Increasingly, it is becoming possible to perform many actions online that were only available previously through other means. It used to be that you had to renew your driver’s license in person on every occasion. However, now you may renew your driver’s license online periodically. Even ordering groceries or a meal from your favorite restaurant can be something that you accomplish on the internet. For many of us, doing things like this on the computer has become second nature. We presume that the quality of the experience is comparable, and the result would be the same as acting as a person.
One of the areas of modern life that have shifted online relates to divorce cases. A divorce was and still is a process that involves some degree of interpersonal contact. From hiring an attorney to attending mediation, a divorce sees people interacting in person frequently. That is not to say that there is no opportunity for a primarily online experience in the world of divorce. Under certain circumstances online divorce is possible.
If you are interested in obtaining an online divorce, then stick around for today’s blog post from the Law Office of Bryan Fagan. We are going to share with you some helpful information on avoiding common online divorce mistakes. At the end of the day, if you’re online divorce cannot help you achieve your goals then it is not in your best interest. A less expensive and more straightforward online divorce experience is possible by considering the information in this blog post.
Making sure you can file for divorce in Texas
One of the great things about the Internet is that it shrinks our world. You do not need to live in a certain place take advantage of what that location has to offer. Even if you do not live in Texas, you can easily order cowboy boots from your favorite clothing store located in the Lone Star State.
However, the same principle does not apply to a divorce. Wanting to get divorced in Texas means establishing that either you or your spouse are residents of the state of Texas. With residency comes jurisdiction over the persons and subject matter of your case. Jurisdiction refers to the ability of a court to issue rulings and hear arguments in your case. Without jurisdiction, any rulings of the court regarding your case would be potentially invalid. Since jurisdictional issues may be raised at any time during a case you want to make sure that Texas has jurisdiction over your case from the beginning.
In short, you or your spouse must be residents of safe Texas for at least six months and a resident of the county where you file for at least 90 days before the beginning of your divorce. Make sure that one of you at least has lived in the state for that period. Otherwise, you may find that your spouse can contest jurisdiction and cause you problems when it comes to having the outcomes of your case overturned in the future.
Uncontested divorces in an online environment
An uncontested divorce is one where you and your spouse agree on the issues of your case. While you two are getting divorced it also follows that both of you agree on issues ranging from marital property division to child custody. The marriage itself may not be salvageable. However, that does not mean that the two of you are not capable of putting your heads together and settling on the issues of your case. An uncontested divorce is the opposite of the extremely intense and pugilistic shouting matches that we see portrayed on television.
What does this mean in an online context? For starters, you need to be sure that your divorce is uncontested before moving to file. Bear in mind that even if your divorce is not uncontested that does not mean your case is doomed. Even contested divorces do not have to be the knockdown, drag-out fights that we see in television and movies. For instance, an experienced family law attorney can help you turn even a contested divorce into a civil and expedited process.
Uncontested divorces are straightforward, and process driven. Being involved in an uncontested divorce means that there is negotiation to be done. From that negotiation comes formal settlements that can be applied to the issues of your case. An online divorce is well suited to be the backdrop for your uncontested divorce case. It requires you and your spouse to discuss the issues of your case before filing. If you can honestly tell each other that you have no disagreements on the issues of your case, then you have a chance for an online divorce. If any disagreements come up along the way your case can be shifted to a contested divorce which involves a more traditional approach.
Make sure your documentation is accurate
Part of the benefit of an online divorce is that you do not have to involve yourself with other people who typically come with a divorce case. This involves attorneys, mediators, and others. An attorney will typically draft all documents after consulting with you first. However, in an online divorce, you can submit documents online and do not necessarily have to check first with an attorney. The thought is that you have less to be concerned with because the divorce is uncontested.
Even if this is the case you still need to be vigilant about double-checking your documents. One of the major issues which come up in divorce cases relates to incorrect or incomplete documentation. To begin with, a divorce starts with a divorce petition. Even though this document is not incredibly lengthy or intricate it still needs to be correct. You need to list your information, that of your spouse as well as basic information about your children. The failure to do so can result in problems associated with the case. For instance, you need to include all the correct requests for relief in your petition. You cannot be awarded relief that you did not plead for.
The most important document of your entire divorce is the final decree of divorce. This is the document that spells out all the agreed-upon orders in your case. It would be a shame if you and your spouse worked hard to negotiate your way through a divorce only to find problems at the end of the case. Do not take for granted any segment of your case. Even though the final decree of divorce is drafted at the end of the case that does not mean you can afford to pay less attention to it. The whole point of a divorce is obtaining court orders that are satisfactory and enforceable in the future.
How to best ensure your documents are accurate and complete in a divorce
When it comes to a divorce case there is no substitute for great representation. The attorneys with the Law Office of Bryan Fagan can tell you that many parties suffer through a divorce in no small part to lacking competent representation. However, competency is only the minimum standard in divorce representation. On top of that, you need an advocate who can walk alongside you who has the heart of a teacher. When an attorney provides their client with knowledge that allows the client to make better decisions.
