In Texas, parties are not required by law to hire an attorney to represent them in their divorce nor will the court system appoint an attorney to represent a party. If a person wants an attorney to provide legal representation in their divorce, that person is responsible for finding and hiring an attorney. This blog will address whether a person needs an attorney for their divorce in Texas and describe the benefits of deciding to hire legal representation.
Misconceptions
Before we discuss why you should hire an attorney, we will first address some misconceptions about hiring an attorney.
Expense
The expense of hiring an attorney is one of the main reasons that people decide to forgo hiring an attorney to represent them in their divorce. People oftentimes say that they cannot afford an attorney. We understand that hiring an attorney is oftentimes an expensive endeavor. However, it might end up being more costly to not hire an attorney. Dividing a marital estate is not always easy. Parties who are not accustomed to dividing assets might incorrectly award an asset, not take into account tax consequences, or not complete the necessary ancillary documents to actually divide the asset. Furthermore, parties might agree to certain child related terms in their divorce that create a lot of issues following the divorce, which can result in a modification case. Specific requirements are necessary in order to bring a modification case and these cases can end up being more expensive than doing the divorce the “right” way the first time.
Many times people are not seeking legal services from attorneys that fit their legal need, which can impact how much a party pays. The rates attorneys charge varies by expertise, experience, and the client’s legal needs. For example, if you know you and your spouse will come to an agreement on how to divide your assets, you may not need the more expensive attorney who specializes in complex, high net worth divorces where parties typically own large businesses. It is important that you research the firm and attorney you are consulting with to make sure that they can provide you the expertise and experience you need at a cost that fits your budget.
Uncontested to Contested
People sometimes incorrectly believe that hiring an attorney will make their uncontested divorce turn into a contested divorce. Uncontested divorces mean that the parties come to an agreement on issues regarding their property and children. Contested divorces, on the other hand, involve parties who fight over their property and children.
Most attorneys will not make a divorce go from an uncontested matter to a contested case. Contrary to the belief of some, most attorneys do not want to start unnecessary fights in a divorce. Parties oftentimes interpret legal advice as an attorney trying to make a divorce a contested matter, but attorneys owe an ethical obligation to their clients to make them aware of their legal rights during a divorce. Parties might experience more tension after hiring an attorney if that attorney makes their client aware of their rights under the law and the client wants to explore how to protect their rights. For example, the parties might agree that the husband will keep the home after the divorce because the husband is the one whose income paid for the house during the marriage and the wife has a separate property home where she can live. The wife’s attorney will explain to the wife that the husband’s income was community property so therefore the home bought and paid for during the marriage with the husband’s income is also community property. The wife now wants the husband to pay her for her fair share of the home’s equity. If the wife did not previously know this, the attorney might appear to be causing conflict, but in reality the attorney simply is advising her client of their legal rights to the property. A good attorney will not cause unnecessary fighting for no reason. If you feel that your attorney actually is causing unnecessary fighting, we recommend exploring other possible options for legal representation.
Now that we have discussed some misconceptions about attorneys, we will address why you should hire an attorney if you are going through a divorce.
Expertise and Experience
Attorneys are experts in the law and can help you navigate your divorce in a way that will be beneficial to you. Many people mistakenly believe that getting a divorce just involves filing a few papers. Unfortunately, getting a divorce is a much more difficult endeavor than getting married because you are legally dividing a marital estate and establishing legal rights to children. Most divorces involve filing multiple pleadings and orders with complex legal terms, attending mediation, determining the best strategy to accomplish a client’s goals, and attending court hearings and trial. Many pro se parties, which means people not represented by an attorney, use forms they find online or in the courthouse. While these forms are better than nothing, these forms are not a replacement for an attorney. People many times read about the law online and think that they understand how to divide their assets and award rights to their children. It is important for people to realize that some things, such as property division, cannot be modified once the divorce is finalized. Therefore, any mistakes made can prove costly to a party who incorrectly divides assets. Furthermore, simply navigating a court’s procedure can be difficult for pro se parties because they are not acquainted with each court’s rules and procedures. Hiring an attorney will help safeguard parties from making wrong decisions and ease the stress of navigating the court system because attorneys have the expertise and experience to help the party with their divorce proceedings.
Open, Honest, and Protected Communication
Another reason you might want to hire an attorney is so you can have open, honest, and protected communication with someone who can listen to your experiences and provide you with ways to proceed in your divorce. Communications between attorneys and their clients are protected by something called attorney-client privilege. This means that attorneys cannot be forced to testify or otherwise disclose information that their client shares with them. Sometimes clients do not share information with their attorney because they are worried their attorney may tell someone else. On the contrary, attorneys have a professional ethical requirement to not disclose any information given to them by their client. When you hire an attorney, you have someone who you can confide in and ask questions that you would possibly be afraid or uncomfortable asking someone else.
When talking with your attorney, make sure that you share all relevant information that may impact your case. Your attorney cannot help you deal with any possible issues if you do not make them aware of what is going on. Family law deals with very sensitive topics, such as divorce, child custody, property division, and infidelity. Do not feel ashamed or embarrassed to discuss a topic with your family law attorney. Remember that your attorney deals with family law related issues for a living. He or she has likely seen similar issues in the past. Your attorney is not here to judge you. Rather, your attorney wants to make sure they are able to advocate for you and having all the information is necessary in order to effectively advocate on your behalf. Many clients feel a sense of relief being able to have an open and honest conversation with their attorney about the issues they are facing in their lives that impact their divorce. Attorneys counsel their clients on how to best resolve these issues in a compassionate, thoughtful manner.
Advocate
Attorneys receive extensive training on how to best advocate for their clients inside and outside the courtroom. Having an attorney advocate on your behalf is important because attorneys know through experience which arguments work for certain judges, how to navigate negotiations with opposing counsel, and different ways to engage with mediators during mediation. At every step of your divorce, you will want someone on your side advocating for your best interest and the best interests of your children. Unfortunately, sometimes pro se parties simply do not know the legal terms and how to go about asking the court for what they want and need in their divorce. While pro se parties try to advocate for themselves during divorces, hiring an attorney will help make sure that you have a trained advocate on your side to guide you through the divorce process and giving you a voice within the legal system.
Overall, if you are trying to decide whether to hire an attorney, we would recommend exploring your options in terms of legal representation. At Hunt Law Firm, we are ready to assist you through your divorce whether you have an uncontested divorce where you just want to make sure the legal documents are executed correctly or whether you have a high-net-worth estate and children who need protection. Call our office today to schedule a consultation for your divorce and any other family law related legal needs.