General FAQ’s
Generally, initial retainer fees are due in full. Please inquire with our office for more information regarding payment plans.
Meeting Preferences: In-Person or Remote We always prefer to meet with you face-to-face, but if that is not possible, we are more than willing to work with you remotely.
The price for services varies depending on the type of case. Please contact our office to schedule a consultation. Once the attorney has evaluated your situation, he can provide you with a quote for services.
We accept many types of payment, including cash and credit cards. You can pay over the phone, in person or online.
- Schedule a consultation
- During your initial consultation, he will ask for details regarding your case. The attorney will then provide you with a quote for services.
- If you decide to hire,we will begin with payment and open your file.
Our consultation fees vary based on type of case. Please call our office at (956) 300-2260 for more information regarding consultation fees.
The documents you’ll need to bring depend on the type of case. If you already have any paperwork related to your case, make sure to bring it. If you don’t have any documentation yet, there’s no need to worry. Contact our office, and we’ll gladly provide you with a list of recommendations.
Only the Attorney is authorized to provide a quote for legal services.
Criminal Law
An attorney can get you out on bail . Bail is the amount of money that must be paid in order for someone to be released from jail before their trial . The court decides how much bail will be and the number of conditions that may be applied, such as no contact with potential witnesses or surrendering your passport.
Crimes are generally broken down into two types: misdemeanors and felonies . Misdemeanors are criminal acts that carry punishments of less than one year in prison , fines, or both . Felonies are criminal acts that carry out punishments of more than one year in prison if convicted. Note : Punishments vary from state to state.
The first thing to do is not say anything . The police are trying to gather evidence against you , so do not offer any information about the crime. Once you have spoken with an attorney, they will be able to provide you more guidance on what your next steps should be when facing criminal charges .
The first thing you should do is speak to a criminal defense attorney. They will help guide you through the entire arrest process . An attorney can help you understand your rights and what your next steps should be.
Self-defense, defense of property, insanity , and duress are just a few examples of defenses for manslaughter charges . For example, if someone committed involuntary manslaughter after purposefully shooting their firearm in public and someone died as a result, they cannot claim self-defense because they purposely used the weapon and it was not self-defense.
There are two degrees for murder charges in Texas.
- The first degree, or capital offense , is when the accused intended to cause serious bodily injury that resulted in death or intended to commit a felony that resulted in death, while knowing that the act created a strong probability of death or serious bodily injury.
- The second degree, also known as the regular offense, is when the accused did not intend to kill someone and acted without thinking or planning.
There are four types of manslaughter:
- Voluntary – when someone voluntarily commits an act that results in death, this means they meant to cause serious bodily injury or knew it was practically certain to result in death.
- Involuntary – when someone commits an unlawful act that does not amount to a felony and is unintentionally the cause of death, this means they did not intend to kill someone.
- Criminally negligent – when someone fails to perceive a substantial and unjustifiable risk in their actions, resulting in death, this means they should have been aware of the risk but failed to act.
- Vehicular – when someone causes the death of another while driving a motor vehicle
A crime includes four elements:
- Conduct – the accused must engage in conduct that is voluntary and intentional, not accidental
- Actus reas (guilty act) – an external element of the crime that relates to conduct , and in most cases results in injury or loss . An act done by accident or mistake cannot be a crime .
- Mens rea (guilty mind) – an internal element of the crime that relates to the state of mind of the accused and will be either general intent or specific intent . Specific intent requires the prosecutor to prove that , when committing the actus reas, the defendant had premeditated malice in their heart. General intent only requires the prosecutor to prove that , when committing the actus reas, the defendant intended or was aware of their conduct .
- Concurrence – there must be a union between the actus reas and mens rea in order for someone to be convicted of a crime.
- Deterrence, which includes specific deterrence (punishment of the offender) and general deterrence (example to others).
- Retribution
- Incapacitation of dangerous offenders
- Rehabilitation of offenders
- Restoration of victims (or the community)
- Attainment of uniformity in sentencing .
- In some societies, there is also a religious aspect to punishment.
