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Texas Divorce Lawyer
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What you need to know about a Texas Divorce Lawyer. If your marriage is having problems, you should look at divorce as the last option. Seek counseling, which is available from your church, or the Family Advocacy Program. (On most installations, at least one spouse must be active duty to receive counseling, and there's usually a waiting list. For retired members, civilian employees, or those who need more immediate help, they can provide both military and civilian referrals.) If counseling fails, a
Texas Divorce Lawyer can provide information to help make the divorce less painful and messy but military attorneys cannot represent either spouse--military or not--in the actual legal proceedings.
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Before you or your spouse can file for divorce in Texas, one of you must have lived in Texas for at least the last six months and in the county where the divorce will be filed for the last 90 days. One spouse can file for divorce in Texas even if the other spouse isn't a Texas resident. If you are a Texas resident who's in the military, the time you've spent outside the state is considered residence in Texas and your home county for divorce filing purposes. These residency requirements can't be waived, so if you or your spouse hasn't lived here long enough, you'll have to wait to file for divorce until the requirements are met.
A good Texas Divorce Lawyer
is a must.
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The most common ground for divorce in Texas is the "no fault" basis: The marriage has become "insupportable" because of conflict between the spouses that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. In addition, there are other "fault" grounds that can be used, e.g., cruelty, adultery, conviction of a felony, abandonment for at least a year, living apart without cohabitation for at least three years, or confinement in a mental hospital for at least three years.
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No matter how uncomplicated and amicable your divorce may seem, it's too important to be handled through standard forms and kits
and this is why you need a Texas
Divorce Lawyer. Trying to save a few dollars now could end up costing you much, much more down the road because of legal ramifications you didn't foresee and the kit didn't cover. There’s no such thing as a “friendly” divorce because conflicts of interest are inherent in divorce proceedings.
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You shouldn't depend on your spouse's attorney to represent you; in fact, a Texas Divorce
Lawyer can't ethically represent both spouses.A lawyer can work with the unrepresented spouse to negotiate a settlement, but he can't give legal advice to that spouse and must advise the unrepresented spouse of the right to seek other counsel.
How much a Texas Divorce
Lawyer charges will depend on the complexity of the divorce. Generally, fees are higher when there are children and property involved and when the divorce is contested. Lawyers often charge flat fees, or a “package price” for uncontested divorces; when the divorce is contested, they usually charge an hourly rate. Your lawyer may require all or part of the fee to be paid in advance. Make sure you understand your obligations to pay attorney's fees and that you have this information in writing. Your initial meeting with the attorney is the time to discuss costs. After the divorce is filed, the court, on a motion from either party or on its own, can order one spouse to pay the other's reasonable attorney's fees and expenses. The court also may award legal costs as part of the property settlement.
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