The stress and uncertainty of a divorce can be overwhelming for many people. This is not something that you have a great deal of control over. How you react to a divorce, in all its challenges, is unique to you and your mental composition. The way that you handle these challenges depends upon several factors. However, one thing is for sure: understanding the resources available to you during a divorce can help to alleviate these burdens.
On top of that, there are pieces of information that can make a tremendous difference for you and your family from a mental health perspective. In short, you do not have to go it alone When it comes to your mental health. Rather, learn the resources that you can better avail yourselves of during your divorce. The Law Office of Bryan Fagan Is here to help.
Our attorneys and staff treat each client with individualized care and respect. Just because you have questions does not mean that there are no answers out there for you to find assistance. Rather, allow this blog post to act as a resource for you to turn to. From there, reach out to the Law Office of Bryan Fagan today. We have the skills and experience you need to manage your divorce well from a mental health perspective.
Do not overlook your mental health during a divorce
There are many competing interests battling for your attention during a divorce. It is easy to find yourself with more questions than answers about this important subject. However, you do not need to worry unnecessarily. Constantly worrying about your mental health does nothing to ease those mental health burdens. Rather, your mental health is improved when you make a concerted effort to do something proactive. This takes more effort but stands to benefit you much more moving forward.
The impact of stress on your mental health
Unfortunately, stress is a part of the divorce process. In truth, there is nothing a person can do to eliminate stress in a divorce. They stressful divorce can begin with several issues standing in your way. Finding a method to overcome their challenges is what successful divorcing spouses due. Along the way, you would be able to manage challenges associated with the process much easier when your mental health is under control.
This can begin with something as simple as taking time out to figure out where you are going to live. Uncertainty associated with your living situation can directly lead to stress and anxiety in a divorce. If you are going to be moving out of the home, then this can be something that helps you to identify a large factor associated with stress. Solidifying your living arrangements and any changes that need to be made for your children can greatly reduce the stress associated with your divorce.
Seeking help from a mental health counselor or therapist
One of the ways that people successfully deal with mental health challenges is to see a counselor or therapist. Mental health counselors are oftentimes covered by your health insurance. Depending upon where you live there may be several therapists or counselors who work in your area. The options available to you increase the likelihood that you can find a therapist who can help. Do not let the stigma associated with counseling or therapy prevent you from finding the assistance you need to help deal with divorce-related stress.
Working with an experienced family law attorney can reduce stress and anxiety
There is no surefire solution to solving every issue you have associated with stress. However, there are steps you can take to reduce the likelihood that the stress negatively impacts your life. Some stress in a divorce can be positive. This would be the type of stress that can encourage you to plan and create goals for yourself in the case. Being able to distinguish between good stress and bad stress is just one area of focus in a divorce.
The attorneys with the Law Office of Bryan Fagan know how to help families just like yours. We understand the complex issues that arise in a divorce case. However, we also understand that your family is unique. That means that the factors involved in your case require an individualized plan and an eye toward detail. Our attorneys do not reuse case strategies or methods repeatedly. Rather, we take an individualized approach with our divorce clients. In short, we take nothing for granted in your divorce case.
Contact our office today for a free of charge consultation. These consultations occur in a low-pressure environment. You can ask questions and receive information at your own pace. We take the time to provide you and your family with information that is practical and usable in your case. This allows you to make decisions that are goal-oriented and practical. From there, you have more energy to focus on areas of your life like stress management.
Understanding what can be done legally to protect your mental health
The legal process itself can be stressful. However, there are elements of the law in divorce that can be used to help you maintain your mental well-being. A concern for many spouses and a divorce would be maintaining safety and stability. We have already covered how moving can be a large source of stress and divorce. On top of that, you may have concerns regarding your physical safety and that of your children. Understand that the family courts of Texas value your safety above all else.
For instance, emergency protective orders can be sought from the very beginning of your case. These protective orders allow you to present a case to a judge or additional protections over and above what is typically allowed for. For instance, if you need your spouse to be kept away from your home or your child’s school then an emergency protective order can be implemented. More specific guidelines and restrictions are available depending on your circumstances. However, an emergency protective order needs to be sought immediately.
Additionally, temporary restraining orders are common in divorce cases. These temporary restraining orders go into effect for 14 days. Once that 14-day period elapses you will need to either request that the restraining order be extended or attend a temporary orders hearing. The temporary restraining order typically becomes a temporary order after a hearing or mediation session. Those temporary orders extend the protections available at the beginning of a case. Understanding this can greatly increase your stability and happiness.
The power of beginning a family law case
Your divorce may be something that has been on your mind for many years. Working up the courage to begin a case can take time. Once you finally make up your mind to file the divorce you may be surprised to see the extent to which your mental health improves. The fear of the unknown and the uncertainty attached to it leads to unwell mental states. This is something that you see frequently in the world of Texas family law. Once your case is filed that uncertainty is lessened.
Having a plan is good when it comes to your divorce. However, implementing a plan is even better. This allows you to gain several “wins” in the divorce before the case eventually begins. Starting with positive momentum like this does wonders for your mental health overall. Momentum in a divorce is a real thing. Your family benefits when their leader has a positive outlook. When filing for a divorce, you can achieve tangible victories simply by deciding to move forward.
