WHAT TO EXPECT

You should bring paperwork if your spouse has already filed for divorce and you have been served with notice of the suit. You should also be able to provide a general listing of the assets and liabilities of the marital estate.

You will be asked to provide a history of the marriage—the relevant facts and basic conflicts. If your spouse has not yet filed, what specific recent events have brought you to the office today?

The lawyer will take you through the steps in the divorce process, laying out, in its early stages, what appears to be the best course of action in your situation, discussing the likely length of the case, and reviewing “hot button” issues that may require expert testimony.

He or she will explain how a divorce proceeds from initial filing to obtaining a judge’s temporary orders on such matters as who is to live in the house, who will have primary custody of the children and child support. The third phase is discovery, which will include examining financial records and a variety of other possible evidence relevant to the issues in the divorce. The final phase is resolution, which may be reached through negotiation, mediation or, as a last resort, a trial.

Many clients bring a list of questions to ask the attorney.

Or you simply may ask whatever occurs to you at the time.

The lawyer will explain the fees and expenses involved in the process, the factors that will affect cost, and the expenses entailed in discovery. If there are unique legal issues, the cost of those must be estimated, as well.

Even if your spouse has earned and controlled all the family income throughout the marriage and you have little or no independent income, you are not helpless or destitute when it comes to hiring an attorney to represent you. Remember that Texas is a community property state, and the judge in your case will want you to resolve your case on a fairly even playing field. It may be possible to force your spouse who was the primary earner to pay your attorney’s expenses.