Divorce FAQs

When you are facing the end of a marriage, the prospect of going through the divorce process can feel overwhelming. It is important to seek assistance from a lawyer who can help answer all of your questions and address your concerns at every stage of the legal process. You will find such a lawyer in me, Wayne Ward. I have been helping clients resolve their most difficult issues for more than 30 years.

Frequently Asked Questions About Divorce in Texas

The following are some of the most common questions people have regarding divorce. Of course, everyone’s situation is different—seek personalized legal advice from a qualified attorney before taking any sort of legal action. I hope my divorce FAQ’s offers some benefit to you.

What is the difference between a contested divorce and an uncontested divorce?

Contested divorce cases occur when couples are unable to reach an agreement on some or all of the major issues concerning their divorce. These are adversarial affairs, which are ultimately decided upon by a judge in a court of law. Uncontested divorce cases usually involve relatively amicable splits where the parties are able to reach an agreement on most major issues. We can help you determine the right approach for your situation.

What is a collaborative divorce?

The collaborative divorce process is designed to help people avoid the court system as much as possible. In these cases, each side retains an attorney and then both sides work together to reach an agreement without going through litigation. This often results in a divorce that is less confrontational and emotional than a traditional divorce. This approach works best in uncontested divorce cases.

What is divorce mediation?

Divorce mediation is similar to a collaborative law approach in which couples work together to reach an divorce agreement. However, in this process neither side is represented by an attorney. Instead, couples work with a neutral, third-party mediator who helps them work through the major issues. This approach works best when a divorce is lightly contested and the parties have enough goodwill between them that they are likely to reach a resolution that they can both live with.

What is community property?

Texas is one of only nine states that follow the rule of community property. Any property acquired by either spouse over the course of the marriage is generally considered to be community property, with the exception of gifts or inheritances that are received by one spouse during the marriage. Each spouse, in theory, holds a one-half undivided interest in the community property. But, the courts have the discretion to equitably divide property, which may mean that a division will not be 50-50. Property division issues can become quite complicated, which is why it is important to have an attorney help guide you through this process.

What should I look for in a divorce attorney?

There are many lawyers who are capable of taking on any divorce case that comes their way. But, understanding the law is only part of the equation. It is also important to look for someone who has extensive experience in this area, someone who is committed to protecting your interests and someone who is committed to handling your case with compassion. I will do everything I can to help you achieve the most positive outcome in your case.

Contact Me With Your Questions About Divorce in Texas

You do not have to go through the divorce process alone. I am here to guide you through this sometimes complex process. Call 817-789-4436 or contact me online to schedule an initial consultation to discuss your impending divorce.

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