Divorce is a complex and emotionally charged process, filled with important decisions that can impact your family and your case. If you’re contemplating a divorce in Texas, it’s crucial to be aware of common mistakes made by others in similar situations and take steps to prevent them. The Law Office of Bryan Fagan can help you avoid these pitfalls for a smoother divorce process.
1. Preserve All Documents and Property During Your Divorce
During law school, we often heard stories of students resorting to desperate measures like hiding reference books during exams, reflecting a “win at all costs” mentality. While divorce isn’t a test, it’s a high-stakes situation that can lead some people to tamper with or destroy evidence. This is a mistake we’ve witnessed far too often.
It’s essential to understand that you don’t need to navigate this process alone. Your divorce attorney is there to guide you. If you believe something might be relevant to your case, refrain from disposing of it without consulting your attorney. Inform them of your concerns, and rely on their expertise to determine the best course of action. Keep in mind that Temporary Orders or Standing Orders are established early in divorce cases to prevent parties from destroying evidence or altering the status of assets. When in doubt, contact your attorney before taking any actions that could jeopardize your case.
Another less common concern during divorce is the status of property you own. If your name appears on a deed for real estate and you attempt to sell or transfer that property without your spouse’s consent, it will likely raise questions in court. Judges generally expect both parties to maintain the status quo regarding property during the divorce. Trying to circumvent these legal requirements can result in significant fines in the form of attorney’s fees and damage your case in the eyes of the court.
2. Avoid Incurring New Debts During the Divorce
Most standing orders or temporary orders issued during a divorce prohibit either party from taking out loans or accumulating significant credit card debt. This rule applies even if the debt is in your name alone and doesn’t involve your spouse. The reason behind this restriction is that any debt incurred during your marriage is typically considered part of the community estate, meaning both you and your spouse share responsibility for it.
A judge will review the outstanding debts and decide which party should be responsible for each. Therefore, it’s essential to exercise caution and avoid making impulsive decisions regarding your debts during divorce proceedings. This includes reducing or paying off debt, as doing so may result in unforeseen consequences. Typically, a judge will order the debt to be split evenly between both spouses, so paying it off yourself may create an unnecessary financial burden.
Additionally, the money you use to pay off debt during divorce proceedings is often considered community property. If any of this money is used to pay off debts that could be construed as separate, you may find yourself in a challenging situation when addressing the issue of wasting community property.
Seek Professional Guidance from The Law Office of Bryan Fagan
While there are many other potential pitfalls in a Texas divorce, we have highlighted these two common mistakes that can significantly impact your case. If you have questions or concerns about divorce in Texas, it’s crucial to consult an experienced family law attorney. The Law Office of Bryan Fagan, PLLC offers free consultations, allowing you to discuss your divorce, child custody, or any other family law matters with one of our licensed attorneys. Don’t hesitate to reach out for guidance during this challenging time. Your peace of mind and a smoother divorce process are just a phone call away.
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Law Office of Bryan Fagan, PLLC | Spring, 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 Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact 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.
