Divorce is a difficult and painful process, especially if it involves a prolonged legal fight. If you are considering filing for a divorce, or if you have been served with divorce papers, you may not be aware of how the divorce process works. A compassionate and experienced family law attorney can provide you with the legal information and advice that you need.
The Gilmet Law Firm family law attorney Yexenia Gilmet will provide you with tailored representation aimed to reach your goals. We will listen attentively to your legal needs and give you the necessary legal help.
We operate under the principle that the complexities and emotional stress that accompany a divorce can be lessened by reaching a beneficial resolution through mediation. This allows us to vigorously represent our clients without the hassle and cost of trial. However, we do understand that not all situations permit mediation to be an option. In circumstances as such, our attorneys are experienced and equipped to represent your best interest at trial.
Hiring an attorney you can trust and who is passionate about representing your best interest, can help ease the hardship accompanying a divorce. If you are looking for a divorce attorney in Houston who will listen to your goals and offers you a tailor approach to your situation contact us today at 713-840-0823 or via online. We will provide you with a no-obligation free case evaluation.
Texas law does not require a show of fault to get a divorce. If you are wishing to divorce or planning to file for divorce in Texas, you must have resided in the state for at least six months and must have been a resident in the county in which you are filing for a divorce at least 90 days. Once these requirements are identified and met you may file for a divorce in Texas by petitioning the appropriate court. For a divorce to be finalized in Texas it takes a minimum of 60 days.
Similar to all other proceedings, being the petitioner, the first to petition the court for a divorce, offers slight procedural advantages. For instance, the person who first petitions the court has the opportunity to talk first and at times first impressions are the ones that matter the most.
If your spouse was the party who filed for divorce, you will be served with papers from a constable, police officer, or private server. If you know that you are going to be served with papers, you may be able to receive a waiver in the mail instead. The waiver will simply state that you do not need to be formally served with papers. However, it is advisable that you consult with a Houston divorce attorney before signing any waiver. Often times, the waiver of service contains language that effectively prohibits you from participating in any future proceeding.
Texas is a no fault divorce state, meaning that in order to obtain a divorce an individual does not have to show fault for the dissolution. This gives rise to situations where one spouse wishes to remain in the marriage while the other wishes to end it. Even if you do not agree with the divorce, if the proper procedures are followed your spouse can obtain the divorce without your consent. Hence, in order to protect your assets and interest it is necessary to consult with an attorney.
From the time the petition is filed with the appropriate court, Texas law requires a couple wait a minimum of 60 days in order to finalize the divorce. Although the 60 day waiting period may be waived in certain situations, most courts require the waiting period to expire. How much time an individual divorce will take depends on several factors, including but not limited, to the court's docket management. Some courts compel a divorce request to proceed to trial or reach a resolution fairly quickly, while others allow divorce requests to remain on the docket for extended periods of time.
If you are looking for a quick resolution, The Gilmet Law Firm can help you reach your goals by requesting temporary orders.
If you are looking for a quick resolution between the time you petition the court for a divorce and the finalization of the divorce your attorney can request the court to issue temporary orders. Temporary orders may prevent either party from selling, encumbering, or transferring property, may determine the child's primary residence, child support and provide for spousal support .
Divorce is a complex and contentious area of the law and many issues will need to be considered. These issues can include:
A divorce can be contested or uncontested. An uncontested divorce is generally simpler than a contested divorce. In an uncontested divorce, there are no disputes over division of assets, child custody, or other matters. The parties, with the aid of a divorce lawyer, will draw up a divorce agreement and after the 60 day waiting period passes, the attorney will present the agreement to a judge, who will grant the divorce and dissolve the marriage. An uncontested divorce is the most cost efficient.
The attorneys at The Gilmet Law Firm offer affordable ways to obtain an uncontested divorce. Our Houston divorce attorneys will offer you legal guidance advice and support all the while maintaining cost at an affordable rate. You or your spouse can control how involved you would like the attorney to become in your petition. The Gilmet Law Firm offers an array of packages raging from limited scope representation to full representation. Limited scope representation provides you, for a fixed fee, all drafting of divorce documents including but not limited to the original petition, waiver of service, and the final divorce decree.
Limited scope representation provides you with the tools to properly represent yourself, pro se, effectively cutting cost while providing you with legal guidance. If the you prefer full representation we can tailor a flat fee arrangement for an uncontested divorce which includes all drafting of divorce documents and in court appearances.
The advantages of hiring an attorney, even during an uncontested divorce, far outweigh any cost saving advantage that may be achieved by downloading a free divorce form. If you are interested in consulting with an attorney, contact The Gilmet Law Firm at 713-840-0823. We will provide you with a no-obligation free case evaluation.
When the parties cannot agree on matters like division of assets or custody, the divorce will be contested. Many times, these cases end up in mediation proceedings or court. During the mediation proceedings the respective attorneys will present their case to the mediator and attempt to reach an agreement. If the parties are unable to reach an agreement the case will proceed to trial. At trial, the divorce attorneys will present their respective case, and the judge or a jury will ultimately decide the disputed issues.
If you are thinking about divorce, or if you have been served with divorce papers, you need a divorce attorney you can trust and who will passionately advocate on your behalf.
Divorce is very serious, and should not be taken lightly. We understand that you are going through a difficult period in your life, and we want to help you protect your interests and assets. If you need a divorce attorney in Houston, we can help you. To get a free, no-obligation divorce case evaluation from the Gilmet Law Firm, call 713-840-0823 or contact us online.