What Are The Top Misconceptions About Working With A Divorce Attorney?
One of the biggest misconceptions people have about working with a divorce attorney, is that people are worried if they hire an attorney they aren’t going to be able to ever reach him or her and will only be dealing with the staff or an assistant.
One common complaint is, “I never get to talk to the attorney until we have to go to court. It’s only right there when I actually get to speak with them or meet with them.”
Attorney Jason Cruz has seen it firsthand. However, with his practice he makes myself as available as possible for all of clients both via email and phone, and in person if they feel like they need to come in.
Most certainly he absolutely always makes time before getting to court to make sure that he and his client are on the same page.
That is one of the things that he sees a great deal from people that come in inquiring about retaining an attorney. Are you going to be the person that I’m dealing with? Are you going to be the person that is representing me in court? The answer is yes. He is the attorney that is going to be representing you in court. Attorney Cruz works very hard to maintain contact with his clients at all times, especially prior to or leading up to appearing in court.
What Are The Common Reasons That Lead Up To A Divorce In Texas?
There are two common reasons Attorney Jason Cruz finds that lead people to divorce. The first is where the parties are already separated and they’ve been living separate for some time. They are at the point where they want to finalize their separation, and get orders in place concerning visitation and access, or concerning the marital estate. That includes selling a house, splitting assets, splitting retirement accounts and splitting investments. Usually there’s a motivation to do that when one of the spouses is either not allowing the other to visit with the children, or one of the spouses has a greater control of the marital assets and the other spouse needs access.
The other common reason people are ready to divorce is when a spouse, usually a wife, is either a stay at home mom and does not have access to the marital income, or the estate, or the funds that are coming in. Because of the nature of the relationship they feel that they are either held hostage or trapped, because of either abuse, physical or emotional, and she needs to get out of the marriage.
That spouse will then usually seek help from an attorney to try and get temporary orders to address the funds and the estate because they need help to survive. A lot of times, the couple has been married a decade or so and perhaps the wife was a stay at home mom, and the husband has been the primary breadwinner. When the relationship goes sour a lot of times, the other spouse, often the husband, is not willing to grant access to funds so the other spouse needs to get a lawyer to file orders regarding the estate.
Is Self-Representation A Viable Option For A Divorce Proceeding In Texas?
Hiring competent legal counsel is important in all cases, but it certainly becomes even more critical when you are talking about parties that have been married for a good deal of time. Additionally this becomes important when you are also talking about parties that have children. In the State of Texas divorce is codified in the Texas Family Law and all rules are set out statutorily. You have to go in and read the statutes to figure out what the rules concerning divorce, custody, and child support are, as well as what they are concerning the division of property. In the real world it’s very difficult to follow all of the statutes and know what, how and when it applies.
In practice you may have read the family code forwards and backwards, but under the fire of trial someone who is not an attorney won’t know a thing to do. It becomes even worse if you are proceeding without an attorney and the other side has hired counsel. In that scenario it doesn’t matter how smart you are and how much you know about the law. The other attorney is going to eat you for lunch and take you to the cleaners.
Attorney Jason Cruz has never seen a scenario where a person who was pro se, or not represented by an attorney, went into court against an attorney on the other side and came out ahead. You almost always are going to be taken advantage of. This could be involving a child support order, a possession and access order for your child that is not going to be in conformity with the guidelines published under Texas law. It could also be like a division of the marital estate that’s not in conformity with what is provided for under Texas law as well. Although one’s first inclination is to be penny wise when it comes to spending on these matters, Attorney Jason Cruz’s experience is that when you hire a competent experienced attorney, the value is inherent and you will be very thankful at the end of the day that you did.
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