Five Frequently Asked Questions About Divorce

Divorce is a complex legal process involving a detailed analysis of each spouse’s finances and an investigation into the history of each spouse’s behavior during the marriage. Most people enter the process with no idea what to expect. Even people who are getting divorced for the second time have questions about dividing assets, making decisions concerning child custody, and all the other decisions that go into divorce proceedings.

Listed below are five of the questions we hear most often from our clients.

Does the timing of my divorce filing matter?

It is not the day that you file for divorce that matters, but the timing of when your divorce is finalized. Newer tax laws mandate that divorced couples file separately in the year that their divorce is finalized. This means that even if a divorce is finalized in December, the IRS requires each spouse to file separately as if they had been divorced since Jan. 1. If you’re not prepared, this fact can have a huge impact on your taxes.

What is the difference between contested and uncontested divorce?

In an uncontested divorce, couples are able to agree on the division of assets, child support, custody and other issues. Uncontested divorces are generally less complicated, less expensive and move through divorce court more quickly than a contested divorce.

A contested divorce involves disagreement between spouses over the terms of the divorce. These disagreements over dividing assets often cause the divorce to drag on for months or even years. If the couple cannot come to an agreement, all issues surrounding finances and children are decided by a judge rather than the spouses.

Will my divorce go to trial?

Whether you go to trial depends on your ability to come to an agreement with your spouse over the terms of your divorce. Most divorces are settled out of court, sometimes on the day, the divorce trial is supposed to start. Going to trial is expensive and puts control of the decisions about children, assets and support into the hands of a judge. Your divorce will go to trial if you and your spouse can’t agree to terms, but we do everything we can to settle out of court.

How much will my divorce cost?

The cost of a divorce varies widely based on a number of factors. In general, the more combative the spouses are toward each other and the larger the size of marital assets, the higher the cost of the divorce. Amicable divorces where there are no children and the amount of marital property is relatively small are usually the most affordable.

Do I need a divorce lawyer?

When filing for divorce in Texas, the state does not require you to hire an attorney. However, divorce laws are very complicated, and you do not get any special treatment in the courtroom if you represent yourself. You will be expected to understand all courtroom procedures and have knowledge of Texas divorce law. Judges are not very patient with people who show up in court unprepared and uninformed. At a minimum, we recommend consulting with a lawyer before you file for divorce.

Contact The Divorce Lawyer At Sandoval Family Law, P.C.

If you have questions about the legal process of getting a divorce, set up an initial strategy session by calling 512-580-2449 or filling out our online contact form. We will be happy to assist you in Travis County and across Austin, TX.

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