Are you tough? I don't want a wimpy lawyer!
When and if needed, we will certainly be tough. However, most often, we believe it is in our client's best interest to work things out amicably either through the collaborative process or mediation. When this is possible, it saves both the financial and emotional resources of a family to its long term benefit. If this fails, we have no fear whatsoever of the courthouse, and are very familiar with the court system. Mr. Hance has been a litigation attorney for over 24 years and has served as an Associate Judge in the 301st District Court of Dallas County. All of our attorneys are in Court on a regular basis, and are known for our high level of preparation.
Do you charge for the first consultation? Why?
During your initial consultation, you will be given extremely important legal advice, which will certainly help you understand your options, and may sometimes even resolve your dispute. You only pay for the time you are here, so, if you don't hire us, there will be no further charges. The consultation is charged at the normal hourly rate for the attorney involved.
What is your retainer fee?
The retainer is determined by the complexity of the issues in the case, whether or not the matter will be contested (and the intensity of the dispute), who the opposing counsel is, the number of attorneys who have previously represented you, etc. The retainer will be discussed and determined during the consultation. Except in Pro Bono cases through our local Legal Services, all new clients must pay a retainer upon hiring the firm.
What do I need to bring with me to the first meeting?
We suggest that you start making a list of questions or notes prior to the meeting. Since this process is very stressful, clients often say they forgot to ask things that were very important to them. If you have easy access to income tax returns for the last three years, or other financial documents such as a balance sheet or net worth statement, those can be very helpful.
How long will it take to get the divorce?
Texas law requires that a petition be on file for at least 60 days prior to granting a divorce.
How long does the process generally take?
Without knowing your individual circumstances, this is very difficult to determine. It can take anywhere from several months to two or more years. It depends on who and what is involved, how quickly documentation can be assembled, what can be agreed to, or if the case is highly litigated. It is very rare for divorce to last longer than a year, unless the parties choose to delay it for some reason.
What do I do if I am served with divorce papers?
If you are served with an Original Petition for Divorce, you should hire an attorney immediately and have your attorney answer the lawsuit. You only have until the first Monday after twenty days expires from the date you were served to answer the divorce. Otherwise your spouse may obtain a default judgment against you. It is generally not a good idea to avoid service of the petition. Doing so may prejudice the Court against you, and make you look like someone who cannot be trusted to follow court orders and procedures.
Can you find assets which are being hidden?
In the litigation process, formal discovery will be served on your spouse and searches through different entities can be made. Accountants and other professionals can review and trace most accounts. However, there is no way to guarantee that someone has not hidden assets. Obviously, the more you can determine from your spouse, or other sources, prior to filing for divorce, the better.
In the Collaborative Law process, discovery is done informally, but no less thoroughly, according to the facts and needs of your divorce.
Can you get my spouse out of the house?
A spouse cannot be removed from his/her residence unwillingly without court intervention and a hearing, except in extraordinary circumstances. A petition and a request for a temporary hearing within fourteen days must be filed. The Court will decide at the hearing which spouse should move out and when that spouse should move.
Can I change the locks on the house and just lock him/her out?
This is a question which requires specific advice from an attorney based on your situation and circumstances. We generally do NOT recommend that you lock a spouse out of his or her home. This usually just angers the spouse and doesn't accomplish anything positive. The other spouse can easily break and enter without violating the law, as it is their home. You must have a court order before you can legally keep someone from their home. If you have been threatened with physical harm or have been physically harmed by your spouse, you should immediately call the police and report the details. The police will generate the appropriate paper work, and provide you with direction to obtain a protective order, which may enjoin your spouse from coming into the home. The best starting place to make such a report is by simply calling 911.
Can you represent both of us if we have already agreed on everything?
No. It is unethical in Texas for an attorney to represent both parties in a divorce, or any other family law dispute. However, there is nothing in the law which requires both parties to obtain a lawyer. We will represent one party when the other does not have a lawyer, but we will make it very clear to the other party that we do not represent them, and that they should probably obtain independent legal advice.
Can you just draw up the final papers?
Yes, if enough information has been provided and you are hiring us to do only that, we can help with whatever process you have hired us to do.
What should I do to protect myself before I tell my spouse?
Personally: If there is a threat of any violence or danger to you or your children, the attorney can discuss viable options with you in the first consultation. You should always err toward the safest option, as opposed to what you might believe to be the most strategic option, until you have had the opportunity to consult with a lawyer.
Financially: If possible, you should attempt to organize your resources so that you are able to support yourself and your children for several weeks to a month until a court order could be obtained for the immediate future. Review and copy, if possible, all financial documents which you have access to.
Should I tell my spouse before or after I come and meet with the attorney?
This is entirely up to you. However, it may be much more helpful for you to have met with the attorney and have had some of your questions answered prior to meeting with your spouse. The attorney can often give you helpful suggestions about your approach which could be the difference in your having a highly litigated case or a case which is resolved more peacefully. There are important decisions to be made, and you should not feel guilty about seeing a lawyer for the purpose of protecting yourself and your interests without your spouse's knowledge.
Should I tell my children?
After meeting with you and learning about your individual case, the attorney can provide you with different options as to who, how and when the children can be told. Many parents solicit the help of a child development specialist in this regard, and the attorney will be able to give you a referral for a qualified mental health professional after meeting with you and discussing your individual situation. Do not make unilateral statements to the children about the divorce or your plans until you have spoken with a lawyer and/or a child development specialist. Also, do not make derogatory or negative statements about your spouse in the presence of your children. This will not only harm your children, it will in all likelihood harm your case.
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