the waiting period, your attorney will help you gather more detailed information about your finances, the history of your marriage, and the situation with your children. You’ll need to provide documents like tax returns, bank statements, property deeds, and prenuptial agreements, and disclose everything about your debts, income, and any domestic issues you’ve had. The courts will consider all these issues as it decides an equitable way to divide your property and what to do about your children.

One of the most difficult parts of any divorce is child custody, so if there are children involved, you’ll work with your attorney to understand Texas custody laws and come up with a plan that works for your family. This will depend very much on the unique situation your family is in.

If you and your spouse get along well and have good relationships with the children, then likely you’ll be seeking joint custody (known as “conservatorship” in Texas). If you believe your spouse should not be allowed to have custody of the children, or perhaps even be forbidden visitation rights, you will have to work with your attorney to put together a very comprehensive case proving exactly why your spouse should be denied their parental rights. And if your own parental rights are being threatened, you and your lawyer will need to show why you are a fit parent and should continue to have an active part in your children’s lives.

Temporary Orders and Discovery

Talk to your lawyer about whether you want to request any temporary orders when you file your petition. Temporary orders are just that: temporary. They may be changed drastically once the final divorce decree is made, but their purpose for the moment is to help you address any immediate concerns while your divorce is pending. These orders can cover things like spousal support, child custody, who gets to use the family home, or who will pay the bills. For example, if one spouse has been the primary breadwinner and the other spouse primarily a homemaker, a temporary order can require the breadwinning spouse to pay temporary spousal maintenance to make sure that both parties remain financially stable until the divorce is finalized.

Discovery is when the two sides of the divorce exchange information so they can build their respective cases. Depending on how cooperative your spouse is, this could be simple, or it could require official demands from your lawyer to produce documentation like bank records, give sworn testimony in a deposition, and more. During this time, your lawyer can also make sure that all your property is being considered for asset division. It’s not uncommon for one spouse to try to hide some property to keep it from being divided up, but your lawyer will help you to uncover anything that your spouse may be trying to hide.

This is also a time when you want to talk to your lawyer about how to best protect your interests and safety. Your lawyer may, for example, advise you against making any large financial transactions during this time. If domestic violence is a factor, your attorney can petition the court for a protective order on your behalf, which can stop your spouse from contacting you or the children, if that’s necessary. You will need support and evidence to show why these orders should be in place.

Negotiating a Settlement

Most Texas divorces settle out of court, often through mediation or negotiation. Your attorney will advocate on your behalf for a fair settlement that protects your interests in property division, child custody, and support.

If children are involved, your attorney will help you negotiate a parenting plan that both fits your family’s needs and also fits Texas guidelines for custody. Your attorney can push for a customized plan if the standard schedule doesn’t suit your family’s needs. Child support calculations also follow specific formulas, but your attorney can argue for something different if your child has special needs or there are other unique circumstances.

Preparing for Trial

If settlement negotiations fail, your Texas family law attorney will prepare for trial. There, a judge will decide any unresolved issues over property division, custody, and support. Trials are rare and less than 10% of Texas divorces go to court, but your attorney must be ready. To get ready, your lawyer will file any necessary pre-trial motions, such as requests to exclude certain evidence or to compel last-minute discovery, and then compile exhibits to present to the court to strengthen your case.

Your attorney will coach you on courtroom etiquette and testimony so you’ll give a clear, concise presentations on the relevant facts, like your contributions to marital assets or your child’s needs. If custody is contested, they’ll help you present evidence showing your involvement in your child’s life and why you are the best positioned to be custodian of your children. For property disputes, they’ll argue for a “just and right” division that is in your best interests.

There’s even more than an attorney can do for you, and if you are thinking about divorce, contact us now at the Evans Family Law Group, Austin’s trusted and experienced law firm.

James Evans

James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions

Named one of Texas Monthly’s “Super Lawyers” from 2015 – 2022
Named by Martindale as one of the “Top Lawyers in Texas”
9.5/10 rating on Avvo, based on clients’ reviews
Featured as a legal expert on Austin’s local radio station

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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.

The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.

Coral G.

I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.

Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.

Michelle I.

Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!

Chase S.

Austin

Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.

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