- Inchoate offenses – Attempt , conspiracy , and solicitation
- Crimes against the person – Murder , manslaughter , rape, assault
- Crimes against property – Burglary , robbery , arson, theft
- Crimes against society – Disorderly conduct , drug offenses, prostitution
- Crimes against the state – Treason , espionage , sedition
- Regulatory offenses – Railroad safety, environmental protection, endangered species
There are four main types of criminal law:
- Common Law – Criminal laws passed by legislatures , as opposed to those created at the appellate level by judges . In this context, common law means a body of case law predating the United States Constitution and statutory laws which prosecutors, defense attorneys, and trial judges draw upon in determining how a defendant should be sentenced and what criminal laws apply.
- Statutory Law – Criminal laws passed by legislatures . Only those statutes that specifically define crimes and set out the punishment for committing them are considered to be “criminal law”. Most court systems have hierarchies of common law which are cited as binding precedents , but there are several issues, such as the constitutionality of a law, that appellate courts generally consider to be questions of “law” which they are empowered to decide regardless of what previous cases there may be on point. Thus, every crime has at least one codified version in a statute .
- Regulatory Law – Criminal laws passed by legislatures , as opposed to those created at the appellate level by judges . Only those statutes that specifically define crimes and set out the punishment for committing them are considered to be “criminal law”. Most court systems have hierarchies of common law which are cited as binding precedents , but there are several issues, such as the constitutionality of a law, that appellate courts generally consider to be questions of “law” which they are empowered to decide regardless of what previous cases there may be on point. Thus, every crime has at least one codified version in a statute .
- Administrative Law – Criminal laws passed by legislatures , as opposed to those created at the appellate level by judges . Only those statutes that specifically define crimes and set out the punishment for committing them are considered to be “criminal law”. Most court systems have hierarchies of common law which are cited as binding precedents , but there are several issues, such as the constitutionality of a law, that appellate courts generally consider to be questions of “law” which they are empowered to decide regardless of what previous cases there may be on point. Thus, every crime has at least one codified version in a statute .
A crime is a legal wrong: an act punishable by law. The term crime refers to both the act and the legal status of the person doing it . Crimes can be either felonies or misdemeanors, depending on how much punishment they carry with them.
A common law crime is conduct that constitutes an offense , the punishment for which is not provided for by statute, but rather at common law. This means that it’s recognized as criminal because of some action damaging society in general . It has been around since before the United States was founded.
In a strict liability offense, the prosecutor only needs to prove that the defendant committed the prohibited act. The intent behind committing it is irrelevant. In other words , even if the accused had no criminal intent when he engaged in the prohibited conduct , he may still be held accountable for their actions .
An affirmative defense is when there is evidence to show that the accused did not commit the crime. For example , if John was charged with manslaughter, he could claim that he did not shoot the gun. If there is evidence to prove that John did not shoot the gun , then an affirmative defense has been made.
Inchoate offenses , such as attempt, conspiracy and solicitation, occur when someone begins to commit an offense but doesn’t complete all the elements. Although these crimes can be charged along with completed crimes , they also stand alone and will suffice for punishing someone whose crime was incomplete .
Criminal Law is a body of law that punishes public wrongs or crimes by imposing punishment on those who perpetrate the crime. The word “crime” in this sense means a violation of a law written and passed by a government, as distinct from a moral wrong. Criminal laws vary widely between jurisdictions, but typically outlaw dangerous conduct (like murder), prohibit the use of certain drugs, and provide for sentences proportionate to the severity of the offense.
Criminal law is distinguished from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment (though civil remedies are often available in criminal courts). However, some acts like theft or arson may be both crimes and civil offenses depending on the nature of the case.
Manslaughter is defined as an unlawful killing with malice aforethought that does not constitute murder because there is no intention to kill .
Murder is the unlawful killing of another person with malice aforethought.
Misdemeanors are criminal acts that carry punishments of less than one year in prison , fines, or both . Felonies are criminal acts that carry out punishments of more than one year in prison if convicted. Note : Punishments vary from state to state.
A criminal defense attorney in Texas should do their best to defend you against the charges. They are supposed to make sure your rights are protected while defending you. They are supposed to educate you on the charges against you. They are supposed to adequately prepare their case before going to court . Lastly , they should always communicate with you about your trial and keep you informed.
