Divorce Lawyer in Round Rock, Texas

Helping clients in Round Rock and throughout Williamson County with the divorce process.
The Law Office of Jay D. Smith in Round Rock, Texas, routinely handles Williamson County divorce cases. If you are facing a divorce, we know you need compassionate, personalized representation tailored to your specific concerns. Whether your case is simple or complex, we have the expertise to vigorously represent your interests, and we are committed to clearly explaining each step of the process so you can make intelligent decisions for your family and financial needs.

The Divorce Process

At the Law Office of Jay D. Smith, we translate difficult legal concepts and procedure into terms our clients can easily understand. Our goal is to make the legal process “user-friendly” so our clients can truly make informed decisions about the things that are most important to them. We strive to ensure every client knows what to expect as their case progresses.

At our first meeting we listen carefully to your unique story and personal objectives so we can explain how the law applies your specific circumstances. We thoroughly walk you through your options so you can choose the best strategy for protecting your family and finances.

In most divorces, the key issues fall into two, main categories:

  • Child Custody and Support Determinations
  • Asset Valuation and Division of Assets

The divorce process is ultimately designed to result in a final order resolving each of these issues. For a preview of the process, you can view our Divorce Process Flow Chart and FAQ page.

Austin divorce process

Consult with a Williamson County Divorce Attorney

Some people wonder whether it’s necessary to have an attorney represent them in a divorce. There are a variety of “DIY” forms available online, and that can give the impression a divorce isn’t all that complicated. Unfortunately, the availability of online forms is deceptive. Attorneys undergo years of training just to understand the basics of our legal system. From there they learn the nuances of a specific area of practice and it takes years to develop the skills necessary to provide competent representation. There are volumes of rules, statutes and cases that apply to divorce cases, including “simple” divorces. And perhaps the biggest hazard of DIY divorces is that mistakes are often discovered after it’s too late.

Hiring a lawyer doesn’t mean your case has to be contentious; most cases with lawyers involved settle out of court. A lawyer can anticipate problems before they arrive and make sure you avoid future litigation because of a simple but costly mistake.

Schedule a Consultation with a Board Certified Divorce Lawyer in Round Rock

If you’re ready to discuss your case with a Round Rock divorce lawyer, contact the Law Office of Jay D. Smith to schedule a consultation. Contact us here.

Why Choose Jay D. Smith to Represent You in Your Divorce Case?

Jay D. Smith is a Board Certified Family Law Specialist.  Learn more about why you should choose a lawyer who is Board Certified in Family Law.

Jay has devoted his practice to representing clients in Williamson County divorces, and he has extensive experience in all facets of divorce cases to draw upon. While some firms delegate work to less experienced attorneys or paralegals, Jay provides compassionate, attentive care for each client while personally handling every aspect of their case from beginning to end.

Common Issues in Divorce Cases

 

  • Complex property division
  • Asset tracing
  • Asset valuation
  • Division of retirement benefits
  • Collaboration with Business Evaluation Experts and CPAs
  • Asset receivership
  • Spousal Support (alimony)
  • Child Support
  • Child Custody (conservatorship, possession and access)
  • Mediation
  • Arbitration
  • Informal settlement agreements

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Uncontested Divorce

Uncontested Austin divorce
Fortunately, the vast majority of divorce cases do not end up in court. Most couples either agree to the terms of their divorce on their own, or reach a settlement through a process called mediation. An uncontested divorce saves time and money, and reduces much of the emotional strain. It’s important to have a family law attorney guide you through this process to help you avoid common mistakes people make when they try to represent themselves, and to draft the legal documents necessary to finalize your divorce. As a cautionary note, the law does not allow one attorney to represent both parties for a divorce, and the divorce lawyer only has legal duty to the one whom he or she represents. This means that if your spouse hires an attorney to draft the paperwork, it’s still advisable for you to hire your own attorney to review any documents that you’ve been asked to sign.

Common Law Marriage

common law marriage in Austin
Texas law only recognizes the existence of a common law marriage if a couple’s circumstances meet a specific legal test contained in the Texas Family Code.  A couple is not common law married just because they’ve lived together for a long time.  In fact, common law marriage is relatively uncommon.   However, whether or not you are married can have a dramatic effect on what happens to the property and debt you’ve accumulated during your relationship, so if you think you might be married at the time you separate from your partner, you should have an attorney evaluate your specific living arrangement to see if it meets the legal test that establishes a marriage.

Spousal Support

Spousal Support Austin Divorce Lawyer
What many people call “alimony” is actually called “spousal maintenance” in Texas. Texas has fairly restrictive laws on when a judge can award spousal maintenance, and it also imposes a cap on the amount and duration for which this type of support can be ordered. In most cases, a person must have been married to his or her spouse for at least 10 years to even be eligible for spousal maintenance. If a party meets this standard, there are still many other factors that a judge must consider in deciding whether or not to award maintenance, such as each spouse’s educational background, income, and how much property there is to be divided.

After Divorce Support

final decree of divorce in Austin Texas
The most common type of post-divorce matter is enforcement of the Final Decree of Divorce.   A Final Decree includes all of the terms of the divorce, such as the property division, spousal maintenance, child custody and child support.  If one of the parties refuses to obey the Final Decree, the other can file a Petition to Enforce, asking the court to compel the other’s compliance.  Judges take violations of their orders very seriously, and disobeying an order often comes with severe penalties.  Other types of post-divorce matters include asking the court to clarify ambiguous orders, or to change clerical errors in the Decree.

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Get Help With Divorce

Need a divorce lawyer? If you are contemplating divorce, have decided to divorce or have questions about your future the Law Office of Jay D. Smith can help.