If you are an adult and if you have friends, a family or co-worker then
you have heard other people talk to you about their
divorce. When people tell stories about themselves the person will rarely make
the effort if there is nothing interesting to tell. So if we remove all
the instances where a divorce was relatively quick and painless then we
are left with the somewhat “juicy” stories that involve people
in your life and their ex spouses duking it out for the
Both are important subjects, with the children obviously being more important
by a factor of about a million. What is scary to hear from your friends,
family and co-workers are instances where he or she tell you that all
they came out of the divorce with was the clothes on their back. Something
happened during the divorce that led to their not doing as well as they
would have hoped in terms of retaining the property that both spouses
shared during the marriage.
This may leave you feeling a bit uneasy now that you are considering a
divorce and looking for a
Texas divorce attorney to hire. What’s the likelihood that you come out of your own
divorce with nothing and a long road towards having a normal life again? Let’s
walk through this issue in order to examine it with more detail.
Goals in property negotiations: Gimme, Gimme, Gimme
I will go out on a limb and assume that if you had your choice you would
like to be awarded as much as you can be (within reason) in terms of property
from your divorce. I’m not saying that you are going to fight your
spouse for every last piece of silverware. All things being equal though,
you would prefer to come out with more and give to your spouse less as
far as property is concerned. There’s nothing wrong with that, of
course. Whether you end up with the items that you want depends on how
you and your attorney prepare when nobody else is watching.
How can you best ensure that you have the opportunity to be awarded specific
items or pieces of property? Communicating with your attorney is a good start
Talk with your lawyer about your goals
Before filing for divorce I would advise you to take inventory of your
home, storage unit, beach house, lake house, etc. in order to start organizing
the property that comprises your and your spouse’s life together.
A “theirs”, “mine” and “ours” type
layout typically works best. If you can begin to establish where each
piece of property falls that will be helpful because your spouse will
most likely be doing the same exact thing. If you both agree for the most
part on how to characterize particular pieces of property then you may
not be in for the property battle that you had been dreading.
Once you have your list made up give your lawyer’s office a call
and set up a time to go and meet with him or her. This is your goal setting
session and should be treated with a great deal of importance by both
you and your lawyer. You should be specific in your goals as far as specific
pieces of property that you would like to keep and in your reasoning as
to how you intend to prove that a particular item should be awarded to
you and not your spouse.
This strategy session is important for your attorney as well because he
or she needs to know what you are thinking in terms of what you aim to
accomplish in this divorce. I have personally seen past clients run the
gamut from believing that they are going to walk out of the divorce with
everything in the home to those clients who were extremely pessimistic
at their chances to keep anything. As with most things in life, the truth
lies somewhere in the middle most of the time.
divorce lawyer will talk to you about what realistic goals are and what you should realistically
expect to be awarded if a judge has to play tie breaker for you and your
spouse. So much of the
divorce process is simply making offers and counter offers to your spouse and their attorney
that your lawyer can almost immediately begin to open up some dialogue
with your spouse’s lawyer on these subjects. I have seen items ranging
from vacation homes to plastic rings from a flea market be negotiated
upon successfully by myself and the opposing attorney.
Finally, think about your spouse and what he or she is likely to go after
in terms of a property
negotiation. What he or she wants, what he or she is likely to get and how he or she
will likely support themselves after the divorce are important to think
about. Your attorney does not know your spouse at all. What may be obvious
to you is most likely not so obvious to your attorney. Your lawyer does
know strategy, however, and can negotiate better knowing what your spouse
likely wants or does not want.
An analogy I tell clients all the time that they should picture their divorce
as a table with all of their worldly possessions in the middle of the
table. Our job as attorneys is to help both parties divide up those possessions
in a way that (in a perfect world) is beneficial, fair and leaves each
client feeling like they are satisfied. The alternative is talking to
the judge- a situation that I can tell you from experience rarely results
in either side feeling all that happy.
Questions about dividing up property in your divorce? Contact the Law Office
of Bryan Fagan
A free of charge consultation with one of our licensed
family law attorneys is only a phone call away. The
Law Office of Bryan Fagan represents clients across southeast Texas and we would be honored to listen
to your questions, answer what we can and discuss your case in greater detail.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Issues in Community Property Law in Texas
- Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
- Dividing Property in a Texas Divorce - The Just and Right Division
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
- Business Owners and Business Assets in a Texas Divorce
- What to do when your divorce decree does not include a marital asset?
- High Net Worth Divorce / High Asset Divorce
Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan 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 Child Divorce Lawyers right away to protect your rights.
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 by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Houston, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and