If an arrest has been made, the prosecutor must present to a grand jury (a group of citizens who review cases and make decisions about them) to try and obtain an indictment . An indictment is when a grand jury formally charges someone with a crime . If you are indicted, this means there is probable cause that you committed the crime and it will move forward.
Family Law
Any family member or family lawyer can file a family law issue such as child custody with the family court if a family member refuses to pay child support.
The family court can issue various enforcement methods, from garnishing an income tax refund to seizing property or family assets. A family lawyer can petition family court for the family law issues including child support and help you obtain an enforceable family court order.
Filing family law issues such as family law child support in family court can be complicated. If you are having family problems, contact a family lawyer before filing family law issues such as family law child support.
Birth mothers are family law issues involving family court. Generally, the family court will defer to the wishes of a pregnant woman or birth mother who is considering adoption. You can hire family lawyers to help you through this process.
In most family law cases, family lawyers can help family members petition family court for child custody or visitation rights.
A family court will determine the legal father of a child born to an unmarried couple if either spouse petitions for paternity in family court.
Establishing paternity means determining the legal father of a child. Establishing paternity means determining the legal father of a child. The family court may order genetic tests to determine if someone is the legal father of a child or children. Genetic tests are usually performed by swabbing the inside of each person’s cheek. The samples are then sent to the lab for analysis. If paternity is established, family law attorneys can help family members petition family court for child custody or visitation rights.
Texas family law courts often order child support based on a family’s income and the amount of time each parent spends with the children.
Family Law attorneys are skilled in family law issues and will be able to help you through your family law case. The family court system can be very complicated, but family lawyers are familiar with family law issues and family court procedures that you might not know about or could easily get wrong.
Every family law attorney has handled grandparent visitation cases in family court, because family law is practiced in family courts.
Family Law attorneys can help petition family members who may not be able to see their grandchildren due to a family court order or family issues that require family law attention. Since family law is practiced in family courts, family lawyers are familiar with family court proceedings and judges who hear family cases.
Many grandparents feel they should have the right to see their grandchildren when parents divorce or pass away. However, unless there is a specific order in place to grant visitation, family members will not be able to see the child. Family law attorneys may help family members petition family court for visitation rights with their grandchildren.
Every family law attorney has handled adoptions in family court, because adoptions are family law issues. The family court may have to determine if the petitioning family members are suitable adoptive parents or grandparents can adopt a grandchild. The family court must also decide what contact the biological family will have with the adopted child.
Every family law attorney has handled child custody cases in family court, because family law is practiced in family courts.
A family court will usually award parental rights to one parent if the parents are not married or in a civil union. This is known as sole custody where the child lives with one parent and visits the other parent on certain days.
A family court may also award parental rights to both parents, known as joint custody, where the child lives with each parent for a certain amount of time. Family courts generally order shared custody when the family is able to cooperate with each other.
Family Law attorneys are skilled in family law issues and will be able to help you through your family law case. The family court system can be very complicated, but family lawyers are familiar with family law issues and family court procedures that you might not know about or could easily get wrong.
Every family law attorney has handled child support cases in family court, because family law is practiced in family courts.
Child support amounts are based on the family’s income and how much time each parent spends with the children. Child support may be ordered as part of a divorce case or through separate family court proceedings where one spouse petitions for child support.
Family law attorneys can help you understand family court procedures or family issues that require family law attention. Since family law is practiced in family courts, family lawyers are familiar with family court proceedings and judges who hear family cases.
Every family law attorney has handled divorce cases in family court, because family law is practiced in family courts.
A family court will order a divorce if either spouse petitions for a no-fault or fault ground such as living separate and apart for at least one year or adultery.
A family law attorney can help you understand family court procedures and how they affect your family. As family law is practiced in family courts family lawyers are familiar with family court proceedings and judges who hear family cases.
Every family law attorney has handled grandparent visitation cases in family court, because family law is practiced in family courts.
Family Law attorneys can help family members understand family court procedures or family issues that require family law attention. Since family law is practiced in family courts, family lawyers are familiar with family court proceedings and judges who hear family cases.
Many grandparents feel they should have the right to see their grandchildren when parents divorce or pass away. However, unless there is a specific order in place to grant visitation, family members will not be able to see the child. Family law attorneys may help family members petition family court for visitation rights with their grandchildren.