Meeting with an experienced family law attorney at the Law Office of Bryan Fagan can provide you with a tremendous advantage in your divorce. Our attorneys walk alongside fines going through the divorce process every day. We know what you are going through and have the skills to get you to the other side of a divorce. On top of that, we help our clients with creating goals and devising a plan to achieve those goals. Our attorneys do not treat a divorce like a babysitting job. We treat our clients with dignity and respect and work with their families to make their divorce as productive as possible.
We offer free-of-charge consultations six days a week. Additionally, we have physical office locations across Texas. This means that no matter where you are in our state, the attorneys with the Law Office of Bryan Fagan are just around the corner. If you prefer, you are also able to meet with one of our attorneys over the phone or via video. We make meeting with an attorney as pain-free as possible.
Specific advice about your specific situation
Divorce cases are a little like snowflakes. No two are exactly alike. This means you cannot assume that just because your friend or family member’s divorce appears like yours the overall process will be the same. Rather, you need to be aware of the possible outcomes of your case from the perspective of whatever issues are most important to you. Consider all the different factors weighing in on your case. This includes your children and your finances. These are subjects that you cannot afford to take for granted.
As we have already covered today, online divorces are terrific if speed is a factor. However, speed and ease of use should not be the number one issues when it comes to how you proceed in your divorce. It is better for the case to take a little longer and for you to arrive at a better outcome for your family. Unless a divorce lines up perfectly, it may not be for the best that it be uncontested. How can you be sure that your case makes sense to proceed as an online divorce?
Speaking with an attorney who has experience in divorce cases is a good place to start. The attorneys with the Law Office of Bryan Fagan not only offer traditional representation in a divorce but also limited scope arrangements. This means that we can serve you by representing you in particular proceedings, reviewing documents with you, or only drafting documents with your input. There are many ways to approach representation in a divorce. Our office is willing and able to be flexible with how you form a relationship with us. This allows you the best of both worlds when it comes to an online divorce and having top-notch legal representation.
Think specifically about the property division
Dividing marital property in a divorce is a huge task. There are far-ranging consequences to the decisions that you make. So much of your life’s work is contained in the property that you own. Figuring out how to divide that marital property takes time and diligence. It is not something that should be approached like an afternoon homework assignment. Rather, it is something that you and your spouse need to put time and energy into. Ideally, you will be able to come up with an agreement that is satisfactory to both of you. This is a hallmark of the uncontested divorce process.
At the same time, how can you be sure that the agreements contained in your divorce paperwork or your best interests? Some things that sound equitable or fair in theory may not turn out to be that way in practice. This is especially true when you have little experience in a divorce. Even if you have been divorced before we just finished discussing how all divorces are unique. As a result, do not expect that your first divorce will necessarily look like your second. Can an attorney help when it comes to assisting you and your spouse with dividing your property?
Without a doubt, attorneys are adept at helping clients divide their property and debt in a divorce. One of the many benefits of working with an attorney is that the attorney has the kind of experience needed to provide you with a different outlook on your case. You may be looking at a particular issue from one vantage point. Whereas your attorney is experienced enough to know how other people or other circumstances have utilized different tools to their success in a divorce. Availing yourself of that experience can result in better outcomes for you and your family.
A parenting plan that is detailed and comprehensive
Sharing custody of your children will be a challenge after the divorce. This is true even if you and your spouse are going through an uncontested divorce. Inevitably, You and your co-parent will run into difficulties while sharing custody of your children. In times like that falling back on the agreed child custody orders is important. The clearer cut and comprehensive those orders are the better your life and your children’s will be. Additionally, court orders that are not well thought out may not be enforceable. Again, the whole purpose of your divorce is to negotiate enforceable court orders in your case.
When you were not detailed in your court orders you leave things to chance. A custody and parenting plan should be well-developed and specific in terms of parental responsibilities on each day of the year. This includes possession and visitation. On top of that, consider the type of visitation schedule that you have created with your co-parent. How well-developed is it? If you cannot understand each aspect of the parenting plan you created, then it is time to consider working with an attorney.
Another factor to consider is your work schedule in that of your spouse. If either of you work odd hours or are considering a change in employment you need to make sure that your new schedule works with your parenting plan. Going through a child custody case with a custody plan that does not work well serves no one. An attorney can provide you with different ideas of how to structure visitation and position plans that do not conflict with your work schedule. This makes more time for your children and less of an opportunity for you and your co-parent to argue.
Final thoughts on mistakes common within online divorces
Online divorces are a terrific option for certain people going through divorce in Texas. When you have an uncontested divorce, very little property, and no children it is an especially attractive option to choose from. However, that does not mean you can ignore the details or approach the case casually. You and your spouse still need to be able to understand the ramifications of your decisions. From there, you also need to be able to draft well-written and thought-out documents.
Before jumping into an online divorce, the attorneys with the Law Office of Bryan Fagan recommend you consult with one of our attorneys. At no cost to you, this can be a wise step towards whatever divorce outcomes you believe are best for you and your family.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
