Family Attorneys in Houston - FAQs

Frequently asked questions to family attorneys

The family attorney in Houston, Texas of Lybarger Law Firm receive many questions from clients and prospective clients on family law matters, including divorce, custody, child support, mediation, and many other family law matters.  To help, we offer these answers to some frequently asked questions.  Also, for more on family law in Houston and throughout Texas, contact us or see our other answers to frequently asked questions here:

Answers to general questions on divorce in Texas

The frequently asked questions of family attorneys in Houston that are answered on this page:

• How long does it take to get a divorce in Texas?
• Does it matter who files for the divorce first?
• Can one lawyer represent both parties, or must each party have their own lawyer?

How long does it take to get a divorce in Texas?

To a degree, asking how long it takes to get a divorce is like asking "How high is up?"  Many ingredients factor into a divorce, making each one as unique as a fingerprint.  What we can tell you affirmatively is the minimum time, since Texas law requires you to wait 60 days after filing for divorce before the judge can grant the divorce.  During this mandatory cooling off period, Texas law makers hope you will reconcile and thereby remain married.  Beyond this 60-day minimum, factors that can extend your divorce duration by weeks, months, or even years include—

• The current caseload of the county in which you are getting divorced
• Difficulties getting all the necessary paperwork completed
• Whether or not one of the spouses wants to contest the divorce
• Whether or not the court must also determine child custody, child support, or alimony

Does it matter who files for the divorce first?

Technically or legally speaking, it does not matter who files first.  That said, we usually advise our clients to be the first party to file, primarily because this gives you the chance to speak first before the courts.  Although this advantage is debated by some, we generally find that the first viewpoint presented sets the stage for the rest of the case, which may influence the court favorably.  The other reason we may advise you to file first is if you are a victim of violence within your marriage.  Filing first adds a measure of credibility to your grounds for divorce.

Can one attorney represent both parties, or must each party have their own attorney?

For many reasons, it is generally best for each party in the divorce to have their own lawyer.  Three key reasons—

• The Texas State Bar considers the practice of one attorney representing both spouses unethical.
• It is not really possible for one Houston Texas divorce attorney to represent the interests of two people in a divorce since the interests of each spouse are rarely the same.  And since the attorney's role in a divorce suit is to represent the interests of a client, the attorney's position is inevitably adversarial to one or the other when the spouses have adverse agendas.
• If you try to get by with one family attorney in Houston representing both your interests because your agendas are initially compatible, what happens when the divorce hits an impasse that turns your relationship adversarial?  At that point, one spouse often goes out and gets his or her own divorce attorney.  That new attorney may have a strong case that the first lawyer was not fairly representing the interests of their client, which could harm the first spouse's case.

In the real world, it often turns out that there is but one attorney in a divorce case because one spouse hires a family attorney in Houston and the other spouse chooses to self-represent.  Although unadvisable, it is your legal right to represent yourself in divorce court in Texas.

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Lybarger Law Firm is committed to providing each client with personal attention to their legal matter, which we achieve by taking on fewer cases at one time.  This advances our ability to provide personal attention and accessibility.  For an experienced, compassionate, solution-oriented approach to your legal issues, contact Lybarger Law Firm.