Every family law attorney has handled paternity cases in family court, because family law is practiced in family courts.
Family Law attorneys often assist mothers to establish paternity for their children. Establishing paternity means determining the legal father of a child.
A family court may order genetic tests to determine if someone is the legal father of a child or children. Genetic tests are usually performed by swabbing the inside of each person’s cheek. The samples are then sent to the lab for analysis. If paternity is established, family law attorneys can help family members petition family court for child custody or visitation rights.
The family court has the authority to modify a child support amount in family law cases, if it finds there has been a material change in circumstances.
An income decrease of at least 15% is considered a sufficient reason for family law attorneys to petition family court for a reduction or increase of child support amounts. A family lawyer can help you obtain the family court order for child support you need.
A family law attorney can also petition family court to lower your child support payments if you are experiencing financial hardship.
Family Law cases can be very complicated. There are generally six family law categories that may apply to your family: spousal support, child custody and visitation rights, child support, divorce, and adoption.
- Spousal support is known as alimony in some states. Alimony is financial support meant to maintain the status quo of the family while one spouse goes through school or trains for a new career.
- Child custody and visitation rights ensure that both parents get to spend time with their children even after divorce or separation. Child custody may be joint, where both parents have equal parenting rights, or sole where one parent is designated the primary caretaker. In many cases, family law attorneys will get a family court judge to order supervised visitation at least until a family has had time to adjust from their separation.
- Child support is money that one person pays another for expenses related to a child. Child support is based on the family’s income and the amount of time each parent spends with the child.
- Divorce is the official end of a marriage and family court issues such as child custody, visitation and support must be decided during divorce proceedings.
- Adoption is a family law issue where parents petition the family court to let them legally adopt a child who is not their biological child. The family court will consider the best interest of the child and may even interview prospective family members.
- Paternity cases involves family law issues such as establishing a father’s paternity rights and responsibilities.
- Grandparents rights involves family law issues where grandparents want to spend time with their grandchildren.
Family law is a broad legal practice field that involves making decisions on family issues. The family unit may include spouses, domestic partnerships, relatives by blood or marriage and even family members who are not related by blood or marriage.
Family Law cases can be complicated and family law attorneys have special training to guide you through the process. The family court system is very different from civil or criminal courts. Even family lawyers may have a difficult time figuring out how family law works.
Parents, legal guardians and family members with an interest in the child’s welfare can petition a family law issues such as child custody to the family court. If parents have joint custody of a child, then either parent can file for child custody.
Texas family law allows family members to petition the family court if they feel another family member is unfit to care for a child.
The family court may also determine an unfit parent and award parental rights and responsibilities to the other parent, without either first- or second-parent adoption.
A family must first be separated before family law issues such as child custody can be filed in family court.
A family law attorney can guide you through the family court process and make sure your voice is heard. It may seem easier to do certain parts of the case on your own, but hiring an experienced family lawyer will help you avoid common family law pitfalls.
Federal Criminal Law
At a federal level, any crimes involving the smuggling of aliens into the United States can be separated into two main categories: alien smuggling and harboring of aliens. Both of these types of activity typically involve unique and unusual issues. Helping, transporting, and sheltering any person who is in the country without prior authorization is guilty of a federal crime – that is what the law says. A federal criminal defense attorney would understand this and be prepared to defend a client accused of such actions.
The act of alien smuggling can be complicated by several different issues. If the act was for financial profit and/or resulted in the serious injury or death of the alien, the punishment is much greater. Only an experienced federal criminal defense lawyer from Brownsville can work with the accused party to be sure that all evidence is brought forth to render a verdict for that client.
If facing alien smuggling charges, call the law offices of Reynaldo Garza, III at (956) 300-2260. You will find experienced Brownsville federal criminal defense attorneys who can help in the defense of your case!
If you have been accused of bribery or extortion, it is important to have an experienced federal criminal defense lawyer from Brownsville TX to handle your case, especially if the case involves a government official or corporate officer accused of anything from receiving private payment or kickbacks to offering something to have a federal violation ignored.
Often considered a white collar crime, defense of such charges requires an attorney experienced in federal criminal defense who can seek a good remedy for the represented client. Reynaldo Garza, III has that necessary desire and experience to successfully defend his clients.
