When you’re going through a tough divorce, seeking counsel from a divorce attorney may be one of the wisest decisions to make. At Scroggins Law Group, we understand that divorce proceedings can really take a toll on families. Even in the most amicable of divorces, spouses and their children may find it difficult to navigate life during and after the divorce. It’s our job to help our clients understand their rights and responsibilities during a divorce and to help them make smart decisions for their family.
Divorcing Your Spouse: Where to Start
Each state has different laws that govern divorce proceedings, so it’s nothing to be ashamed about if you feel confused about where to start. The process of filing for a divorce certainly isn’t easy for everyone, which is why it may be very beneficial to hire a divorce attorney Collin County TX has to offer.
In Texas, you can file for a divorce on the grounds that your spouse did something wrong — which is called a “fault” divorce — or you can file for divorce without stating a reason — which is called a “no fault” divorce. Grounds for a fault-based divorce may include adultery, abandonment, confinement in a mental institution, or cruel treatment. No-fault divorces in Texas are based on incompatibility. A divorce attorney in Collin County TX can help you determine if should file based on fault or no-fault based on your situation.
When you’re going through a divorce, the Collin County TX court will make a determination of what property is community and what is separate. Why is this important? Because the court can only divide the community property of the spouses. The court cannot divide a party’s separate property.
Generally, community property is any asset or debt that has been acquired by the parties during the marriage. Separate property is:
- Property that you acquired before marriage
- Gifts that you received either prior to or during the marriage, whether from your spouse or someone else
- Assets that you received through inheritance
- Monies received from a personal injury settlement or judgment for pain and suffering
- Property identified as separate in a prenuptial agreement that withstands a challenge to its validity in court
Avoid mixing marital property with separate property.
One key tip is not to comingle separate property with community property. For example, if you deposit your paycheck into an account that only maintains the monies you received from inheritance, you may create comingling problems. If a court makes a determination that the funds in an account are so hopelessly comingled such that it cannot determine what portion of the funds are separate and community, it can decide that the funds community. If you’re at all unsure, a lawyer can explain how to keep your property separate.
If you’re trying to protect your premarital property during a divorce and you have questions about how to do so, you can speak with a divorce lawyer right now by calling or emailing Scroggins Law Group.
When to Hire a Divorce Lawyer
While you do not have to hire an attorney to file for divorce, trying to navigate the waters of divorce without the help of a divorce attorney Collin County TX families trust is not recommended. Even spouses who are willing to negotiate with each other often don’t understand the intricacies of property division or the necessary language to include in parenting plans. In situations that are more adversarial, a lawyer will advocate for the best interests of their client. If you and your spouse cannot agree on each and every detail concerning your children or how to divide your community property, it’s advisable to hire a Collin County divorce attorney to protect your rights.
Divorce Law FAQ: Tips for Divorce Court
If you do end up going to court, preparing for these proceedings can be incredibly stressful. You might be scared about saying the wrong things or worried that your spouse might try to trick you. While divorce court can definitely be nerve-wracking, knowing what to say and do can make everything a little easier.
- Dress to Impress: Dress for the courtroom like you would for a job interview or at least business casual.
- Don’t Be Hostile Toward Your Spouse’s Lawyer: While your spouse’s attorney probably isn’t your favorite person, you shouldn’t display hostility toward him or her. Such displays can negatively impact a judge or jury.
- Be Careful of Your Body Language: It can be very frustrating if your spouse misrepresents facts while on the stand. However, you should resist the urge to rolls your eyes, sigh or say things under your breath. Judges and juries notice these things and will not be impressed by your behavior. Your attorney will have the opportunity to cross-examine your spouse about their statements.
- Answer the question that is asked: Listen to the question that is asked by your attorney or the other party’s attorney and answer that question. Do not try to get in additional information. Your attorney will have the opportunity to ask follow up questions as necessary.
These tips are just a few common suggestions that divorce attorneys often give their clients. It’s important to remember that each case is unique and that a qualified divorce lawyer should be able to prepare you well for any courtroom proceedings.
Scroggins Law Group: A Divorce Attorney Collin County TX Families Depend On
Divorce can be a complicated and stressful matter. Whether you and your spouse are on amicable terms or whether you anticipate a messy divorce, you may benefit from hiring legal representation. At Scroggins Law Group, it’s our goal to help families navigate complex family litigation issues while providing compassionate and dependable counsel. Even though getting a divorce can be a very personal matter, you certainly don’t have to go through it on your own.
To set up a consultation with a divorce attorney Collin County TX residents trust, contact Scroggins Law Group today.