If you have been served with divorce papers, you may have questions about how to protect yourself and your family. Our dedicated Pflugerville divorce lawyers could take the time to get to know you and your children, and determine how to best support your family during this challenging time. A caring member of our legal team could guide you through every step of the marital dissolution process, from negotiation to litigation.
There is far more involved in marital dissolution than simply ending a couple’s marriage. Numerous issues can arise in a divorce action that must be resolved by the parties or presented to a judge. Some of these include:
Additionally, the laws governing divorce are complex. Judges may consider many factors when making decisions on these issues, including each parent’s financial situation and relationship with their children at the time of divorce. A skilled Pflugerville attorney could educate a parent on what to expect in a divorce.
When parents agree to resolve their marital issues outside of court, their divorce is considered uncontested. Following mediation, the two parties may submit a written agreement to a judge for approval and receive a final divorce decree without extended litigation. However, when parties disagree on one or more issue, they may have to proceed with litigation in court. Generally, this process begins when one spouse files a complaint in family court. The spouse who files, referred to as the plaintiff or petitioner, must notify the other party of the divorce by serving them with the complaint and court summons.
Once the other spouse is served, they may file an answer and advise the court specifically what they disagree with in the petitioner’s complaint. Two parents can then begin negotiating their outstanding issues, and if they reach an agreement, the divorce can transition to an uncontested proceeding.
If two parents cannot resolve their case through mediation or at a pretrial settlement conference, they must present their case to a judge in trial. After hearing evidence from both sides, a judge will issue a final divorce decree. Both parties are bound by that order, although they have the right to appeal it if they disagree with the court’s decision. Contested divorce trials can be highly complex and emotionally exhausting. Representation by a seasoned Pflugerville lawyer could be essential to resolving a divorce case favorably.
One of the most asked questions is whether one parent’s marital misconduct impacts the final divorce terms. In family court, a spouse may seek a no-fault or a fault divorce. In a case involving fault, the spouse must prove that the other party is in some way responsible for the marital breakup.
There are seven fault grounds for divorce that one spouse may allege against the other. If the spouse seeking the divorce can demonstrate to a judge that one of these grounds exists and the other party’s actions led to the dissolution of their marriage, the judge could consider that fault when awarding custody or dividing the marital estate.
Divorce is rarely easy, and attempting to represent your own interests could result in an unfavorable outcome. Complex family laws, high emotions, and competing financial interests make it challenging to effectively present your case in court.
If you are facing the end of your marriage and need help protecting your child, consider working with a practiced Pflugerville divorce lawyer from Angela Fate Brown & Associates. A dedicated member of our firm could work tirelessly on your behalf to achieve a result that protects your legal rights and your family’s wellbeing.