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Legal ProfessionALS

Though 'Family Law' is the predominant practice associated with the divorce process, we understand that some divorces can be complex and may require the services of attorneys from different specializations. As a member of The National Association Of Divorce Professionals, we have a cadre of attorneys with different specializations providing our clients the benefit of working with professionals whose focus and expertise is in that particular area of law. 

The following are different types of attorneys and other legal
professionals you may need
during divorce. 

FAMILY LAW ATTORNEY

The Family Law Attorney specializes in legal issues regarding family relationships such as divorce and child custody. The Family Law Attorney may also include probate, elder law, child support and paternity cases.

ELDER LAW ATTORNEY

An Elder Law Attorney specializes in the legal needs of seniors, which may stem from issues regarding health care, guardianship, finances, or will and estate planning. This practice of law is defined by the person being serviced and is not limited by a particular need. Anyone who is 'elderly' which is defined in Texas as anyone 65 or older. In many cases, a couple may have an elderly parent living with them. If the couple decides to get divorced, the elderly person’s living situation will need to be reassessed. An Elder Law Attorney can be hired to help with that reassessment to determine what would be the best next step for that elderly parent.

MEDIATOR

A Mediator is someone who specializes in assisting two parties in coming to an agreement on issues in a divorce. Unlike an Attorney, they do not represent any one party in the divorce. Although an Attorney may be certified and practice as a Mediator as well, if they are hired as a Mediator for a case they must act as a neutral third party that serves as a “go-between” for the two individuals.

REAL ESTATE ATTORNEY

A Real Estate Attorney specializes in all legal matters concerning property, from transactions to disputes. They work with any real estate related documents that need to be processed such as purchase agreements, mortgages, titles, and transfers. They advise clients regarding legal issues they might encounter and may also be involved in real estate closings.

WILL & ESTATE PLANNING ATTORNEY

The Will & Estate Planning Attorney specializes in drafting and implementing legal documents such as wills and trusts. A Will & Estate Planning Attorney can assist a divorcing couple if they created estate planning documents while married and need to change them. For example, if they had named each other as beneficiaries in their wills.

TAX ATTORNEY

A Tax Attorney is one who specializes in federal, state, and municipal tax laws as they pertain to income, real estate transfers, material and intellectual property acquisitions, and business transactions. There are several documents related to finances that need to be filled out during the divorce process. Tax attorneys will often help with those.

PRIVATE INVESTIGATOR

A Private Investigator carries out investigations for private clients. The investigations they perform include undercover operations, surveillance, interviews, research, and documenting and reporting findings. A Private Investigator can be hired during or prior to a divorce for several reasons. For example, a Private Investigator can assist an individual that suspects or wants to prove their spouse’s infidelity or to locate assets they suspect the other is illegally hiding. Private Investigators go through separate licensing exams and meet special requirements to practice legally in the State of Texas.

BUSINESS / CORPORATE ATTORNEY

A Business/Corporate Attorney is one who specializes in issues that affect businesses and corporations such as intellectual property and taxation, shareholders’ rights, operation agreements, articles of incorporation, and the public listing or delisting of companies. A Business Attorney can help in the divorce process if one or both of the spouses owns a business, either separately or together.

BANKRUPTCY ATTORNEY

A Bankruptcy Attorney specializes in the bankruptcy process, which is the process by which an individual or business in financial distress can arrange to eliminate most existing debt or pay a portion of it. A Bankruptcy Attorney has knowledge regarding the different kinds of bankruptcies that exist, what documents need to be filed with the court, and issues that arise with creditors, which allow them to successfully represent or assist an individual working to process a legal bankruptcy. If one of the spouses aren’t able to afford the divorce and pay all related costs, either during or after, for example, then a Bankruptcy Attorney can help.

PERSONAL INJURY ATTORNEY

A Personal Injury Attorney specializes in helping those injured as the result of negligence to recover money after an injury or wrongful death. In divorce cases, when one or both spouses have an existing personal injury claim, the asset is relevant for purposes of division of property and spousal support.

IMMIGRATION ATTORNEY

Immigration Attorneys specialize in assisting an individual in becoming a citizen of a country as well as defending them from being deported. They also give advice regarding an individual’s ability to obtain a work visa or student visa in another country. An Immigration Attorney may enter the process when one or both of the spouses is foreign-born and they are unable to get their green card because the marriage ended before the needed time frame.

CRIMINAL ATTORNEY

The Criminal Law Attorney specializes in legal issues concerning individuals or companies accused of criminal activity. A Criminal Law Attorney becomes involved in the divorce process when there is a case of domestic violence, child abuse, or when one of the spouses commits any other type of crime either before or during the divorce process.

 

ADOPTION ATTORNEY

Adoption Attorneys specialize in helping an individual or couple adopt a child. An Adoption Attorney can be brought into the process if the couple has just recently adopted a child, for example, and they are now getting a divorce.

REPRODUCTIVE LAW ATTORNEY

A Reproductive Attorney specializes in assisting those seeking to have children either through surrogacy, egg donation, embryo donation, sperm donation, or a co-parenting adoption. A Reproductive Attorney would be needed, for example, in the case that the divorcing couple had previously cryopreserved embryos and needs to know what to do with them or if the couple is divorcing due to infertility issues.

SURROGACY ATTORNEY

Surrogacy Attorney: one who specializes in assisting individuals in processing a surrogacy. They are a necessary part of completing a successful surrogacy and work to protect the rights and interests of all parties involved as well as establish parental rights for the intended parents of the child to be born via surrogacy. If a couple worked with a Surrogacy Attorney and started the surrogacy process but then decided to get divorced, the Surrogacy attorney will need to be called again in order to process that change, including establishing new parental rights.

APPELLATE ATTORNEY

An Appellate Attorney specializes in the process of appealing a judgment in either a civil or criminal case. In a divorce, one of the spouses may wish to appeal one or more decisions made by the court in the divorce decree and, thus, would require the assistance of an Appellate Attorney. Appellate Attorneys must have recommendations from judges and attorneys, have additional schooling and pass a 6-hour written exam to be admitted to practice in the Appellate system in the State of Texas. 

LEGAL DOCUMENT PREPARER

A Legal Document Preparer is a non-attorney professional that is certified to assist individuals with preparing and filing legal documents without the supervision of an Attorney, unlike a Paralegal that also prepares documentation but must do so under supervision. Although Legal Document Preparers may share some general legal information with their clients, they are not permitted to give any form of legal advice. Depending on the client’s needs, this could be a way for them to save money.

CIVIL LITIGATOR

In Texas, a Civil Litigator is an Attorney who specializes in arguing or disputing Civil cases on behalf of their clients from small claims to the District Courts or Circuit Civil Court, where two or more parties become involved in a legal dispute. In a divorce, one spouse may be a party in a pending civil litigation, which may have an impact on the divorce settlement.

GUARDIAN AD LITEM

A Guardian Ad Litem is appointed by the court to represent the best interests of the child, or children, in a court case. A Guardian Ad Litem can be appointed during a divorce case if there are children involved and there are concerns regarding child custody or child abuse and neglect.

PARENTING COORDINATOR

A Parenting Coordinator is specially trained in helping families resolve parenting issues that arise during the divorce process. These professionals can be chosen by the parents themselves or court-appointed to help parents improve communication and come to agreements regarding their parental responsibilities. 

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