The title to this blog post is probably a dead giveaway that not only is
it time for you to look into contacting a family law attorney. I can say
that with confidence because the time is right for you to do so when the
thought has crossed your mind and you’re done with just going through
the motions of your day to day life. Despite what some people believe,
I have encountered very few people that have come in to the Law Office
of Bryan Fagan for a divorce consultation that have not considered the
far reaching implications of what it is they are inquiring about.
Divorce is without a doubt the most stressful, taxing and emotional time
period of most any adult person’s life. Notwithstanding the death
of a spouse or something along those lines, what you put yourself and
your family through in a divorce is usually necessary to come out of the
other end a happier and more productive person. That’s not to say
that the process itself isn’t as difficult as you might think. It
almost invariably is as difficult as you’ve been led to believe.
However, that doesn’t mean it is not something to consider and that
does not mean there are not opportunities for you to find representation
that can assist you and your family minimize the disruptions and stress
associated with divorce.
What all does a divorce entail?
When you feel like you’ve had it with your spouse and that there
is no turning back from moving towards a divorce it is easy to just consider
the immediacy of your actions. Filing for divorce means separating physically
from your spouse and beginning the process of separating emotionally and
financially as well. Unfortunately it also means the possibility of separating
from your children (if you have any) for at least a period of time. However,
if your marriage has become toxic for you as well as your spouse a divorce
may be a step that needs to be taken sooner rather than later.
Divorce is more than just creating a separate life for you and your spouse.
A Final Decree of Divorce is what you are aiming for from the second your
divorce is filed. This is the Order signed by a judge that lays out the
ground rules for you and your spouse in terms of your children and your
property. Every single issue, no matter how small, is typically covered
within this document. Child custody, rights and duties to your child,
possession schedules, child support, and a division of your marital estate
are the main items that your divorce decree will detail. If you and your
spouse came to any prenuptial or postnuptial agreements then those covenants
will need to be referenced and implemented within your decree as well.
Suffice it to say that this is not a “do it yourself” type
proposition for most people, yourself included. You can go online and
find divorce kits that advertise a quick and easy divorce for $100 or
some nominal amount like that. All the forms are provided, they tell you.
Just fill in the blanks and file at the courthouse, you’re assured.
Well, I can assure you that from my experience in handling divorces for
folks across southeast Texas many of those people come to the Law Office
of Bryan Fagan after attempting unsuccessfully to draft, file and proceed
with a divorce on their own without representation. While a divorce is
not rocket-science, it is something that has both art and science components
to it. There are necessary documents to have drafted in certain ways and
in certain time frames. If not done correctly and according to the law
in Texas your case can be delayed unnecessarily and possibly even dismissed.
This means you will need to start your case all over again if a deadline
There is also the consideration that to achieve positive results for you
and your family negotiation will need to occur between yourself and your
spouse and their attorney. In the event that your spouse is represented
by an attorney it is in your best interest to do the same. Experienced
family law attorneys can work with one another, keeping the interests
of their clients in mind and at the forefront. However, the benefit to
having an attorney by your side is that the raw emotions of this process
can be filtered out by having another person engage in the negotiations
on your behalf. Increasing your ability to negotiate well, while removing
the emotions that may hinder your willingness to compromise sounds like
a best case scenario to me.
Other reasons to consider hiring a lawyer for your divorce
We’ve already touched on an important reason to hire a lawyer- if
your spouse has already done so. Lawyers will help manage your case’s
timeline and ensure that it proceeds efficiently through the court. You
and your spouse can get divorced on your own, but if your paperwork is
not done correctly, or negotiations hit a snag your case will remain unresolved.
Weeks become months and months become years in divorces with relative ease.
If your physical safety or that of your children is in peril then it is
also a good idea to consider speaking to and hiring a family law attorney
for your divorce. Special steps can be taken to request emergency measures
be taken to present the relevant issues to a judge and to seek protections
for you and your children. An experienced family law attorney will be
able to help begin this process quickly and efficiently.
Part Two of the Law Office of Bryan Fagan’s series on hiring an attorney
to be posted tomorrow
In the second and final part of this series of blog posts on hiring a
family law attorney in your
divorce, we will discuss the types of divorces and how representation can be crucial
to your success in each.
If you have any questions for the licensed family law attorneys with the
Law Office of Bryan Fagan please do not hesitate to
contact us today. A free of charge consultation can be obtained six days a week where
your questions can be answered.