Working with an experienced family law attorney at the Law Office of Bryan Fagan can propel your case forward. Our attorneys have walked alongside many families in your position. We know the stress and anxiety that comes with divorce. Our attorneys take an individualized approach to managing your case and your well-being. Talk with one of our attorneys about your concerns. You will see that we have a great deal of empathy for our clients and their situations.
What is a mental health evaluation?
Now let’s put the shoe on the other foot. Suppose that you and your husband have been going through problems in the marriage recently. Some of these concerns have been more run-of-the-mill. Issues involving money, disagreements with the children, and other family-related problems. However, you have also started to worry about his mental health. He has been acting irrationally for the past several months. You can tell that he is not the same parent that he once was. You have attempted to address the issues with him directly, but he has not responded favorably.
Given your husband’s deteriorating mental health state you have attempted to seek counseling on his behalf. Scheduling appointments around his work life has not made it any easier for him to receive care. Because you have exhausted all available resources to find him care you believe a divorce is necessary. A valid concern of yours is to look out for the mental health of your husband. While you believe a divorce is necessary you also do not want to decimate his mental well-being.
So, you walk into the Law Office of Bryan Fagan to speak with one of our lawyers about this situation. You are focused on the divorce given the deterioration of your family life. However, you also express a desire to look out for the mental well-being of your husband. Your main questions relate to how your husband’s mental health can be maintained despite the divorce stressors.
Asking for a mental health evaluation in your divorce
It would be prudent in this situation for you to ask the court for a mental health evaluation to be performed on your spouse. A mental health evaluation does not force your husband to undergo disruptive or unpleasant testing. Rather, these evaluations, overseen by the court, are geared towards finding solutions to the mental health challenges facing your family.
Specifically, your concerns lie mostly with your husband’s ability to parent your children after the divorce. Mental health challenges do not mean that your husband cannot parent effectively. A focus must be placed on aiding your mouse and finding help. What a court will not tolerate is a person with mental health challenges not seeking help. What that help looks like may vary from person to person. Counseling, therapy, rehabilitation, or addiction counseling may be necessary. This does not need to be something that you speculate about. Allow a professional to help your family in your time of need.
Something you should try to avoid is a situation where your divorce ends, and you have not addressed these mental health challenges with the court. If your family is struggling with the mental health of a parent, then that needs to be looked at in detail sooner rather than later. Problems like this can be discovered and dealt with more easily during a divorce than after. Take advantage of the resources available to you in a divorce. This can go a long way towards helping your family reduce stress levels.
Looking at the best interests of your children
Courts look at issues related to your children from the vantage point of their best interests. One of the challenges that families face in a divorce relates to the differing interests of parents and children. Namely, what is in your child’s best interests may not be in yours. If you are suffering from a mental health challenge, then it may not be appropriate for you to have consistent contact with your children. At least, it may not be appropriate until you seek professional help. Acknowledging that you have a mental health issue may not always be possible. That is why having a support system is invaluable during a divorce.
Visitation issues in a divorce involving mental health challenges
One of the main focuses of most parents in a divorce is being able to spend as much time as possible with their children. You and your spouse likely have a similar focus on your divorce. With that said, adding in a factor related to mental health can seriously impact the amount of time that a parent can spend with their children. We just finished discussing the best interests of the child’s standard. In short, it may not be in your child’s best interests to spend extended time with you at this moment.
That does not mean you would never be able to regain a standard amount of visitation with your children. For instance, let’s assume that you are going through a difficult time with your mental health. The divorce has exacerbated an already challenging circumstance related to your mental well-being. As a result, you have had to seek in-depth mental health counseling. This counseling has revealed a great deal of your stress related to your children. For a short period, you will need to reduce your contact with the kids.
This does not mean you will never be able to regain the time lost with your children. Rather, you and your attorney can negotiate for a stair-step visitation plan. A stair-step visitation plan involves you gradually regaining custody time with your children. In this way, you can think of it like climbing a set of stairs. As your mental health improves you can gain more time. Eventually, once you reach the top of the stairs, your visitation is the same as it would be absent any mental health challenges.
Final thoughts on mental health challenges in a divorce
Facing challenges in a divorce means having a plan. Not every plan eliminates mental health challenges. However, a good plan can assist you by understanding the challenges better. From there, you can determine a course of action that is geared towards the goals in your case.
Having goals in a divorce is critical. Being able to focus on those goals gives you something to think about. This is as opposed to a situation where you ruminate incessantly about things beyond your control. By having goals, you can achieve more favorable results. Feeling like you are building towards something positive in the divorce is a major step in the right direction.
Thank you for choosing to spend part of your day with us here on the blog for the Law Office of Bryan Fagan. Our attorneys understand that a divorce is not a fun experience. There is nothing wrong with acknowledging that you have mental health challenges associated with your case. From there, however, you can develop a plan geared towards maintaining a strong focus on your family and your health.
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.
