Divorce in Texas comes with its unique set of challenges and complexities. Navigating through the legal intricacies and emotional turmoil requires a deep understanding of the laws. It also necessitates an awareness of the common missteps to avoid. In this article, we explore three critical divorce tips that are essential for anyone going through a divorce in Texas.
When a person decides to get a divorce from their spouse it is important for them to understand that while you can’t go back in time and change your prior actions, you are able to refrain from certain bad acts that can effect your case in a negative fashion.
While these bad acts certainly number more than you care to read, here are three that the divorce attorneys at The Law Office of Bryan Fagan, PLLC would especially warn you to guard against the following.
3 Things You Should Not Do in a Texas Divorce
1. Do Not Speak Negatively About Your Spouse in Front of the Kids
For starters- it’s not fair to your kids to speak badly about their mom or dad in front of them. They aren’t able to understand or relate to what you’re going through. Plus, they don’t want to hear negative things about one of their parents.
Kids want to be loved and cared for. Kids need consistency and stability at a time when their mom and dad are taking that away from them. Don’t make the situation worse by creating animosity between your child and the other parent.
On another level- once the case is underway and temporary orders are in place, a standard order is for parents to not use derogatory language regarding the other parent in front of the kid(s). Violating a court order is bad and has consequences. Don’t violate a court order.
2. Do Not Ignore the Advice of Counsel
Your divorce attorney is there as a sounding board for your ideas, concerns, and frustrations. We understand that and give the client a great amount of leeway in speaking their mind. After all, any case we work on belongs to the client, not us. That goes for any attorney at any law office working on any divorce.
That being said, a good attorney will not only tell you things you want to hear or that make you happy but will also inform you of aspects that may frustrate or even anger you somewhat. They do this to give you a full perspective on your case, enabling you to make an informed decision on any particular subject.
It’s easy to take the position of “My attorney is fighting harder for my spouse than he/she is for me” when you hear some advice that you may not like. The more difficult (but far more productive) position to take is to consider the advice, look at it from the other person’s vantage point (gasp!), and then decide whether to apply it to your case.
No matter how difficult or stubborn or impossible to do with your spouse is, the fact remains that most family law cases in Texas settle out of court prior to trial. This is due in no small part to experienced attorneys working hard with their clients to resolve issues and settle disputes. Their advice is integral to this process.
3. Do Not Go to “War” Against Your Spouse
Something that I’ve found in my time spent representing clients at The Law Office of Bryan Fagan, PLLC is that clients have long (very long) memories when it comes to feeling slighted by their spouse. The time that their husband didn’t pick up their daughter from Girl Scouts on time or when he fed the kids ice cream for dinner and didn’t give Junior his asthma inhaler, clients have keen recollections of when their spouse exhibited poor judgment.
That being said- their memories invariably get fuzzy when asked to consider their own shortcomings, bad acts, or faults. “There are two sides to every story” is an axiom for a reason, and this is especially true in divorce cases.
Even if your spouse is a bad person. Even if your spouse has harmed you in some way. Use your divorce as a means to dissolve a negative relationship in your life, salvage as much of your property and assets as possible, and, where applicable, be able to build future relationships with your kids. Once the negotiating table becomes a battlefield problems are sure to follow.
Understanding Texas Divorce Laws
Divorce laws can vary significantly from state to state, and Texas is no exception. In this section, we’ll break down the key legal requirements and procedures specific to Texas, helping you to navigate this complex legal terrain with greater understanding and ease.
Key Legal Requirements and Procedures
Texas law has specific requirements that must be met for a divorce to be granted. These include residency requirements, grounds for divorce, and mandatory waiting periods. Understanding these elements is crucial in preparing for the divorce process:
- Residency Requirements: At least one spouse must have been a resident of Texas for a minimum of six months before filing for divorce.
- Grounds for Divorce: Texas allows for both no-fault and fault-based divorces. In a no-fault divorce, you don’t have to prove your spouse did anything wrong. However, fault grounds like adultery or cruelty can impact asset division and alimony.
- Mandatory Waiting Period: Texas requires a 60-day waiting period from the time you file until the divorce can be finalized, with few exceptions.
How Texas Laws Differ from Other States
Texas has unique aspects in its divorce laws, particularly regarding property division and child custody:
- Community Property State: Unlike many states, Texas is a community property state, meaning all assets and debts acquired during the marriage are considered jointly owned and are typically divided equally.
- Child Custody: Texas focuses on what is in the “best interest of the child,” with a preference for joint managing conservatorship, meaning both parents share in the decision-making for the child.
Selecting the Right Legal Representation
Choosing the right attorney is crucial in a Texas divorce. This section highlights how to find a qualified divorce attorney in Texas and discusses the role they play in divorce proceedings.
Finding a Qualified Divorce Attorney in Texas
Selecting the right lawyer involves several key steps:
Research: Look for attorneys who specialize in family law and have experience with Texas divorce cases.
Consultations: Schedule consultations with potential attorneys to discuss your case and gauge their expertise and compatibility.
Credentials and Reviews: Check their credentials and read reviews or ask for references.
The Role of Legal Counsel in Divorce Proceedings
A divorce attorney plays several vital roles:
Legal Guidance: They provide detailed legal advice tailored to your specific situation.
Negotiation and Representation: They negotiate on your behalf and represent you in court, if necessary.
Paperwork and Compliance: They ensure all legal documents are correctly filed and deadlines are met.
Having the right legal counsel can significantly impact the outcome of your divorce, making it crucial to choose an attorney who is well-versed in Texas law and aligns with your needs and goals.
Final Thoughts
Divorce is not just an ending; it’s a new beginning—an opportunity to move forward with clarity and confidence. As you navigate this transition, keep these essential divorce tips in mind to help you make informed decisions every step of the way. Remember, you are not alone in this journey. With the right resources, support, and guidance, you can embrace the next chapter of your life with strength, optimism, and a renewed sense of purpose.
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Frequently Asked Questions
The 10-year rule in divorce in Texas refers to the duration of marriage, which can affect spousal support (alimony). If a marriage lasted for at least 10 years, the spouse seeking support may be eligible for long-term spousal maintenance.
In a divorce in Texas, both spouses have the right to an equitable distribution of community property. This may include assets acquired during the marriage, as well as debts. Additionally, a wife may be entitled to spousal support or alimony under certain circumstances.
The duration of a Texas divorce can vary depending on various factors, such as the complexity of the case, the willingness of both parties to cooperate, and court schedules. It can take anywhere from a few months to a year or more to finalize a divorce in Texas.
During a divorce, various factors can be used against you, such as evidence of misconduct, financial irresponsibility, substance abuse, or neglectful behavior. Social media posts and communications can also be brought up in court if they impact the case negatively.
Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
