As Austin family attorneys can tell you, some family cases can be settled between the parties in a fair and friendly way, without the need for legal counsel. This situation is the exception rather than the rule. In many cases, the stakes are too high for the matter to be resolved without the help of a family lawyer.
The most straightforward case is the uncontested divorce, according to Austin family attorneys. This means that you and your spouse agree to all key components of your divorce and do not need a judge to make a decision for both of you. For instance, you need to agree on how your marital assets will be divided. In addition, you can both agree about issues regarding your children such as visitation, child support, custody and parenting plans.
If you can’t agree on your own, it is possible to come to an agreement with the help of a mediator or a lawyer who offers mediation services. If you reach an agreement with the help of a mediator, it is a good idea to ask a lawyer to review the agreement and explain any potential concerns or consequences. If you still don’t agree following mediation, the remaining contested issues will need to be resolved in court through litigation. Austin Family Attorneys can represent your interests during litigation.
You may need to collect evidence in connection with your family law case. For example, you may need evidence to support the argument that you are the parent who is most capable of providing a stable home for your children. If you have a prenuptial agreement that gives you more favorable terms if your spouse is unfaithful, you will need to collect evidence of infidelity.
A lawyer may retain an investigator to help gather evidence. Additionally, a lawyer may request documents from the opposing counsel and take depositions of witnesses.
If your ex has retained a lawyer, you should consider hiring legal counsel to keep a level playing field. A lawyer can help to protect your interests during negotiations and litigation, say Austin family lawyers.
The stakes are particularly high in cases involving domestic violence; you and your children may need protection. In addition, you may feel pressure to accept certain demands and accept an unfair divorce agreement.
Austin Family Attorneys can express your wishes to the court and fight on your behalf to get you a fair divorce agreement. Depending on the circumstances, you may not need to appear in person when your abuser is in court. In addition, your lawyer can help you obtain an order of protection for you and your children.
There are many potential risk factors and pitfalls that could lead to an unfair divorce agreement. A lawyer can help you avoid many of these pitfalls and work on your behalf to ensure that you get a fair share of the marital assets and that the parenting plan works well for you and your children.
If you would like to speak with Austin family attorneys about your divorce case, please call Nunis & Associates at (512) 236-9696 to schedule an appointment.