Call the law offices of Reynaldo Garza, III at (956) 300-2260 if you are facing federal bribery or extortion charges!
When an individual is charged with child pornography or other sex-related crimes, it is frequently handled at a federal court level because the internet is very often involved. The handling of any cyber crimes defense must be done by a federal criminal defense lawyer who is experienced in dealing with crimes against children.
Punishment for such crimes is often quite severe, which again requires a federal criminal defense lawyer who has handled such cases and knows how to obtain the best results. It is imperative to seek legal advice as early as possible when facing such charges.
Reynaldo Garza, III can handle such cases as experienced federal criminal defense attorneys in Brownsville TX. Call (956) 300-2260 for help with your case!
When facing any sort of drug-related charges, it is imperative to retain the services of an experienced federal criminal defense attorney before any appearance in federal court. There are so many possible areas of prosecution – cultivation, distribution, manufacturing, possession for self and for sale, trafficking, and prescription fraud – only an attorney who has handled such cases will understand the laws regarding this and how a federal drug crime case should be handled.
Drug-related offenses are viewed by the federal justice system as being directly related to violent crimes and as such, are taken very seriously in federal courts of law. Serious charges such as these require the first-hand experience of a federal criminal defense attorney in Brownsville – don’t face these charges alone!
Reynaldo Garza, III has the experience and knowledge gained by their work as federal criminal defense lawyers to help defend your drug crime case. Call (956) 300-2260 and set up an appointment today!
An individual who has been charged with some type of federal firearms or weapons offense may involve the use, possession, distribution, or sale of guns or other deadly weapons as evidenced by acts such as straw purchases of guns, weapons smuggling, and possession of firearms involving the commission of a felony.
The repercussions and penalties for such acts can be serious – and the only way to face such charges is with the help of a federal criminal defense attorney in Brownsville who is familiar with the laws, charges, and possible penalties for such actions.
Reynaldo Garza, III are federal criminal defense lawyers located in Brownsville TX who are familiar with such cases and ready to represent you against any firearms offenses. Call (956) 300-2260 and set up an appointment to speak with them today about your case!
The act of illegal reentry involves returning to the United States without prior approval from the government after that person has been excluded, deported, or removed as well as when admission has been denied. These are considered federal crimes and a felony – which means that the services of an accomplished federal criminal defense lawyer who has handled this particular immigration issue is vitally important to a successful outcome for the accused individual.
Born and raised in the Rio Grande Valley, Reynaldo Garza, III is an experienced federal criminal defense attorney from Brownsville and very familiar with the occurrence and results of illegal re-entry into the United States.
Call Reynaldo Garza, III at (956) 300-2260 and let them help when you face such charges!
Money laundering involves an illegal transaction with money; however, it actually describes many different federal crimes. It can include failure to report cash transactions of more than $10,000 as well as cash smuggling offenses. The results of such federal crime cases can involve forfeiture of the cash or any other proceeds of illegal activity. The advice of a federal criminal defense lawyer is to not engage in any activity that could be considered money laundering.
If you find yourself charged with the federal crime of money laundering, promptly contact an experienced federal criminal defense attorney from Brownsville TX to handle your case with hopefully a successful outcome in federal court.
Call Reynaldo Garza, III at (956) 300-2260 to set up an appointment – find the help you need today!
Medical Law
The birth of a child should be a joyous occasion for parents as they welcome a new life into their family and into the world. Unfortunately, negligence during the birthing process can cause serious injuries to newborn babies that may affect them for rest of their lives.
Mistakes such as injury during the birthing process, umbilical cord injury, and other types of birth trauma that resulted in anoxia, hypoxia, asphyxia, nerve injury, and bone injuries can prevent normal infant development. They can even lead to devastating conditions like infant brain damage, dashing parents’ hopes that their baby will ever lead a normal life like other children.
No matter what type of injury may occur, parents of injured newborns have the legal right to hold those involved responsible in cases of negligence. In these instances, the assistance of a legal team that understands the significance of medical mistakes during the birthing process is essential.
The attorneys at Reynaldo Garza, III will fight for parents dealing with cases of birth injury negligence to achieve the most successful outcome.
Consult with Reynaldo Garza, III today about birth injury malpractice in Brownsville and the entire South Texas area by calling our office today!
Personal Injury Law
It is possible to handle a personal injury claim independently, especially for minor injuries. However, if your injuries are severe or the case involves complex issues, insurance companies, or large settlements, hiring a personal injury lawyer can ensure you receive the compensation you deserve and protect you from being taken advantage of.
In most cases, employees injured at work are covered by workers’ compensation and cannot sue their employer. However, there are exceptions, such as when a third party is involved, or if the employer intentionally caused harm. A personal injury lawyer can advise you on the options available in your specific situation.
While you can file a claim on your own, hiring a personal injury lawyer can be highly beneficial. A lawyer has the expertise to handle negotiations with insurance companies, gather necessary evidence, and advocate for your best interests, often resulting in a higher settlement.
Meeting Preferences: In-Person or Remote We always prefer to meet with you face-to-face, but if that is not possible, we are more than willing to work with you remotely.
Pain and suffering damages are non-economic damages that are challenging to quantify. Courts may consider factors like the extent of your injuries, the impact on your daily life, and the degree of emotional distress. Lawyers may use a multiplier based on your economic damages or consult expert witnesses to help estimate these damages.
We accept many types of payment, including cash and credit cards. You can pay over the phone, in person or online.
The time limit to file a personal injury claim, known as the statute of limitations, varies by state and type of case. Generally, the statute of limitations for personal injury cases is between one to three years from the date of injury. It is important to consult a personal injury lawyer as soon as possible to ensure your claim is filed within the legal timeframe.
The timeline for a personal injury case can vary widely depending on factors like the complexity of the case, the severity of the injuries, and the willingness of the insurance company to negotiate. Some cases may be resolved in a few months, while others can take years if they proceed to trial.
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case or reach a settlement. Typically, the lawyer’s fee is a percentage of the final compensation. This structure allows injured individuals to seek legal representation without upfront costs.
In some states, you may still be able to recover damages even if you were partially at fault. The amount you can recover may be reduced by your percentage of fault under comparative negligence laws. It’s important to discuss this with a personal injury attorney, who can help determine your potential compensation.
A personal injury case is a legal dispute that arises when someone suffers harm due to another person’s or entity’s negligence or intentional act. The injured party, known as the plaintiff, may be entitled to compensation for their injuries and related expenses.
A wrongful death claim is a type of personal injury case filed on behalf of a deceased person who died due to someone else’s negligence or intentional act. Family members or representatives of the deceased can file this claim to seek compensation for their loss, including funeral expenses, lost income, and emotional suffering.
Bring any documentation related to the accident or injury, such as medical records, police or incident reports, witness contact information, photographs, insurance information, and any correspondence with insurance adjusters. This information will help the lawyer assess your case and provide accurate guidance.
The documents you’ll need to bring depend on the type of case. If you already have any paperwork related to your case, make sure to bring it. If you don’t have any documentation yet, there’s no need to worry. Contact our office, and we’ll gladly provide you with a list of recommendations.
After an accident, prioritize your health by seeking medical attention, even if injuries seem minor. Report the incident if applicable (e.g., to the police or employer), gather evidence if possible (photos, witness information), and avoid making statements to insurance adjusters until you’ve consulted with a lawyer. Contact a personal injury attorney to discuss your case as soon as possible.
Personal injury cases include a wide range of incidents, such as car and truck accidents, workplace injuries, slip and fall accidents, motorcycle crashes, product liability cases, and wrongful death claims. Any situation where an individual is harmed due to someone else’s negligence or intentional conduct can be a personal injury case.
Victims in personal injury cases may be eligible to receive compensation for medical expenses, lost wages, pain and suffering, property damage, emotional distress, and, in some cases, punitive damages. The specific compensation available depends on the details of the case and the severity of the injuries.
Many personal injury cases are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, the case may go to trial. An experienced personal injury lawyer can advise you on whether a trial is likely or in your best interest.
Divorce Law
The law requires assets be divided in a manner that is “fair and equitable” to both parties. Fair and equitable” doesn’t always mean 50/50 and there are factors that can lead to one spouse getting a disproportionate award of assets. For instance, such an award may occur when one spouse has less economic opportunity, is responsible for the children, or when a spouse has engaged in bad conduct such as the wasting of assets.
If you and your spouse are in conflict over your property or your children, then you probably need a lawyer. While you always have the right to represent yourself, there are laws and procedures that may hinder your presentation and disadvantage you.
In fact, most divorce cases don’t end in a final trial. Cases often resolve by agreement.& Collaborative divorce and mediation are both highly effective ways to resolve divorce disputes without trial.
Because you can get a divorce in Texas with only a 60-day waiting period, Texas does not have legal separation.
When all matters regarding division of marital assets and debts, as well as child custody issues are agreed, you may present your divorce decree for entry on the first day following expiration of the mandatory 60-day waiting period which runs from the date you filed your divorce petition.
A divorce is a lawsuit like any other civil suit and the responding party is entitled to proper legal notice of the case. Ordinarily, such notice occurs when the responding party is personally served with court papers. If a spouse is missing, however, the court may authorize “substituted service” of the papers by leaving the papers with another occupant of the residence, issuing a citation by publication in a newspaper, or even service through social media.
Texas divorces require a 60-day waiting period prior to finalization. So, if you have an agreed divorce decree, signed by both parties, you’re good to go. Things are not always that easy, however, and some divorces can take up to several years to finalize.
You’re either divorced or you’re not. No matter how long you’ve been separated, you are legally married to your spouse and it is important you have a divorce decree to protect your marital assets from a long-lost spouse.
Every family law court charges a filing fee that varies slightly from county to county. Depending on the documents you are filing, such as a petition for divorce with a temporary restraining order, fees run between $300.00 and $500.00.
Pricing for a divorce lawyer in Fort Worth varies widely, ranging from a few hundred dollars to thousands of dollars. You will typically see new lawyers or lawyers running a high-volume, low contact practice charging less while Board-Certified Family Lawyers and practices catering to wealthy clients charging more.
Pricing for a divorce lawyer in Texas varies widely, ranging from a few hundred dollars to thousands of dollars. You will typically see new lawyers or lawyers running a high-volume, low contact practice charging less while Board-Certified Family Lawyers and other practices catering to wealthy clients charging more.
You’ll remember the outcome of your divorce long after the expense of a lawyer is forgotten. In other words, don’t fool yourself into thinking you’re saving money on your divorce only to discover later your mistakes have cost you dearly. If you have no assets and no children, you could consider downloading forms and trying to get through the divorce yourself. Otherwise, hiring a lawyer makes sense.
Divorce is both an emotional and legal process. Good lawyers know the law but are also sensitive to the emotional impact of divorce. The end of a relationship typically flows through these stages: denial; anger; bargaining; depression and acceptance.
To file for divorce in Texas, you must have lived in the State for the preceding six-months and your county of residence for the preceding 90-days. Otherwise, either spouse may file for divorce if the marriage has become “insupportable.”
During a divorce, you should not sell or hide marital assets and limit your spending to your reasonable and necessary living expenses, business expenses and legal fees. This in not the time to make a big purchase. As for your children, you should not hide them from the other parent, disrupt their normal routine, withdraw them from school, or disparage the other parent to the kids. And a final word to the wise… do not smoke a joint or eat a gummy to reduce your stress. A failed drug test in court is a problem!
The best lawyer is a combination of legal knowledge and practical sense and can help you identify the key issues in your case, set priorities, assess outcomes and fight for your interests throughout your divorce.
A final decree of divorce will award marital assets to each spouse, or in some instances, the decree may order a marital asset to be sold, and the proceeds divided between spouses. If a spouse has a retirement through a federally qualified plan, the retirement will also be divided. In rare instances, a spouse may be awarded rehabilitative spousal maintenance. If child support was ordered, such payments should be withheld from the paying spouses wages beginning a few weeks after the decree and other documents are entered in court.
Consider your personal safety and the safety of your children. Think about a safe place where you and the kids can stay if you fear there will be any type of domestic violence. Also, take all important documents, including digital files, and store them in a safe place. You may also consider taking funds necessary for your basic needs from a joint account.
When both parties are represented by lawyers, judges tend to only ask questions for clarification of certain facts when the testimony is unclear. Beware, however, if you’re telling a wild story or being unruly, a divorce court judge may come at you with some sharp questions!
